Legal Corner

Barred from Canada?
octovert 2711 reads
posted

Recently I saw an ad for somone who helps people who can't enter Canada because they were convicted of something, DUI in particular. What I wonder is: what if the conviction was P4P-related in a place like IL or AZ? Since P4P is a lot more legal in Canada, would that count against someone trying to go there

ActualLawyer919 reads

...the only thing the Canadians care about is DUI offenses. But "criminality" is a reason to be denied entry into Canada, so there are theoretically other reasons you could be excluded. However, they would determine criminality based on their own legal system, so I can't imagine a scenario in which someone convicted of solicitation or other prostitution-related offense would be denied entry.

DAVEPHX726 reads

Even a weed bust 20 years ago has been reported as reason to deny access to Canada. Doesn't make a difference if legal in Canada if you have ever been a "criminal" in the U.S. you can be denied entry.

DAVEPHX621 reads

The Canadian immigration site implies it depends if illegal in Canada linking to the Criminal Code.

Maybe weed is illegal I forget but that is reason to deny entry.

Once I was detained in Victoria 2-3 hours since I had sexwork related stuff on my laptop (link to huge terb board).  I had to educate them about Canadian law that everything I was involved in (private sexwork) was legal in Canada.  They had to look it up and found I was correct and some of the younger agents were very interested in topic.  I have never been arrested for anything and in my many trips to Canada never had a problem before or after (Had Nexpass?) for a while to bypass immigration from iris recognition.

But to the topic - Travel site says:
You are considered "unfit" to enter Canada. In the words of the Canadian government, you are "criminally inadmissible." This applies to anyone as well who has been convicted of a DUI, shoplifting, driving dangerously, simple assault ... or anything that can be considered a "misdemeanor" in the United States. It doesn't matter if it was 40-some-odd years ago. It doesn't matter if you've been going to Canada for the last 20 years with no problem. If you have a record, you won't get in now.

It isn't that the laws are any tougher than they have been over the last 40 years; it's the technology that's better. Canadian immigration officers can plug into your history in the same way that local cops can. This is the result of a post-September 11 agreement between the U.S. and Canada, and it's been very effective.

Another site says:
A single criminal conviction, no matter how minor or how long ago, is grounds for exclusion from Canada.  With the exception of civil traffic violations such as speeding, and some municipal ordinance infractions (which are typically not handled through the legal system) such as parking violations or littering, persons with a conviction must either have received a pardon, applied for and been accepted for rehabilitation, met the requirement to be considered deemed rehabilitated, or if ineligible for rehabilitation or deemed rehabilitated status..

I was once detained by immigration because of a charge (neither DUI nor solicitation) I had DROPPED.  I still had to explain what had happened and why it was dropped.  I was detained for HOURS - it was not fun.  

On a similar note, after the detention mentioned above, I went back to Canada again (I was dating a Canadian) and they searched my car found pepper spray that I honestly had forgotten that I had.  I was again detained for HOURS and given a "Warning from the Crown."  They eventually let me in but now I'm on a list that means I get seriously questioned and searched every single time I cross the border even though I have never been convicted of anything.

The border guards take their jobs very, very seriously -- entering Canada is not easy like it used to be, and, in fact, it's much harder to enter Canada than it is to go to Europe or most other countries.

-- Modified on 6/30/2013 10:58:30 AM

ActualLawyer732 reads

My point was that the stories I have heard from clients are that they are focused on DWI offenses rather than others. But, clearly that's no longer the case. :)

octovert693 reads

The US has the personality od a belligerent adolescent boy. Canada has the personality of a mature 35-year old woman. (And Australia has the personality of Jack Nicholson laughing in your face in a very disquieting way)  

Isn't Canada less armed than we are? They might be trying to keep the henhouse free of foxes. Could someone elaborate on the 9/11 agreement

GaGambler623 reads

I vehemently disagree, and yes,Canada is a bitch to get into. I NEVER admit that I am coming to Canada on business. The last time I did that I got stuck in a little room for two hours explaining myself. Now I almost always say I am there to go fishing with a friend, which usually elicits a five minute, very friendly conversation about how great the fishing is up there.

I have had more problems entering and departing Canada than any other country in the world, and I routinely travel to drug trafficking hot spots like Colombia with nary a problem. I recall leaving Bogota dead drunk a couple of years ago, they asked why I had come to Colombia, and I responded "to fuck your beautiful chicas" all I got in response was a smile and my visa stamped.

DobieGillis714 reads

the seat and getting in caught via a random vehicle check at the border ) but have yet to hear of any on P4P. Just tell them they make the best beer and say " hockey eh " and you probably won't have an issue.

This guy and his buddies were driving to Canada for a fun weekend of drinking and fun at the strip clubs, at the time they were only 18 or 19 years old.  At the Canadian border, the officer told them to go into that immigration building that is just past the port of entry, some immigration officers wanted to have a word with them for some reason.  

Then they were questioned by 3 or 4 immigration officers about what they were really doing there, etc, and their luggage was searched.  The immigration officers pulled out a VHS tape, and they were like "A-ha!  What do we have here?"  (this happened back in the 80's that is why it was a VHS tape).    

The officers took the VHS tape to another room in the back to watch it, where they then discovered that it was a porno.  They gave the tape back to the guys, and told them to get the hell out of their office.    

I guess they received the proper "Welcome to Canada" greeting that day.

Of a felony by Canada law.  DUI is considered a felony in Canada.  Other convictions are done on a case by case basis.  I went to Canada last year for work.  I had to be interviewed byimigration due to a breach of peace conviction in 1981 and a solicitation conviction in 85.  Iwas allowed in because thei Iftar on officer determined they were minor offenses and so long ago.  Another in my group was denied entry for a DUI almost 30 years ago.

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