Canadian DUI customs problems

[Roger Long]

Has anyone heard of anything like this?

I ran into a former client and very credible guy yesterday who was captain on a fishing vessel that was carrying an oceanographic party and gear on a charter. They sent all the crew information and passport numbers to Canpass weeks ahead of time. Shortly after clearing into Canadian customs, a squad of police officers boarded the boat and marched two of the scientists away in handcuffs. The scientists spent the night in jail and were driven back to the nearest land border crossing where they were dumped. It turned out that each had a former DUI conviction on their driving record and customs is tappped into the U.S. database. In one case, the conviction was over 30 years old and the scientist had forgotten about it because it was just after he started driving.

The explanation he was given is that a DUI conviction forever bars a citizen of another country from visiting Canada. In the case of countries like the US where no visa is required, there is no mechanism to notify people in advance. It's just one of those things you are supposed to know. You are not prevented from entering but, once there, you are in violation of Canadian law and subject to immediate deportation. He went on to say that this has considerably depressed participation in the U.S. to Canada sailboat races because it's hard to put together a racing boat crew without at least one DUI in the group.

I suspect this is one of those thing that are on the books but seldom enforced. Certainly it isn't being generally enforced on land and air or there would be chaos at the border and it would have been a major news item by now. After 911 (when this was), vessels became subject to greater scrutiny and stricter inspection. The oddity of a fishing vessel showing up with scientists and oceanographic gear may have also prompted a more complete records search.

Fortunately, I'm clean but I plan to take a number of people to Canada on the boat over the years and am wondering if I have to debrief every one of them about their driving history; especially if I am also an oddball, showing up in a sailboat full of water bottles and oceanographic instruments.

Another thing my friend told me: he has had zero luck getting Canadian authorities to discuss anything in advance of a trip as I am attempting to do now. He said, "They like the element of surprise."

 

[sailaway78]

DUI

If a previous DUI conviction makes one an illegal immigrant, I wonder what other offenses would make a person undesirable. Would a bar fight count against you, how bout a pocket full of speeding tickets. Could one be banned from Canada for such an offense as spitting on the sidewalk. Or is it just the DUI that they find so horrible, and other offenses are acceptable. Maybe in the future it would be better to enter the country illegally, such as our illegals do here. Then just take your chances.

 

[Rob Hessenius]

A couple of years back we were going up to the Northwest Angle in Minnesota. You have to drive thru Canada to get back into the enclave of Minnesota. At the border crossing at Warroad, Canadian Customs questioned us. A buddy had gotten a DUI in the late 80's, he told the Mounty that. He was not allowed into Canada because it is considered a felony there. So we had to drive him back to Baudette, MN and he had to fly into Minnesota, over Canada to get there...!!!

So I do believe this story to be true, extreme as it sounds..!!http://upload.wikimedia.org/wikipedia/commons/e/e4/NORTHWEST_Angle.png

 

[guest]

Any criminal record prohibits entry into Canada.

Same rule applies for Canadians entering the USA - any criminal record - no entry.
If you have a record that goes way back, you can apply for a legal pardon. You will need a lawyer etc to do all the paperwork.

 

[Stu Jackson]

Yes, Roger, it happens

even for those with supposedly "cleaned-up" records. Betcha they didn't tell you some of those little things in the Patriot Act, heck they didn't even tell us about the big ones and then lied about those, too! My friend, who'd had a "record" eons ago, was visiting to go skiing with his now-older son, who hadn't been told by mom and dad about his "prior hsitory." Dad is "completely rehabilitated" because that was 30 years ago! Paid his debt to society. Just the worng society, I guess. Mom & Dad were not too pleased when dad hadda go home and the rest of the family and friends continued on to their vacation. It should have been their choice to tell or not tell their son, not the Mounties and the heartless Homeland Security goons.

So much for the government "cleaning out" records. They do such a good job having us clean out our shoes at airports! See the next to last paragraph, here: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/04/08/DDGR16TK46.DTL

 

[jackhartjr]

When a former company started sending trucks into Canada we found out real quick that while we could not run a criminal record (In the early mid 80's) the Canadians could and would. Had more than one truck waiting at the border for a clean driver.
And sailing dog...in Jackie's world a 2nd DWI would fry you in the hot chair! And I mean that!
Jack

 

[sailingdog]

When a former company started sending trucks into Canada we found out real quick that while we could not run a criminal record (In the early mid 80's) the Canadians could and would. Had more than one truck waiting at the border for a clean driver.
And sailing dog...in Jackie's world a 2nd DWI would fry you in the hot chair! And I mean that!
Jack

Works for me...

 

[Hermit Scott]

I know a guy from the boat yard that had 4 dui's. He did 2 years on the third one and 3 years on the fourth one.
I noticed his car was scraped all along the side. I asked him what happened, He said I "me and my old lady got in a fight last weekend so I took off drunk and crashed at the end of our road, I don't even remember it"

 

[Nereussailor]

Yep, I used to live in Wisconsin a couple of years ago, and a bunch of us would go up into Canada fishing. One year they changed the law and two of the guys couldn't get across the border. I guess that's the way it works. I did hear something about them possibly changing the law, but I don't think it ever happened. I don't know why anyone would really want to go there except for a few weeks in the summer when it's kind of warm. I like my sunshine and warmth.

 

[Ron20324]

I sent the original post to my sailing club, and got this back from one member. Don't shoot me, I'm only forwarding it:


See this website for further information. BUT the gist is in these paragraphs, and you may be able to get these old actions pardoned.
Kitty


What makes a potential visitor to Canada unwelcome? Here's how Canada defines "inadmissible," as taken directly from the Canadian Embassy's official website:
"Members of Inadmissible Classes include those who have been convicted of MINOR OFFENCES (including shoplifting, theft, assault, dangerous driving, unauthorized possession of a firearm, possession of illegal substances, etc.), or of INDICTABLE CRIMINAL OFFENCES (including assault with a deadly weapon, manslaughter, etc.). As well, those who have been convicted of DRIVING WHILE INTOXICATED (DWI) are considered Members of an Inadmissible Class. Driving while under the influence of alcohol is regarded as an extremely serious offence in Canada.
"Those who have received TRAFFIC VIOLATIONS (including parking/speeding tickets, etc.) and other minor violations (i.e. littering, etc.) most likely will NOT be prohibited from entering Canada. Similarly, those who have JUVENILE CONVICTIONS (convictions for crimes committed while under age 18) most likely will NOT be prohibited from entering Canada unless they could have been tried as an adult for their offences."
The Canadian classifications for inadmissible visitors aren't new. What's new is the ability of Canadian border agents to screen—instantly—the records of those visitors. Basically, border agents can now pull up the same sort of information a police officer can pull up if you're subject to arrest.
The Canadians are willing to grant exceptions, but you have to ask in advance. The material from the Embassy website continues:
"Those who have been convicted of an offence OUTSIDE CANADA, and have had 5 years elapse since the termination of the custodial portion (if any) of the sentence imposed (not the sentence served), may apply for a Minister's APPROVAL OF REHABILITATION. The Minister's Approval will permanently remove the inadmissibility caused by conviction."
You can apply for an Approval of Rehabilitation at Canadian visa offices in Buffalo, Detroit, Los Angeles, New York or Seattle; the Embassy website inclu

 

[Benny]

That's what happens when you send the info weeks ahead of time. Just show up and present your passport and by the time they get around to checking any records your trip will be over and most likely you will be back home. Don't feed the idle bureaucrats.

 

[Pink Flamingo]

Yep, I used to live in Wisconsin a couple of years ago, and a bunch of us would go up into Canada fishing. One year they changed the law and two of the guys couldn't get across the border. I guess that's the way it works. I did hear something about them possibly changing the law, but I don't think it ever happened. I don't know why anyone would really want to go there except for a few weeks in the summer when it's kind of warm. I like my sunshine and warmth.

Hope this is not the attitude of all Americans!

 

[CalebD]

Being arrested versus being convicted for a crime are two different things.

 

[Guest]

Canada Customs

Over the years we have made several two month cruises and many other shorter ones into British Columbia during the different seasons. The only time I had a problem was when a customs agent detected me over the phone trying to game the system. I had more than my allotment of beer, so when she asked me how much beer I had, I said a couple (as I recall I had ten). Then she said, do you mean two? I replied, I think so. Silly me.

The agent instructed me to stand by my boat until the agents she was sending released me. About thirty minutes later two female, one male and a dog agent arrived. They were very courteous when they asked if they could inspect my boat while I remained on the dock. While I could hear them going through lockers, reefers and storage areas on the boat one of the female agents checked over my papers and asked several questions.

When they were finished I was kindly reminded that I had ten beers, not two as I stated on the phone, but they did not make a big deal of it. They released me by issuing a clearance number, thanked me for my time and wished me a nice stay in BC.

This little incident happened at White Rock government dock a few years ago. My motto now is to say what I mean and mean what I say. Of course they must ask the right question and when they do I give them the right answer, period.

Terry Cox

 

[higgs]

We are very familiar with this policy here on the US side of Lake Ontario. The problem is a recent one and many of us feel it is in response to US complaints that Canada's security was too lax. One can buy there way out of the problem by going through some official hoops with Canada. It also seems to happen to those who use a drivers license to enter Canada. I am not sure about that, but I have heard some indications to that effect.

 

[TimCup]

I just have one question-

If a Canadian citizen has a DUI, and comes to the United States, would they consider him too undesirable to let come home?

cup

ps- after all the comedy movies, I thought drinking was all anyone did in Canada... you guys need better pr people!

 

[David10790]

Its Not an Open Border Anymore

Everyone needs the new enhanced drivers license or a passport. Both Canada and the US have become more aggressive about denying entry to all sorts of people for all sorts of reasons. Here's a few samples:

Canadian professor denied US entry for taking LSD in 1967

"Vancouver psychotherapist Andrew Feldmar has been barred from entering the United States. The reason? During a random stop-and-search at a US/Canadian border crossing, a Google search of his name led to his article from the Spring 2001 'Janus Head: Journal of Interdisciplinary Studies in Literature, Continental Philosophy, Phenomenological Psychology, and the Arts.' In it Feldmar describes two acid trips he took under the supervision of his graduate advisor in psychology -- in 1967. This turns out to have been enough to earn him a life-time ban under the grounds of 'admitted drug use.'



Canadian accused at U.S. border of 'stealing American jobs'

Sales representative from B.C. denied entry to U.S. to meet with suppliers

Last Updated: Tuesday, March 17, 2009 | 10:49 AM PT Comments643Recommend511

By Kathy Tomlinson, CBC News

Joel Borsteinas, an independent sales rep who markets U.S. equestrian products in Canada, says he was yelled at and accused of stealing U.S. jobs. (CBC) A B.C. sales representative who markets equestrian products in Canada was barred from crossing the U.S. border to attend a trade show last month by a U.S. Customs and Border Protection officer who accused him of trying to steal American jobs.
"He looked at me, and in a yelling voice he said, 'You're friggin' stealing jobs away from American citizens,' and I tried telling him that I wasn't," Joel Borsteinas told CBC News.
Borsteinas, a Canadian citizen, said he's been in business for 15 years, acting as a middleman between U.S. and Canadian suppliers of western wear and equestrian products and Canadian retailers who want to stock the products.
He said he goes to the U.S. half a dozen times a year to attend trade shows and meet with suppliers who want him to market their products to retailers north of the border. They pay him a commission for every Canadian order he sends to them.

Sumas border crossing where Joel Borsteinas was interrogated, fingerprinted and turned back. (CBC) On Feb. 26, Borsteinas said, he was on his way to a trade show in Oregon when he was pulled over at the border and questioned for an hour before being refused entry. He said he's never been stopped at the border before, and he said he always tells the truth about where he is going and why.
"Anybody that buys off an American distribution company or an American manufacturer company has some sort of a liaison in Canada," said Borsteinas.
'I'm creating American jobs'

"I'm creating American jobs. The (U.S.) companies that I actually work for — I have been in touch with them all — and they still think that this is absolutely crazy."
Borsteinas said the border officer who refused to allow him entry to the U.S. was the supervisor on duty at the time at the Sumas crossing in southwestern B.C.
"I said, 'Well, I don't actually bring the products in. I just write the orders. It's all in Canada,'" said Borsteinas.

'You are stealing jobs away from us.'— Joel Borsteinas, quoting U.S. border protection officer​

"He says, 'Oh, you are a consultant, then.' I says, 'No — I'm just a salesman. I sell to Canadian stores.' And he says 'Nope, you are a consultant,'" said Borsteinas. "Once again, he says 'You are stealing jobs away from us.'"
Borsteinas said he was then fingerprinted and sent back into Canada. The border officer warned him if he tried to enter the U.S. on business again, he should expect to be prosecuted.
"He said if I ever come down to the U.S. again with the intentions of working, I will be arrested," said Borsteinas.




Obama volunteer denied entry into the U.S.

By Carson Jerema | November 4th, 2008 | 6:49 am
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Filed Under: Blogs
Tags: election • Manitoban • obama




Regan Sarmatiuk, who was editor of the Manitoban in 2005-06 and is a permanent fixture on my resume, was denied entry into the United States on Sunday because she was heading to Minnesota to volunteer for Barack Obama. The Winnipeg Free Press picked up the story:

On Sunday, Sarmatiuk, 28, was on her way to Thief River Falls to help get out the vote. Instead of witnessing history, the Winnipegger was sent back home.”It was upsetting,” she said. “I felt like I was being accused of something. I don’t have a criminal record. There’s no reason not to let me in. I felt very unwelcome.” At the Highway 59 border crossing at Lancaster, Minn., the U.S. border officer was stumped when she told him she was going down the road to volunteer on election day.​

[FONT=Arial,Helvetica,Geneva,Sans-serif][SIZE=-1]onicle – Dec. 23, 2005[/SIZE][/FONT]

[FONT=Arial,Helvetica,Geneva,Sans-serif][SIZE=+2]Islamic scholar denied entry into U.S.[/SIZE][/FONT]​

[FONT=Arial,Helvetica,Geneva,Sans-serif][SIZE=-1]A Canadian Islamic teacher scheduled to speak at an upcoming Houston conference has been barred entry to the United States.

Yahya Ibrahim arrived at the Detroit airport Monday, where an immigration inspector denied him entry. Ibrahim, who was traveling from Australia, could not be reached for comment.

He was scheduled to speak at the Texas Dawah Convention, an annual event for Muslims expected to attract 4,000 participants from across the country. The government confirmed that Ibrahim was denied entry, but refused to say why.

"We don't release specific details of the reason for denial," said John Mohan, spokesman for U.S. Customs and Border Protection in Washington. Mohan confirmed that Canadian citizens are not required to carry visas to enter the United States, but he said they can still be denied entry.

"Suffice it to say the burden of proof is always on the alien," Mohan said. He would not specify what it is immigrants must prove.

Conference organizers have asked for a better explanation.

"The message (Ibrahim) promotes is the message of peace and moderation," said convention director Waleed Dasyouni. "Turning him away sends the wrong message." [/SIZE][/FONT]​

[FONT=Arial,Helvetica,Geneva,Sans-serif][SIZE=-1]Officials with the Council on American-Islamic Relations said the scholar told them he was detained for five hours and given no reason for being refused entry. Kaleem Siddiqui, a spokesman for the council's Houston office, said the organization was contacting congressmen and other authorities for an explanation. [/SIZE][/FONT]​

 

[Fairwind]

"Those who have been convicted of an offence OUTSIDE CANADA, and have had 5 years elapse since the termination of the custodial portion (if any) of the sentence imposed (not the sentence served), may apply for a Minister's APPROVAL OF REHABILITATION. The Minister's Approval will permanently remove the inadmissibility caused by conviction."
You can apply for an Approval of Rehabilitation at Canadian visa offices in Buffalo, Detroit, Los Angeles, New York or Seattle; the Embassy website included.

It's just a matter of paperwork..

 

[Roger Long]

Both Canada and the US have become more aggressive about denying entry to all sorts of people for all sorts of reasons.

I'm not surprised that the U.S. is doing this. Our customs and border policies have been a national disgrace since before our former vice president began running the country. After visiting Canada monthly last year, it was a surprise to learn this about a country I'd come to know and love. I'm sure that retaliation and an attempt of pressure the U.S. into a more reasonable attitude is a factor. It just doesn't square with the practical attitudes that made building a boat in Canada and spending time there such a pleasure.

I think the take home lesson for sailors on both sides of the border is not to cross a large body of water to the other nation without enough fuel, supplies, and endurance to turn around and go right back again. The border issues have become so nutty that clearance can no longer be considered a given.

 

[Scott B]

It also reinforces the fact that people need to do their homework before crossing the border, given the changing state of border security. I've been going to the US by car for many years, but would check on the current requirements for paperwork before each trip.