For many
Americans, a DUI feels like something that was dealt with years ago. The fines
were paid, probation ended, and life moved on.
But when travel
to Canada comes up, that past conviction can suddenly matter again.
Canada treats
impaired driving very seriously under its immigration laws. As a result, a
DUI or DWI conviction in the United States can make a person criminally
inadmissible to Canada.
This often
comes as a surprise, especially for people who have crossed the border before
without any issues.
Why a DUI
affects entry to Canada
Under the Immigration
and Refugee Protection Act (IRPA), foreign nationals can be denied entry if
they have been convicted of certain criminal offences.
When Canadian
immigration officers review a conviction from another country, they do not
simply look at the name of the offence in the United States. Instead, they
determine what the equivalent offence would be under Canadian law.
In most cases,
a DUI or DWI conviction is treated as the Canadian offence of impaired
driving under the Criminal Code.
Because Canada
increased the maximum penalties for impaired driving in 2018, many DUI
convictions are now considered serious criminality for immigration
purposes.
That change
means the consequences at the border can be more significant than people
expect.
How border
officers discover a DUI
Many Americans
assume that Canadian officials will not see their criminal record.
In reality,
border officers from the Canada Border Services Agency (CBSA) have
access to multiple law enforcement databases. These systems allow them to
review criminal history information shared between Canada and the United
States.
When a traveler
presents their passport at the border, officers may see information about past
arrests or convictions.
If an officer
identifies a DUI conviction that could make the traveler inadmissible, they may
ask questions about the case and review court documents if available.
What happens
if you are found inadmissible
If a border
officer determines that a DUI makes someone inadmissible to Canada, the
traveler may be refused entry.
In many cases,
the person is allowed to withdraw their application to enter Canada and
return to the United States.
This can be
frustrating when travel plans have already been made, especially for business
trips, vacations, or family events.
Options for
Americans with a DUI
Although a DUI
conviction can cause problems at the border, it does not necessarily mean
someone will never be able to enter Canada.
Several options
may exist depending on the circumstances.
Temporary
Resident Permit (TRP)
A Temporary
Resident Permit may allow a person with a DUI to enter Canada temporarily
if they have a valid reason to travel.
This option is
often used when someone needs to travel before they qualify for criminal
rehabilitation.
Criminal
Rehabilitation
Criminal
rehabilitation is a permanent solution that can remove the
inadmissibility connected to a past offence.
In most cases,
a person becomes eligible to apply five years after the sentence for the
offence has been fully completed.
Deemed
Rehabilitation
In some limited
situations, a person may be deemed rehabilitated after a certain amount
of time has passed.
However, this
option does not apply to every DUI case, particularly after the 2018 changes to
Canadian impaired driving laws.
Why it is
better to deal with the issue before traveling
Many Americans
only learn about criminal inadmissibility when they arrive at the border.
Unfortunately,
that can lead to cancelled travel plans and unexpected disruption.
If you know you
have a past DUI conviction, it is usually better to review your situation
before traveling to Canada so you understand whether a Temporary Resident
Permit or criminal rehabilitation may be necessary.
Planning ahead
can prevent problems at the border.
Sources
Impaired Driving — Government of Canada
Immigration and Refugee Protection Act, section 36
Criminal
inadmissibility — Immigration, Refugees and Citizenship Canada
