Disembark Vancouver with police record?

[GeorgeCharlie]

Noticed an interesting comment on this website. https://www.ezbordercrossing.com/the-inspection-experience/prior-criminal-offenses/crossing-canadian-border-with-a-dui/

 

"Former U.S. President G.W. Bush had to get a special waiver to enter Canada because of his 1976 drunken-driving offense in Maine".

 

His DUI problem related to entry into Canada while carrying on his duties is also mentioned on this site.

 

https://www.addiction.com/6660/no-travel-to-canada-with-a-dui/

 

[canadianbear]

35 minutes ago, TAD2005 said:

A ban is still in effect after 30 years for a US citizen ?   Doesn't Canada understand that young people do stupid things and when they mature, they are totally different persons ?   There should be some kind of statute of limitation on felonies like DUI and minor drug charges.  30 years ago, you could be sentenced in the US to many years of hard time for a single marijuana cigarette.   So you would have a felony charge on your record.  Now, it appears that pot is being made legal across Canada.   Would a felony drug charge based on marijuana still be a factor in admission these days ?

He was told to see a lawyer if he wanted to come to Canada in the future-yup, 30 years ago his offence was committed.

 

How about why doesn’t the USA allow Canadians in their country if they admit to having smoked pot years ago?  

[Copper10-8]

1 hour ago, TAD2005 said:

A ban is still in effect after 30 years for a US citizen ?   Doesn't Canada understand that young people do stupid things and when they mature, they are totally different persons ?   There should be some kind of statute of limitation on felonies like DUI and minor drug charges.  30 years ago, you could be sentenced in the US to many years of hard time for a single marijuana cigarette.   So you would have a felony charge on your record.  Now, it appears that pot is being made legal across Canada.   Would a felony drug charge based on marijuana still be a factor in admission these days ?

 

 

Easy; it's called their country, their laws, and they, those laws, apply not just to U.S. citizens, but to all non-Canadians who endeavor to enter that fine country on our northern border! I say more power to them! They have an issue with people, and not just the young ones, by the way, having made the decision, at some time during their lives, to get behind the wheel of a motor vehicle when inebriated beyond a certain limit. A decision of which of there are multiple examples which have resulted in completely innocent lives being lost. So Canada happens to hold those individuals accountable for those decisions, even thirty years after the fact. What a concept!

 

As to your second point, both a DUI that did not result in a fatal accident, as well as a minor drug charge such as possesssion of less than one ounce (yes, now legal in many U.S. states), are not felonies! They are misdemeanors (DUI) and infractions (possession of/smoking a joint.) No one has been sentenced to many years of "hard time" for simple Marijuana possession. I happen to know because, as a young copper, I have confronted and written many infraction citations for individuals being in possession of Mary Jane and her friends. We're only starting to talk about felony Marijuana possession when we're talking possession for sale, etc. You are blowing things just a bit out of proportion

[billbunger]

A ban is still in effect after 30 years for a US citizen ? 

 

How arrogant can you be??? A US citizen is just that and no more, a citizen of the USA not Canada, Britain, Germany etc. There are a multitude of infractions that disallow Canadians, Germans, French etc from entry into the USA no matter how long ago the infraction was committed. As mentioned in another post if a Canadian citizen is asked at the US border if they have ever used cannibas at any time in their lives and respond in the affirmative they will be permanently barred from entering the USA.

Being a US citizen gives you no special privileges in other countries, but of course if you shout and yell at the top of your lungs that your an American citizen people who do not speak English will surely do what ever they are told.

 

 

 

 

[avian777]

On 7/27/2019 at 8:30 AM, dockman said:

Is there a problem for US citizen disembarking a ship then flying out of vancouver same day if u have an old police record?  Confusing info on the web.

 

 

 

FWIW I would not look to strangers on the internet for an answer to such an important question.  Consult a good international criminal law attorney and get the answers you need.  If you can't afford to hire an attorney, I suggest you contact your local Legal Aid Society for assistance.  Good luck!!!

Edited July 28, 2019 by avian777

[llbz327]

this is very interesting. i would like to know how they know how someone has a dui. just curious

[*Miss G*]

1 minute ago, llbz327 said:

this is very interesting. i would like to know how they know how someone has a dui. just curious

 

Canada and the US share criminal data records with each other.

[leerathje]

1 minute ago, llbz327 said:

this is very interesting. i would like to know how they know how someone has a dui. just curious

 

Your criminal record in the US is visible to Canad Border and Protection Agency.  Same as my criminal record (of which I do not have one!) is visible to US Border Agency.

[llbz327]

i also do not have one. just wondered. does this apply to other countries around the world. thank you for your reply. you learn something new every day

[TAD2005]

Wow !!  I meant no animus towards Canada or any country.  If you had a felony DUI (in some states, the first DUI with an elevated blood alcohol is counted as a low grade felony) and you have paid your debt to society, (fines, jail time) and you have successfully completed any parole ordered, and you have kept your nose clean since,  then your rights are restored, you now can vote, obtain a passport and get on with your life as a sadder but wiser person.   I still feel that both the US and Canada should establish a statute of limitations on specific felonies.   Holding someone responsible for a low grade felony after 30 years is detrimental to society, no matter if you are crossing the border heading north or south.   

[leerathje]

1 hour ago, TAD2005 said:

Wow !!  I meant no animus towards Canada or any country.  If you had a felony DUI (in some states, the first DUI with an elevated blood alcohol is counted as a low grade felony) and you have paid your debt to society, (fines, jail time) and you have successfully completed any parole ordered, and you have kept your nose clean since,  then your rights are restored, you now can vote, obtain a passport and get on with your life as a sadder but wiser person.   I still feel that both the US and Canada should establish a statute of limitations on specific felonies.   Holding someone responsible for a low grade felony after 30 years is detrimental to society, no matter if you are crossing the border heading north or south.   

 

We have something in Canada called a conditional sentence. Many years ago My friend, as a young man, had an assault charge for which he pled guilty  and received a conditional 1 year sentence. He kept his nose clean for a year, and his record was erased in Canada.  However, it was still visible to US Customs, and he was denied entry to the US.  Still is.

[Copper10-8]

3 hours ago, llbz327 said:

this is very interesting. i would like to know how they know how someone has a dui. just curious

 

 

All cruise line passenger lists are vetted by U.S. CBP (Customs & Border Protection) and, as stated, shared with CBSA (Canada Border Services Agency) if your ship has a Canadian port on her itinerary. Hence, the unwelcome surprise when you go on your merry way on a cruise with an arrest warrant behind your name, and you'll find CBP knocking on your cabin door as soon as your ship arrives at her final (U.S.) port (or CBSA doing the same in a Canadian port)

[Peckishpixie]

My poor husband just has the same name and birthdate as a person with a  record and it takes us an extra hour or two to clear customs to Canada. We travel with 3 forms of identification now so Hubby can verify it isn't him. Even with that document we have to wait forever. First, his name gets flagged while we are still sailing so when we get ready to disembark we are pulled to the side of the crowd and we wait until the Canadian officer comes down and meets us. This can take an hour. We have learned to use the bathroom and get some water before we walk down. Once the officer meets us he walks us up to a special room (a cozy all glass holding room) and then checks all the records. Once everything is clear we are free to go. I don't know if there is an extra step if you actually are the person who has a record, or if it matters what the record is for. It isn't exactly awful. Just be prepared for it. It takes time. 

[saskacruiser]

2 hours ago, leerathje said:

 

We have something in Canada called a conditional sentence. Many years ago My friend, as a young man, had an assault charge for which he pled guilty  and received a conditional 1 year sentence. He kept his nose clean for a year, and his record was erased in Canada.  However, it was still visible to US Customs, and he was denied entry to the US.  Still is.

 

This isn’t correct. A conditional sentence is a conviction but instead of jail, the sentence is served at home/in the community. http://lawfacts.ca/node/68. Unless you receive a Record Suspension (Pardon), that record will always be. You may mean Conditional Discharge, and if so, your friend can request a Destruction of Non-Conviction Information which can solve this. http://www.rcmp-grc.gc.ca/en/managing-criminal-records

 

[T8NCruise]

4 hours ago, Peckishpixie said:

My poor husband just has the same name and birthdate as a person with a  record and it takes us an extra hour or two to clear customs to Canada. We travel with 3 forms of identification now so Hubby can verify it isn't him. Even with that document we have to wait forever. First, his name gets flagged while we are still sailing so when we get ready to disembark we are pulled to the side of the crowd and we wait until the Canadian officer comes down and meets us. This can take an hour. We have learned to use the bathroom and get some water before we walk down. Once the officer meets us he walks us up to a special room (a cozy all glass holding room) and then checks all the records. Once everything is clear we are free to go. I don't know if there is an extra step if you actually are the person who has a record, or if it matters what the record is for. It isn't exactly awful. Just be prepared for it. It takes time. 

 

I have the same situation, same birthday plus the same name.  You have to go through a personal interview with Department of Homeland Security and the Commissionaire of the RCMP (in my case), eyeballs and fingerprints documented, and eventually you will receive a Redress number, and a letter confirming mis-identification, which you carry with you whenever you travel to/from Canada and to/from the US.  You will go through all checkpoints in seconds, both cruising and in airports.  A bit of hassle to begin with, having to do the interviews etc, but saves so much time with every journey.  You need to do it anyway, otherwise it will pop up all your life at various points and cause no end of complications.

[Randyk47]

15 hours ago, llbz327 said:

i also do not have one. just wondered. does this apply to other countries around the world. thank you for your reply. you learn something new every day

 

Apparently the US has agreements to share personal data with other countries besides just Canada though I don’t know how many or which ones.   Last year when we departed a cruise that ended in Dubai, UAE we had to go through a pretty thorough immigration process in the cruise terminal.    My wife and I got sorted to different lines and I cleared before her.  I could see the screen that the UAE immigration agent had in front of him.  Besides her passport picture and what looked like typical physical description there were two additional pages on his screen.   It was in Arabic so hard to tell what it was but my thought at the time was it was a lot more information than just what is on the chip embedded in our passports.  Obviously the US had shared at least the program software to read the embedded chip.  Turns out UAE and the US share data in an attempt to circumvent terrorists, drug smugglers, and other assorted undesirables.  

[grsnovi]

I had no idea this was a thing. I'm hoping that none of the rest of my party has had a DUI as we're supposed to be stopping in Victoria next Friday. It would seem that this would be a good "Know Before You Go" sort of question. We've been numerous times however I'm not sure what undisclosed situation may be lurking in the past of the rest of our party.

[Randyk47]

4 minutes ago, grsnovi said:

I had no idea this was a thing. I'm hoping that none of the rest of my party has had a DUI as we're supposed to be stopping in Victoria next Friday. It would seem that this would be a good "Know Before You Go" sort of question. We've been numerous times however I'm not sure what undisclosed situation may be lurking in the past of the rest of our party.

 

For sure things have changed over the years.  In the 70’s and 80’s I was living in the Seattle-Tacoma area and would often drive up to Vancouver or take ferry over to Victoria, BC.   I don’t remember anything more than maybe showing my driver’s license and answering a casual question along the lines of what was the purpose of my visit.  Back then I could be taking a date up to Canada for a weekend to a golf outing with friends to a fishing trip.   Never was an issue and never was asked for a passport.   Obviously that has changed post 9/11. 

[Oakman58]

30 minutes ago, grsnovi said:

I had no idea this was a thing. I'm hoping that none of the rest of my party has had a DUI as we're supposed to be stopping in Victoria next Friday. It would seem that this would be a good "Know Before You Go" sort of question. We've been numerous times however I'm not sure what undisclosed situation may be lurking in the past of the rest of our party.

 

I didn't know this was a thing either until a few years ago.  We are friends with a couple who flew to Mexico for an all-inclusive vacation.  The wife had a felony conviction but didn't have to serve anytime in jail.  When the plane landed in Mexico it was announced that everyone should remain seated as customs agents would be boarding the plane.  Those agents then took her and her husband off the plane to be interviewed.  After the interview they were put back on a plane to the U.S.  BTW, her husband was told he could stay in Mexico if he desired.

[broberts]

I don't believe this link has been provided previously, it provides guidance on dealing with potential inadmissibility, https://www.cbsa-asfc.gc.ca/travel-voyage/inadmissibility-interdiction-eng.html.

 

It should be noted that regardless of paperwork, pardons, etc. the examining border agent may deny entry. Of course that is true of anyone trying to enter the country.

[awhcruiser]

There is something that can be done to avoid all this mess in the first place!  Just sayin

[Randyk47]

13 minutes ago, broberts said:

I don't believe this link has been provided previously, it provides guidance on dealing with potential inadmissibility, https://www.cbsa-asfc.gc.ca/travel-voyage/inadmissibility-interdiction-eng.html.

 

It should be noted that regardless of paperwork, pardons, etc. the examining border agent may deny entry. Of course that is true of anyone trying to enter the country.

 

While I assume other countries have the same or similar restrictions that’s the first time I’ve actually seen it on an official website.   Eye opening to say the least.

[RobTheGob]

On 7/28/2019 at 3:29 PM, TAD2005 said:

Holding someone responsible for a low grade felony after 30 years is detrimental to society, no matter if you are crossing the border heading north or south.   

 

Speaking as a Canadian - I personally don’t consider a DUI conviction a “low grade” felony... I consider it a VERY serious offence.

 

If the conviction happened long enough in the past - I’m fine with a person legally cleaning it up, so they can visit my country. But I don’t want them them to skip that process or for it to happen “automatically”...

[Peckishpixie]

22 hours ago, T8NCruise said:

 

I have the same situation, same birthday plus the same name.  You have to go through a personal interview with Department of Homeland Security and the Commissionaire of the RCMP (in my case), eyeballs and fingerprints documented, and eventually you will receive a Redress number, and a letter confirming mis-identification, which you carry with you whenever you travel to/from Canada and to/from the US.  You will go through all checkpoints in seconds, both cruising and in airports.  A bit of hassle to begin with, having to do the interviews etc, but saves so much time with every journey.  You need to do it anyway, otherwise it will pop up all your life at various points and cause no end of complications.

Actually, we went through all that, but then the guy with my husbands name was arrested again, so it had to happen again. 

[TiogaCruiser]

Just now, Peckishpixie said:

Actually, we went through all that, but then the guy with my husbands name was arrested again, so it had to happen again. 

😧😳