Entering Canada With A Criminal Record

[karen sharpe]

That's okay Ladycaveat lawyers are human too!!:p:p

[Ephraim]

If you want to test if your secretary is really a Montrealer, or just from the suburbs.... ask her this: What do Montrealer's wear outisde on their feet in the winter? If she says boots, she's from the suburbs. If she says shoes, she's from the city. (I don't even own a pair of winter boots).

 

You know, I have a feeling that the folks from Canada thought I was somehow picking on them when I said I couldn't believe Canada wouldn't let someone in their country because they had a misdemeanor. Believe me . . . that is not the case . . . the OP could have said the US, England, Mexico or anywhere in the world and I would responed the same way. I love Canada, I love the people from Canada . . . my secretary is from Montreal. Please don't think I was picking on Canada.

 

This is what I get for taking a day off from work (the painters are painting upstairs . . . I'm getting ready to put my house on the market). I "play" on the computer and make everyone mad at me . . . :(

[jstpshe]

If Canadian customs/immigration doesn't even want you at one of the ports of calls (if they fell you shouldn't be there) even if you stay on the ship then I guess there will be a whole lot of us not cruising b/c any ship you get on to Alaska is going to be hitting Canada at some point.

 

I guess now I have to find somewhere else to cruise! ;(

 

CJ :) :)

[Laurab23]

Is there no time frame for the offense? If my DH had a DUI 20 years ago will he still be refused admittance into Canada?

[Wilbo]

You can apply for a special entry permit. Process takes many months and costs vary.

Contact Cdn Embassy.

Don't enter without premit unless you want to stay at Jail House Hotel. Menu is very limited and no private rooms.

[stbk1998]

Is there no time frame for the offense? If my DH had a DUI 20 years ago will he still be refused admittance into Canada?

 

 

Read this article from SF Gate. People with convictions (misdemeanors, not felonies) from the 70s are denied entry to Canada.

 

http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/02/23/MNGCAO9NSB1.DTL

 

People with criminal records can enter Canada with special permits; however, there are certain criterias that the individual has to meet. Here's more info:

 

http://www.cic.gc.ca/english/visit/conviction.html

[PurpleCow]

So if PurpleBull had a DUI conviction in 1981, entered a residential hospital based 6 week rehabilition program and has been sober ever since, we're going to have a problem going from the ship to the airport in Vancouver? How does one find out just what is on one's record?

[maitlandcruisers]

In this country misdemeanors cover a whole array of "criminal" acts, from resisting arrest at a protest to DUI. The thing with Canadian law is it doesn't matter if it's "not that serious" here, it depends on how serious the Canadians consider the offense. My offense is for harassment and annoyance and I don't know how serious such offenses are in Canada; however, a DUI in this country may be a misdemeanor, but it is a serious serious offense in Canada (it's considered a felony there).

 

Too confuse matters more Dui in Canada is actually a Hybrid offence for the first two offences then it is Felony. There are many aother Hybrid offences. A hybrid offence is an offence that may be prosecuted in Canada either by way of indictment or summary conviction.

 

A conviction for an act outside Canada that is equivalent to a hybrid offence in Canada will be considered an indictable offence for Canada immigration purposes. Even if the conviction was a summary conviction in the location where it occurred, it will still be considered an indictable offence by Citizenship and Immigration Canada (CIC) as long as the offence is equivalent to a hybrid offence in Canada.

[Laurab23]

Ok so how do they check this out? When I've gone to Canada in my car they just look at my passport,ask me a couple of questions and I'm on my way. There is more involved now? That must really slow things up at the border.

[Ephraim]

It is always up to the discretion of the border guard. Usually entering your name or your licence plate is enough to bring up any records. The records are directly from Homeland Security.

 

For most people, it's about 30 seconds and you are done. (Longer if you are going from Canada into the US.)

[BobBeaSea]

Ok so how do they check this out? When I've gone to Canada in my car they just look at my passport,ask me a couple of questions and I'm on my way. There is more involved now? That must really slow things up at the border.

 

This is a classic case of something getting blown out of proportion. In the latest interview with Canadian Customs & Immigration officials, the official story is the number of Americans being turned away OR having problems at the border is the same as usual. Border traffic is proceeding as it normally does.

[maitlandcruisers]

This is a classic case of something getting blown out of proportion. In the latest interview with Canadian Customs & Immigration officials, the official story is the number of Americans being turned away OR having problems at the border is the same as usual. Border traffic is proceeding as it normally does.

 

Do you have a link to this interview. Just everything seems to be hearsay.

[BobBeaSea]

Do you have a link to this interview. Just everything seems to be hearsay.

 

Scroll down about three quarters for the quote. Bear in mind that things MIGHT pick up a bit. I say might because it is not automatic that those with a past will be refused entry.

http://www.mapinc.org/drugnews/v07/n232/a06.html?999

[Ephraim]

Travel Weekly also had an article with quotes from many different sources, including Holland-America saying that they have seen no changes.

 

You need to register (free) to see the entire article

 

 

He added that a program of increased cooperation with U.S. Homeland Security, known as the Smart Border Action Plan, was instituted in 2002. As part of that arrangement, the agency adopted a system called the Advance Passenger Information/Passenger Name Record program, which "collects and analyzes information on air travelers destined for Canada in order to identify persons who may pose a safety and security risk."

But he said that the agency's statistics show "no noticeable difference" in the number of people being refused entry. U.S. tourism professionals said the same thing.

"I've never heard of anybody who has not been allowed to enter because of a DUI," said John Severini, president of Trafalgar Tours. "We have a very big program to Canada and I have not had that situation come up. You would think we would have heard."

Likewise, John Stachnik, president of Chicago-based Mayflower Tours, which has operated tours to Canada for 28 years, said, "I have never heard of that happening."

Eric Elvejord, a spokesman for Holland America Line, said he had also not heard of any incidents of Holland America passengers being turned back for past offenses.

James Santini, the legislative counsel of the National Tour Association, told Travel Weekly that he has heard of some incidents in which the laws had caused problems for participants of packaged tours.

But he added, "It's been such an infrequent occurrence that it hasn't represented a serious problem for tour operators. I know of no instance in the last 10 years."

Richard Webster, vice president of government affairs for the Travel Industry Association, told Travel Weekly that he has not seen a change, either.

[maitlandcruisers]

Thanks very much!

[MrMike1876]

So did you take the cruise? Did you have any problems? I am supposed to go on a cruise with a friend who has a record - i just want to make sure we don't have any problems.

 

Did the canadian consulate ever respond?

 

please advise.

[oahurose]

Has anyone ever been denied entrance to Canada from a Cruise Ship? Has anyone ever heard of a family member or someone on Ship being denied entrance to Canada?

 

Also, what is the screening process when leaving the ship and entering Canada. Is everyone screened onboard the ship prior to debarking? Do you leave the ship and then go through Canadian Customs.

 

Sorry if these question have been asked and answered before. I would think that if this is a big problem for people on cruise ships, the cruise lines and people would being posting their experiences. I'm sure there are a small percentage of cruisers that have had things happen to them or family members when they were young?

[nyllrap]

I just returned from an Alaskan cruise. We flew into Seattle and took the Quick Shuttle to Vancouver. We also rented a car in Skagway to take a drive on the Klondike Highway, which entailed crossing into Canada.

I had a misdeameanor conviction 30 years ago, so I was a bit concerned.

However, we encountered no problems. The border agents did not even ask if we had any criminal convictions. I don't know if this was typical or not, but no one on the buses we took had any problems either.

[krisdamom]

Dear folks,

As I will be traveling to Canada in a few months for a cruise & am close to someone this info might apply to, I have gone to the Travel Weekly article referred to by 'Ephraim'. I am pasting the article to hopefully ally some anxiety.

 

Industry execs question report of Canadian crackdown (03/05/2007)

By David CogswellIs Canada cracking down and refusing entry to Americans who have minor infractions on their records, such as old DUI raps?

The answer is yes, according to a recent article in the San Francisco Chronicle, but Travel Weekly reporting does not bear that out.

The Feb. 23 Chronicle report cited examples of people who had been turned back for a seven-year-old DUI conviction or a marijuana possession conviction in 1975.

If you ever got "nabbed for a DUI" or shoplifting, the article said, "turn around. You aren't getting in."

So far, however, U.S. travel officials contacted by Travel Weekly haven't seen any dragnet, and Chris Williams, a spokesperson for the Canada Border Services Agency, told Travel Weekly that the rules of entry have been in place 20 years, and that the protocol for enforcement has not changed.

"It's on a case-by-case basis," said Williams. "If there is reason to believe there is a problem, a check can be run. There is no overall procedure. We tell visitors the burden of proof is on them to prove their admissibility. But the rules and procedures have remained the same."

The Canadian Consulate's Web site states that visitors are "inadmissible" if they have been convicted of "minor offenses" such as "shoplifting, theft, assault, dangerous driving, unauthorized possession of a firearm, possession of illegal substances, etc."

Those who have received traffic violations such as parking and speeding tickets "and other minor violations (i.e. littering, etc.) most likely will not be prohibited from entering Canada," the site says. The same is true for people who were convicted of crimes committed while under age 18.

Williams said the agency uses "a variety of different tools to screen visitors prior to entering Canada."

Data sharing with DHS

He added that a program of increased cooperation with U.S. Homeland Security, known as the Smart Border Action Plan, was instituted in 2002. As part of that arrangement, the agency adopted a system called the Advance Passenger Information/Passenger Name Record program, which "collects and analyzes information on air travelers destined for Canada in order to identify persons who may pose a safety and security risk."

But he said that the agency's statistics show "no noticeable difference" in the number of people being refused entry. U.S. tourism professionals said the same thing.

"I've never heard of anybody who has not been allowed to enter because of a DUI," said John Severini, president of Trafalgar Tours. "We have a very big program to Canada and I have not had that situation come up. You would think we would have heard."

Likewise, John Stachnik, president of Chicago-based Mayflower Tours, which has operated tours to Canada for 28 years, said, "I have never heard of that happening."

Eric Elvejord, a spokesman for Holland America Line, said he had also not heard of any incidents of Holland America passengers being turned back for past offenses.

James Santini, the legislative counsel of the National Tour Association, told Travel Weekly that he has heard of some incidents in which the laws had caused problems for participants of packaged tours.

But he added, "It's been such an infrequent occurrence that it hasn't represented a serious problem for tour operators. I know of no instance in the last 10 years."

Richard Webster, vice president of government affairs for the Travel Industry Association, told Travel Weekly that he has not seen a change, either.

"I do not believe that there has been any stepped-up enforcement," he said.

For those with convictions on their record who fear they could be denied entry, Canada's immigration authority, Citizenship and Immigration Canada, provides ways to overcome the problem. Immigration officers at the port of entry have the authority to clear a person for entry if they are convinced the person is rehabilitated.

Also, visitors with a record can apply to a Canadian visa office and pay a processing fee to be deemed rehabilitated. Applications can be downloaded at the CIC Web site, http://www.cic.gc.ca/english/applications/rehabil.html.

To contact reporter David Cogswell, send e-mail to dcogswell@travelweekly.com.

Michael Milligan contributed to this report.

[hcat]

Does anyone know if any other countries (Europe) are parties to this info exchange?

[Ephraim]

From what I understand, when you fly, Interpol does receive advance information. But that is all that I heard from someone within one of the police departments. Full exchange is not yet available, but with the latest push that the Bush administration has made it can't be far away. In fact, the Bush administration is currently pushing through a requirement for Europeans to register 48 hours in advance. Europe in that case would retaliate and all Americans would need to preregister 48 hours ahead of time to go to Europe.

 

To quote Benjamin Franklin... "Anyone who trades liberty for security deserves neither liberty nor security."

[hcat]

Thanks for the info--hard to imagine thousands of people confined to their home countries due to petty charges yrs in the past--but I guess it may well come to that....

[oahurose]

Because one of the members of our party had a conviction 14 years ago, I thought I'd post our experiences entering Canada by Cruise Ship. Our ship (Spirit) recently arrived in Halifax at 7:00am. The ship was cleared by Canadian officials by 7:30am.

 

Our party then left the ship and we entered Canada and walked past one Official, who did not check any ID's, Passports or ask any questions of the people going into Canada.

 

ALL THAT WORRY FOR NOTHING.........

 

Another note about coming back into the United States at the end of our cruise. We filled out and signed the required immigration and custom's form, which you declare all purchases from the cruise. When passing through customs, officials only collected the form (one per household). The official said he only needed the form and didn't need to see ID's, or check any of our luggage or carry bags.

[Ephraim]

Because one of the members of our party had a conviction 14 years ago, I thought I'd post our experiences entering Canada by Cruise Ship. Our ship (Spirit) recently arrived in Halifax at 7:00am. The ship was cleared by Canadian officials by 7:30am.

 

Our party then left the ship and we entered Canada and walked past one Official, who did not check any ID's, Passports or ask any questions of the people going into Canada.

 

ALL THAT WORRY FOR NOTHING.........

 

Another note about coming back into the United States at the end of our cruise. We filled out and signed the required immigration and custom's form, which you declare all purchases from the cruise. When passing through customs, officials only collected the form (one per household). The official said he only needed the form and didn't need to see ID's, or check any of our luggage or carry bags.

 

When it comes to Vancouver, you need to separate the immigration from the customs procedure.

 

If you are using US Direct, you go straight from the airport to the cruise ship and are essentially in quarantine the whole time. There is no need to do immigration, since you were in the US and are going on a ship that is already cleared.

 

If you are not using US direct, you go through US immigration (but not customs) at the cruise port. You are cleared for US entry at that point and Canadians as well as Americans are separated from those who are International. When you end your trip in the US you go through US customs ONLY. Therefore no ID is needed, just your declaration form.

[hndmn4wf]

When it comes to Vancouver, you need to separate the immigration from the customs procedure.

 

If you are using US Direct, you go straight from the airport to the cruise ship and are essentially in quarantine the whole time. There is no need to do immigration, since you were in the US and are going on a ship that is already cleared.

 

If you are not using US direct, you go through US immigration (but not customs) at the cruise port. You are cleared for US entry at that point and Canadians as well as Americans are separated from those who are International. When you end your trip in the US you go through US customs ONLY. Therefore no ID is needed, just your declaration form.

 

 

 

Are you trying to say that my wife and I probably won't be denied getting on the ship b/c of past DUI if we arrive that same day of cruise and use US Direct? I thought they scan your passports and if they find anything they make you book another flight outta there?:eek:

 

Boy I hope so. I'm so confused about all of this, I guess that happens when you get old!:rolleyes:

 

I sure would love to take her on this 14 night Ultimate surprise cruise!

We've never been to Alaska and that seems to be all she talks about. of course I'm glad I did'nt say, Hey honey guess where were going, b/c then I might've had to say were not then I'd really be in the Doghouse.:(

 

Oh will this ever get figured out?:mad:

 

Hey did'nt you just come back from the Ulitmate? How was it?

I hope you had a great time!:)

 

Thanks for all the help you can give me.