No matter the type of criminal record or violation, traffic violations can constitute grounds for denial to enter Canada, regardless of whether it is a misdemeanour or felony. A person could be denied entry to Canada if he or she attempts to enter the country while considered inadmissible due to criminality. Criminal records affect a person’s admissibility for crossing the border under the equivalent Canadian law.
The Most Common Traffic Offences
Here are some of the most common misdemeanour traffic offences:
- drunk driving (DUI/DWI)
- driving without insurance
- speeding over 30 mph over the speed limit
- driving recklessly
- evading the police or fleeing
- street racing or drag racing
- leaving an accident scene
- driving while your license is suspended or revoked
Traffic felony offences most commonly committed include:
- repeat occurrence of (DUI/DWI) drunk driving convictions
- incidents of hit and run
- vehicle-related homicide
Do Misdemeanour Offences Prevent Me From Entering Canada?
Misdemeanors will most likely make you inadmissible into Canada. A person can only cross the border into Canada without a substantial risk of being denied admission by obtaining a Criminal Rehabilitation or a Temporary Resident Permit (TRP). Criminal Rehabilitation is a permanent solution that allows an individual to cross the border for the rest of their lives. A Canada TRP can only be used for a specific period of time, to allow an individual to cross the border for a specified amount of time.
Driving-related offences, such as DUIs, are now considered major criminal offences in Canada as of December 2018. A traffic offence in Canada that equates to intoxicated driving can now lead to a permanent ban on entry, regardless of whether it leads to a criminal conviction. A single conviction for any alcohol-related driving offence such as a DWI, DUI, DWAI, OVI, or OWI can lead to your exclusion from Canada.
Can I Be Denied Entry Over a Speeding Ticket?
In Canada, most speeding tickets aren’t as serious as those issued in the United States. In the event that you receive a “regular” speeding ticket, the incident will not cause you any problems in entering Canada. The incident might pose a problem at the Canadian border if a United State citizen gets caught driving at a significantly high speed. In Canada, a dangerous operation can be defined as driving too fast or aggressively in a manner that causes harm to others or is likely to do so. This is a serious crime punishable by up to ten years in prison. An offender in this situation can be refused entrance by border authorities because of inadmissibility under Canadian law.
Permanent Solution to Gain Entry into Canada
The Canadian border can be crossed despite past misdemeanour convictions in several ways. It may be possible for you to be permitted entry with a valid reason if these elements are established and compared with Canadian punishments for similar crimes.
It is important to consider the following factors when deciding the best course of action:
- Crime(s) committed and their severity.
- Offence(s) committed and their nature.
- The date that the sentencing for the offence(s) was rendered.
Applicants from the United States or foreign countries can obtain entry to Canada by overcoming their past criminal record or offences through one of the following routes:
Criminal Rehabilitation
You have a new option for DUI Canada entry if 5 years have passed since you completed your sentence and paid all fines. This is a more permanent solution, however, may take a longer period of time. It is possible to permanently resolve criminal inadmissibility issues through this process.
Temporary Resident Permit (TRP)
There is no wait period for this waiver however, it helps if all aspects of the sentence are complete.
Deemed Rehabilitation
You may be able to enter Canada without undergoing rehabilitation if your criminal conviction and sentence were resolved over ten years ago and it was for a minor criminal offence.
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