Question regarding enrty into Canada

[fuelerdude]

I just finnished reading the thread titles Help! (Regarding entry into Canada with a past DUI/DWI. I have a similar, but not same question. I have a diversion for a DUI back in 2002, as well as a wreckless driving back in 1994/5 ( I used to be a terrible driver and thank god I didn't kill anyone. I now drive in a manner which helps ensure I can make it home to my family now.). With that being said, would the diversion require me to get the TRP or rehabillitation document? What about the misdemeanor for the wreckless driving?

 

I am not planning on an Alaska cruise soon, but I will probably be taking one in 2 or 3 years. I'd like to have my ducks in a row before I book and I didn't realize how Canada viewed DUI/DWI.

[GORDONCHICK]

I just finnished reading the thread titles Help! (Regarding entry into Canada with a past DUI/DWI. I have a similar, but not same question. I have a diversion for a DUI back in 2002, as well as a wreckless driving back in 1994/5 ( I used to be a terrible driver and thank god I didn't kill anyone. I now drive in a manner which helps ensure I can make it home to my family now.). With that being said, would the diversion require me to get the TRP or rehabillitation document? What about the misdemeanor for the wreckless driving?

 

I am not planning on an Alaska cruise soon, but I will probably be taking one in 2 or 3 years. I'd like to have my ducks in a row before I book and I didn't realize how Canada viewed DUI/DWI.

 

You should contact an attorney.

[wwcruisers]

Seeing as how you have some time before you are faced with this situation, you might want to seek competent legal counsel on the matter. This is a cruising forum -- not really a good place to get legal advice, IMHO. Good luck -- cruising is a great way to see Alaska!

[sail7seas]

I would not want to rely upon nameless, faceless internet forum contributors to give me legal advice. Not the best source IMO

 

Good luck. Hope you are able to manage your situation and proceed with booking a lovely cruise to Alaska/Canada when you are ready.

 

[Langley Cruisers]

Further to the good advice already given, it is very responsible of you to start taking care of this prior to your booking a cruise. We read many stories here of how the cruise is already booked and can they get into Canada with thier DUI, etc. etc. Good on you for being proactive. :)

[6rugrats]

Start your research here:

https://help.cbp.gov/app/answers/detail/a_id/402/~/entering-the-u.s.-and-canada-with-dui-offenses

 

http://www.cbsa-asfc.gc.ca/security-securite/admiss-eng.html

 

You are smart to start this process now.

[jamessemaj]

I would suggest research on your own before paying for legal advise. It is not clear what the conviction status is of your offenses ("diversion for dui" and "reckless driving"), and either the record may have been retired or there are remedies you can pursue on your own.

 

6rugrats provides links to customs and immigration for the US and Canada. In addition, you can inquire of state and local agencies: the court of conviction, the probation department, the state pardons office (usually connected to the state parole board).

 

If there are no remedies, personally I wouldn't spend a lot of money to go through Canada. You could either fly directly to Alaska, or go from Seattle (although the ship porting in route in Canada might be a complication).

[sail7seas]

Good idea about sailing from Seattle but while OP is researching, he may wish to see about doing a roundtrip Seattle cruise that only has a stop in Victoria to meet PVSA. It is possible he could sail with the Canadian stop but not plan to go ashore. It would be too bad to miss being able to go ashore but he might still be able to sail Alaska.

 

We did 7 days on Oosterdam last June Seattle to Seattle and is was a great cruise. We had a wonderful time.

 

[fuelerdude]

Thank you for all of the quick responses!

 

I started looking into the situation a little more as well as advice from a lawyer. I will have to go with one of the two routes and will most likely go with rehabilitation.

 

Where I live, if you accept a diversion program you are admitting to guilt for the offense but it will remain off of your record with regards to insurance, etc. So, it will show up in a background check at a border crossing/entry point. Different states have different policies/statutes.

 

With the offense being 10 years old and my not having so much as a parking ticket since, the process should go fairly smoothly (Even though DUI is a serious criminal offense in Canada it is considered one of the lesser serious offenses.). It will still probably be time consuming as I will most likely have to provide documentation involving the DUI as well as documentation regarding what I did to fulfill the requirements of the diversion. It will also be a little costly to pay for the rehabilitation for Canada as well as retreiving documents from local authorities. the good thing about the rehabilitiation is it is a one time deal and good so long as I keep on the straight and narrow.

[beachchick]

Good idea about sailing from Seattle but while OP is researching, he may wish to see about doing a roundtrip Seattle cruise that only has a stop in Victoria to meet PVSA. It is possible he could sail with the Canadian stop but not plan to go ashore. It would be too bad to miss being able to go ashore but he might still be able to sail Alaska.

 

We did 7 days on Oosterdam last June Seattle to Seattle and is was a great cruise. We had a wonderful time.

 

 

Just a day or two ago that very issue came up on a thread. As I recall, the answer was that if a person would be denied entry into Canada under normal circumstances, he or she cannot board the ship, period. It doesn't matter if the passenger agrees not to disembark because the cruise lines have to provide the manifest with all passengers and all passengers must be legally allowed to visit Canada.

 

Caveat: I am not a lawyer or immigration expert. I'm just remembering what I've read more than once.

 

beachchick

[mizLORInj]

Person who cruises with us had DUI (or DWI--not sure which) in the 1980s. Never have had any issue going into Canada--via ship or plane--including a cruise to Canada last summer.

 

So don't give up, and I hope you do go on your cruise.

[GORDONCHICK]

Just a day or two ago that very issue came up on a thread. As I recall, the answer was that if a person would be denied entry into Canada under normal circumstances, he or she cannot board the ship, period. It doesn't matter if the passenger agrees not to disembark because the cruise lines have to provide the manifest with all passengers and all passengers must be legally allowed to visit Canada.

 

Caveat: I am not a lawyer or immigration expert. I'm just remembering what I've read more than once.

 

beachchick

 

That's what I remembered as well.

[sail7seas]

As always,,,,,,,,

 

Just because we read it here, it does not always ensure it is fully accurate. :)

 

Always a good idea to confirm those important issues with proper authorities IMO

 

I know I have innocently given wrong information and I know for sure I have read wrong information here. Most of us mean well and think we are giving informed, verifiable information but we all make mistakes.

 

JMO.....

[smeyer418]

I just finnished reading the thread titles Help! (Regarding entry into Canada with a past DUI/DWI. I have a similar, but not same question. I have a diversion for a DUI back in 2002, as well as a wreckless driving back in 1994/5 ( I used to be a terrible driver and thank god I didn't kill anyone. I now drive in a manner which helps ensure I can make it home to my family now.). With that being said, would the diversion require me to get the TRP or rehabillitation document? What about the misdemeanor for the wreckless driving?

 

I am not planning on an Alaska cruise soon, but I will probably be taking one in 2 or 3 years. I'd like to have my ducks in a row before I book and I didn't realize how Canada viewed DUI/DWI.

You need to speak with an attorney and bring your paperwork along. Most diversion programs do not end up in a conviction but a dismissal of the charges so you probably don't have a conviction for DUI and no report is in the system that you did. In Canada these are felony charges and is why they MAY be a bar. As you said reckless driving is a misdemeanor not a felony and is not a felony in Canada either. So probably not a bar. Talk with an Attorney bring all you paperwork along. Get from the courthouse what they actually show..i.e. a dismissal on the DUI and a conviction on the reckless and what the penalty was. The probability is that you won't have a problem but an attorney who is familiar with Canadian requirements with the paperwork from you will be able to tell better... Get the paperwork yourself no reason to pay for an attorney to get it for you...

[navybankerteacher]

First step might be to contact a nearby Canadian consulate - with full details. OP might get satisfactory clarification - and certainly enough information to bring to an attorney to minimize time run-up. OP certainly does not want any more advice than that from these boards.

 

As a footnote, I have to comment on OP's excellent "WRECKLESS DRIVING" record.

[commodoredave]

Thank you for all of the quick responses!

 

I started looking into the situation a little more as well as advice from a lawyer. I will have to go with one of the two routes and will most likely go with rehabilitation.

 

Where I live, if you accept a diversion program you are admitting to guilt for the offense but it will remain off of your record with regards to insurance, etc. So, it will show up in a background check at a border crossing/entry point. Different states have different policies/statutes.

 

With the offense being 10 years old and my not having so much as a parking ticket since, the process should go fairly smoothly (Even though DUI is a serious criminal offense in Canada it is considered one of the lesser serious offenses.). It will still probably be time consuming as I will most likely have to provide documentation involving the DUI as well as documentation regarding what I did to fulfill the requirements of the diversion. It will also be a little costly to pay for the rehabilitation for Canada as well as retreiving documents from local authorities. the good thing about the rehabilitiation is it is a one time deal and good so long as I keep on the straight and narrow.

 

Kudos to you for understanding the seriousness of your past driving offences and for you clean record over the past 10 years. I hope you go for and get rehabillitation and the right to enjoy your Alaska cruise and whatevers stops you might want to enjoy in Canada. Best of luck.

[fuelerdude]

As a footnote, I have to comment on OP's excellent "WRECKLESS DRIVING" record.

 

 

Oh the things I had done in a vehicle......I'm amazed I am still alive. :eek:

 

If you tode with me today, without knowledge of my past, you'd think I was Mr. Rogers in a car.

 

In the above post it mentioned charges being dismissed in a diversion. In my state, acceptance of a diversion program is also acceptance of admission of guilt. The charge shows up, but with a notation of a diversion. It's brought up every time I have to renew for clearance at work.

[smeyer418]

Oh the things I had done in a vehicle......I'm amazed I am still alive. :eek:

 

If you tode with me today, without knowledge of my past, you'd think I was Mr. Rogers in a car.

 

In the above post it mentioned charges being dismissed in a diversion. In my state, acceptance of a diversion program is also acceptance of admission of guilt. The charge shows up, but with a notation of a diversion. It's brought up every time I have to renew for clearance at work.

even though you may have to admit your guilt its not necessarily a conviction. what state is this so I can look up the legal effect. I realize you live in KS now but that doesn't mean it was the state you were in at that time.

[GORDONCHICK]

As always,,,,,,,,

 

Just because we read it here, it does not always ensure it is fully accurate. :)

 

Always a good idea to confirm those important issues with proper authorities IMO

 

I know I have innocently given wrong information and I know for sure I have read wrong information here. Most of us mean well and think we are giving informed, verifiable information but we all make mistakes.

 

JMO.....

 

I never said I read it here, as this is not the only thing I read. Similarly, if you're going on a cruise and one of the ports is in a country that requires a visa and you didn't get one, you won't be boarding that cruise either.

[smeyer418]

even though you may have to admit your guilt its not necessarily a conviction. what state is this so I can look up the legal effect. I realize you live in KS now but that doesn't mean it was the state you were in at that time.

http://www.crawfordcountyattorney.com/upload/criminal-diversion.pdf

 

the diversion program in this county of Kansas if successfully completed results in a dismissal and not a conviction.

[jamessemaj]

http://www.crawfordcountyattorney.com/upload/criminal-diversion.pdf

 

the diversion program in this county of Kansas if successfully completed results in a dismissal and not a conviction.

 

The purpose of "diversion" is usually relief from a final criminal conviction. That is pretty standard, and I would question that there is a permanent record in this case. I suggested earlier, and do again, check the record locally, and especially the court of conviction before paying an attorney.

[scottbee]

... I'd like to have my ducks in a row before I book and I didn't realize how Canada viewed DUI/DWI.

 

The same applies the other way; the United States views it as seriously - if not more so than Canada. There are plenty of situations where Canadian citizens were denied entry into the USA w/o criminal convictions at all, but merely a connection to something deemed illegal in the USA. Quite a famous one where a Univ professor who did research into LSD was denied.

[Karysa]

Canada is not the only place that takes drinking and driving serious. In 1993 while on vacation in St. Maarten we were told at a resort BBQ to go out and party and not to worry as drinking and driving was permitted on the island. Now there are laws pertaining to DUI on both sides of the island and the French side has the same strict laws as in France. Just a little heads up for anyone who rents a car and has a few cold ones while visiting far away ports.

[sail7seas]

deleted

 

sorry

[bubbadogmom]

http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

 

If you start the research now, you should be just fine for your Alaska Cruise. Thank you for being proactive, instead of just showing up and getting all angry when you are denied entry!

 

Good luck :)