Crossing the Canadian border can be a fickle process. While most formalities at the border simply slow you down, some people are caught off guard. What many American citizens don’t know, and may find surprising, is that the Canadian border will very likely turn them away for a minor DUI charge.
Under Canada’s Immigration and Refugee Protection Act, anyone is inadmissible to Canada for US charges that, should they have been charged under the Canadian Act of Parliament, would be punishable to a maximum term of imprisonment for at least 10 years. That means the Canadian border can turn away people with indictable offenses such as fraud, assault or criminal mischief, but also those charged with impaired driving.
It doesn’t matter if the charge is a minor misdemeanor or a serious felony. Even if you have no intention of driving in Canada and you’re in the passenger seat or travelling by boat or plane, the border officers have complete and utter discretion whether or not they deny or allow entry. Even government officials or special guests attending major Canadian events can be denied access if they have a DUI, and just like everyone else, they can be denied at any given point. Even the smallest of criminal records can affect how you travel, work and socialize, which can have negative impact on your well being.
What can you do?
As an American citizen, there are a number of proactive ways to avoid being denied entry to Canada for a DUI. Here are some best practices on how to travel to Canada or gain permanent admissibility.
Temporary Resident Permit (TRP)
A TRP is a great opportunity if you’re looking to travel for a specific trip. You can apply within the first 5 years after your sentence is complete, and is a very helpful solution for those who aren’t yet eligible to apply for record suspension. In order to be granted a TRP your trip must be justified, such as for an emergency or work purpose. If your application is deemed strong enough, the TRP can be eligible for up to 3 years with no reapplication. Remember to apply well in advance of your planned travel date!
Criminal Rehabilitation (CR)
Criminal Rehabilitation can be applied for 5 years after your sentence is complete and takes 9 months to a year to process, which then removes the DUI from your record entirely. A TRP is has a much quicker application, so many people apply to both a TRP and CR at the same time, saving resources and time. If 10 years have passed since your sentence, you are eligible for Deemed Rehabilitation, which requires an assessment to ensure that you are qualified. However it is important to know that if you have more than one DUI conviction you may still be deemed inadmissible and require a TRP or CR.
In any case, it is highly recommended that you apply for a CR or TRP for explanation at the border. Even if you’ve been rehabilitated due to time passing and have a clear record, crossing the border can cause a major headache so it’s better to be safe than sorry.
Avoid lying or bypassing the border system, not only are denied admissions updated immediately, but second crossing attempts and lying can result in being banned for life. You also put any travel partners at risk of criminal charges if they know you are inadmissible and try to hide it. Being turned away from the border is an understandable setback, but it’s important to cooperate if you do find yourself in that situation. While this might seem obvious, cooperation can make your border experience run a lot smoother.
Pardon Services Canada offers legal help with Canadian border waivers, so that you can travel with ease and lead your life worry free.