Being allowed to enter another country, such as Canada, is a privilege rather than a right. Travelers can be denied entry for various reasons. Whether someone will be allowed to enter can never be guaranteed beforehand.
These days, the backgrounds of individuals that want to cross into the country are being checked thoroughly. Officials on both sides of the border, the United States and Canada, are jointly sharing this information. Past offenses, including DUI offenses (driving under the influence) will quickly be revealed.
Not all offenses in a traveler’s past will pose a problem entering into Canada. A person might have a record of minor offenses such as false parking which will in all likelihood not be a reason for concern.
On the other hand, the following offenses could cause exclusion to enter Canada:
- DUI or DWI – Driving under the influence and driving while under the influence. It should be worth to note that it will not a play a role whether the vehicle was involved in an accident.
- Misdemeanor drug possession.
- Theft or shoplifting.
- Negligent driving.
- Domestic violence.
The problem here is that some people that want to go to Canada might assume that an offense on their record might not cause an issue, based on their own, subjective judgment. For example, a DUI offense normally does not pose a major problem in the United States and might be seen as being a minor offense. Sometimes, the offense might have occurred many years back and the traveler could even have forgotten about it.
This can result in a rather unpleasant surprise at the Canadian border: The traveler will not be allowed to enter the country.
Amongst those things which can quickly backfire is if travelers try to hide their criminal record from border officials. In a best case scenario you might have luck and being admitted this time, in a worst case scenario you could be denied admission to Canada for many years to come. Due to increased border security and ever more stringent background checks, likelihood is that every offense will be revealed. Attempting to hide them is not a smart thing to do.
The best way to go about entering Canada with such an offense will be to seek the advice of an experienced immigration lawyer. The reason for this is that the procedure to gain entry to Canada with a certain criminal background can be anything but easy and straight-forward. The procedure requires a good understanding of immigration law and a lot of documents that need to be submitted correctly.
The Canadian Immigration Act states that “No immigrant, no visitor shall be granted admission if the immigrant or visitor is a member of any of the following classes:”
“A person that has been convicted in Canada of an indictable offense, one that they may be prosecuted by indictment, or one in which is punishable under any Act of Parliament by a maximum imprisonment of 10 years or less. This is other than an offense that is designated a contravention under the Contraventions Act; (a.) anyone who there could be reasonable grounds to believe they were convicted of an offense outside of Canada. Offenses that might be punishable, if by indictment under any Act of Parliament, by a maximum term of imprisonment that is less than ten years. An act or omission that occurred outside of Canada, but that would constitute an offense punishable by indictment, under any Act of Parliament, with a maximum sentence of imprisonment for less than ten years.”
If a person that has a a criminal record wants to go to Canada, a competent immigration lawyer is strongly suggested. The lawyer can increase the chances for a successful admission to Canada significantly.