Police Record Canada Travel

[settingsail0219]

OK. So Canada Border Services was finally called to get the scoop. If there is a question of inadmissibility you will be spoken to upon arrival in Vancouver. You would be allowed to cruise from Alaska to Vancouver (would not be blocked from boarding the ship). Just thought I'd share what we found out.

 

super old post, but can anyone attest to this?

[6rugrats]

super old post, but can anyone attest to this?

I don't believe this to be true. I have read all your other posts on this subject. This person needs to clear this up now. They can be denied boarding. Do not trust what cruise line reps tell you on the phone. They are not immigration officials. CBSA has told you what could happen.

 

From this webpage:

 

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1082.html

 

Please Note: Anyone with a criminal record (including misdemeanors or alcohol-related driving offenses) may not be able to enter Canada without first obtaining a special waiver well in advance of any planned travel. To determine whether you may be inadmissible and how to overcome this finding, please refer to the Canadian citizenship and immigration website

 

Did you read this:

 

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#overview

[settingsail0219]

I don't believe this to be true. I have read all your other posts on this subject. This person needs to clear this up now. They can be denied boarding. Do not trust what cruise line reps tell you on the phone. They are not immigration officials. CBSA has told you what could happen.

 

From this webpage:

 

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1082.html

 

Please Note: Anyone with a criminal record (including misdemeanors or alcohol-related driving offenses) may not be able to enter Canada without first obtaining a special waiver well in advance of any planned travel. To determine whether you may be inadmissible and how to overcome this finding, please refer to the Canadian citizenship and immigration website

 

Did you read this:

 

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#overview

 

thank you for your reply. however, CBSA told me they have nothing to do with who gets on in SF, only with who tries to get off in canada (in which case there will be problems). while princess told me the cruiseline has nothing to do with who boards in SF with regards to past records, and that canadian border patrol will be at the departing dock to decide to boards in SF. so there is definitely a bit of confusion.

[fann1sh]

As a Canadian lawyer, I know Canadian Border Services Agency officers have quite a lot of discretion. And, they don't hesitate to use it. So:

 

Recent offense + something that's a felony on both sides of the border? Gonna get you tossed, no foolin'.

 

Very old drunk driving conviction? Not so much. Agent will likely blink and look away.

 

Just depends.

 

Maddeningly imprecise for a traveller. But, Canada has a long tradition of letting the guy on the ground make the call (Google "Sam Steele").

 

So, I suggest you don't lay out your hard earned cash, then rely on a travel board. **Get a real legal opinion from an immigration lawyer** on whether you, in your circumstances, are apt to need a waiver.

 

EDIT: settingsail, can you clarify your itinerary? Board in SF - what ship, what Canadian ports? How soon you sail?

[settingsail0219]

As a Canadian lawyer, I agree with 6rugrats.

 

However, Canadian Border Services Agency officers have quite a lot of discretion. And, they don't hesitate to use it. So:

 

Recent offense + something that's a felony on both sides of the border? Gonna get you tossed, no foolin'.

 

Very old drunk driving conviction? Not so much. Agent will likely blink and look away.

 

Just depends.

 

Maddeningly imprecise for a traveller. But, Canada has a long tradition of letting the guy on the ground make the call (Google "Sam Steele").

 

So, I suggest you don't lay out your hard earned cash, then rely on a travel board. **Get a real legal opinion from an immigration lawyer** on whether you, in your circumstances, are apt to need a waiver.

 

it is a recent offense, however it is considered an infraction in the US, and a misdemeanor in canada. the main concern is being able to board at all in SF, and staying on the boat when it docks in canada to avoid conflict.

[njhorseman]

As a Canadian lawyer, I agree with 6rugrats.

 

However, Canadian Border Services Agency officers have quite a lot of discretion. And, they don't hesitate to use it. So:

 

Recent offense + something that's a felony on both sides of the border? Gonna get you tossed, no foolin'.

 

Very old drunk driving conviction? Not so much. Agent will likely blink and look away.

 

Just depends.

 

Maddeningly imprecise for a traveller. But, Canada has a long tradition of letting the guy on the ground make the call (Google "Sam Steele").

 

So, I suggest you don't lay out your hard earned cash, then rely on a travel board. **Get a real legal opinion from an immigration lawyer** on whether you, in your circumstances, are apt to need a waiver.

 

But the point is that it's the CBSA officer that will make the call when you try to disembark in Canada, not the cruise line or US CBP when you attempt to embark the ship in the US. The cruise line won't know about your prior conviction and US CBP won't care as long as there's no active warrant.

 

This isn't the same as not having the proper documentation (passport, visa, etc.) for travel, which will cause a denial of boarding on embarkation day.

[settingsail0219]

sea princess, starts and ends in san francisco, ca. 10 day cruise to alaska. makes last stop in victoria, bc for a day.

[fann1sh]

If it's recent, you need a real legal opinion.

 

CBSA doesn't have agents on the ground in SF. Not their jurisdiction. "Denied boarding" will be a cruise line decision, no matter what kind of bottom shuffle they're handing you. CBSA will tell them in advance the ship will have problems in Canadian waters, due to pax X, if they board. Pax X will then be bounced to avoid other pax being inconvenienced. While details of security are, well, SECURE, you can bet pax lists are provided to countries in advance, before a ship visits.

 

(But, I will say *in my experience* that CBSA is usually blind deaf and dumb for that obligatory PVSA Victoria stop.)

 

NJHorseman is right that CBSA is only likely to exercise itself for active warrants, and hot button offenders. (ie., if the offense was plead down to a misdemeanor but otherwise damn serious.)

[settingsail0219]

But the point is that it's the CBSA officer that will make the call when you try to disembark in Canada, not the cruise line or US CBP when you attempt to embark the ship in the US. The cruise line won't know about your prior conviction and US CBP won't care as long as there's no active warrant.

 

This isn't the same as not having the proper documentation (passport, visa, etc.) for travel, which will cause a denial of boarding on embarkation day.

 

my worry is that they will make the call before the ship even leaves. but your logic makes sense.

[settingsail0219]

If it's recent, you need a real legal opinion.

 

CBSA doesn't have agents on the ground in SF. Not their jurisdiction. "Denied boarding" will be a cruise line decision, no matter what kind of bottom shuffle they're handing you. CBSA will tell them in advance the ship will have problems in Canadian waters, due to pax X, if they board. Pax X will then be bounced to avoid other pax being inconvenienced.

 

(But, I will say *in my experience* that CBSA is usually blind deaf and dumb for that obligatory PVSA Victoria stop.)

 

well 3 years recent. thank you very much for your input though! will definitely update on the situation.

[fann1sh]

Please don't come back and complain later I said "it would be OK".

 

I'm not saying that.

 

You can't give enough detail in this public setting for a real opinion.

 

When the offense is recent (yup, in most cases, 3 years = recent) you should always see an immigration lawyer experienced with waivers.

 

Rolling the dice at boarding? Limited appeal.

 

BTW, my experience as a lawyer is/was family law. My knowledge of waivers and denied entry? My vast assortment of friends and family who can't keep themselves out of trouble, no matter which side of the border they live on.

[fann1sh]

And - general interest?

 

Yeah, you actually can get bounced and continue to have trouble crossing the U.S. Canada border simply if you mouth off and p*ss off the border agent. Either flavo(u)r.

 

No actual conviction is required.

 

Why I know this? See above.

[settingsail0219]

lol will keep that in mind

[njhorseman]

If it's recent, you need a real legal opinion.

 

CBSA doesn't have agents on the ground in SF. Not their jurisdiction. "Denied boarding" will be a cruise line decision, no matter what kind of bottom shuffle they're handing you. CBSA will tell them in advance the ship will have problems in Canadian waters, due to pax X, if they board. Pax X will then be bounced to avoid other pax being inconvenienced. While details of security are, well, SECURE, you can bet pax lists are provided to countries in advance, before a ship visits.

 

(But, I will say *in my experience* that CBSA is usually blind deaf and dumb for that obligatory PVSA Victoria stop.)

 

NJHorseman is right that CBSA is only likely to exercise itself for active warrants, and hot button offenders. (ie., if the offense was plead down to a misdemeanor but otherwise damn serious.)

 

No, CBSA will not tell the cruise line in advance about potental problems with pax X, because there is currently no law or regulation requiring cruise lines to submit a detailed passenger manifest in advance.

 

I suggest you read this study, completed about a year ago, and published on CBSA's web site::

 

http://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/ae-ve/2011/cpv-dncp-eng.html

 

Here's a sample of the information in the report you should pay attention to (It's early in the report under "Summary of Findings and Recommendations"):

 

The CBSA does not have a commercial passenger vessels targeting program and has no legislative authority to require cruise, ferry and tour operators to provide the CBSA with Advance Personal Information/Passenger Name Record (API/PNR). Some advance information is provided voluntarily by cruise ship operators; however, because it is not a legislative requirement, the information is not always received. When it is received, it is not always timely, complete or in a useable format. Furthermore, with each region doing their own targeting of passengers and crew, there is duplication of effort as targeting results are not communicated to staff at subsequent ports. In addition, only a portion of cruise ship passengers and crew are screened prior to arrival at any one port. As of April 1, 2010, a new functional authority for targeting was created to consolidate targeting activities within the CBSA. The CBSA is currently pursuing the expansion of API/PNR in the marine and rail modes of transportation.

 

Another item of interest is the fact that all passengers are not even screened at a ship's first port of call in Canada, which sometimes results in inadmissible individuals being admitted to Canada:

 

Cruise ships of more than 250 passengers and crew are not fully cleared at their first point of arrival.[5] BSOs may clear individuals from an immigration perspective by interviewing some passengers and crew based on pre-arrival information upon arrival. Customs clearance, on the other hand, takes place when passengers (and some crew) disembark. This process creates ambiguities as to the extent of the CBSA's authority when the cruise ship proceeds inland to other ports – especially when pre-arrival targeting conducted prior to the next port of call finds inadmissible individuals who have already been admitted to Canada.

[settingsail0219]

wow thanks for the info njhorseman! this has answered a lot of my questions. will definitely go through the report.

[Travelcat2]

While I an not aware if all of the legal language that has been posted, we live 22 miles from the Canadian border and are aware of people being denied entry entry into Canada for a DUI's going back longer than 10 years (trying to enter via automobile or plane). The law is definitely fuzzy. A relative was denied entry due to DUI 8 years ago but was given a temporary entry card after paying $200 cash. If Canada is simply one port stop, I would not worry as the worst that can happen is that you will have to stay on the ship. However, if you are arriving in Canada via plane, I would definitely be concerned.

[fann1sh]

Thanks njhorseman. As already noted, NOT an immigration law expert, just my family/friend's "go to" gal when it's 3 a.m. and there's trouble. :eek: It's that "she's a lawyer" thing. :rolleyes:

 

However, with that said - as your red, highlighted text indicates - there is voluntary co-operation. And, it has resulted in at least one denied boarding I know about (but maybe shouldn't).

 

Since I can't back any of this up with facts, feel free to dismiss this as hot air. Lots of that here.

 

Travelcat2, we should find a cyber bar, and swap "denied entry" stories over a virtual drink or 2.