Canada with DUI

The hubby has 2 DUI convictions....1st when he was 21 and the second at 29...the first was technically "continued without a finding". He is 45 now and hasn't had a drink in 16 years. I booked a cruise to Canada not knowing the rules (stupid i know) :eek: Is he going to be denied boarding or just have to remain on the ship in new Brunswick? We leave in 3 weeks (from Boston) so too late to "apply" for anything. I've read the threads...I need someone who's cruised with these circumstances to help! Has anyone been denied boarding before???

Hi; you may want to do a search for DUI on here as I know I've read about this before.

From personal experience, a friend with whom I occasionally travel had a DUI in the 80s. We've flown to Canada (Toronto) twice and she had no problem at the airport either time.

as long as he has a valid passports and no warrants against him there should be no reason for him to be denied entry.

I have read lots about people having issues either boarding a ship going to Canada or being denied entry at the border. As far as I know, they don't just restrict a person to the ship, but rather deny boarding all together, but it's certainly not everybody that gets stopped (from either country going to the other). I can't say it's a good idea to call anyone at this late date, as it might just flag the file if it's not already. Not sure if you ever plan to travel to Canada in the future, but it might be a good idea to apply for "rehabilitation", just in case. It's a minimum of $200 ( I can't see it being a special case, but I'm not lawyer). Info can be found at http://www.cic.gc.ca/english/information/applications/rehabil.asp

You might start here and see what you can find, or call the border patrol or consulate maybe, or the agency that issues travel warnings and see what you can find out.

http://www.tripadvisor.com/Travel-g153339-c49436/Canada:Dwi.Or.Dui.Driving.Convictions.html

I would give them a call in the morning

Boston

Consulate General of Canada

Three Copley Place, Suite 400

Boston, MA 02116

Tel: (617) 262-3760, Fax: (617) 262-3415,

bostn@international.gc.ca

Territory: Massachusetts, Maine, New Hampshire, Rhode Island, Vermont (other: Saint-Pierre-et-Miquelon)

From what I have read, the DUI shouldn't be an issue keeping you out of Canada. However a FELONY conviction will. So if the 2nd DUI was considered a Felony...you may have some issues and I have to agree with several other posts... better to call ahead and find out rather than make yourself a nervous wreck leading up to your embarkation and even pulling into Canada.

Always better to know ahead than hide and hope. :cool:

I have no idea.

I am keeping my fingers crossed for you and congrats on your husbands sobriety.

I have no idea.

I am keeping my fingers crossed for you and congrats on your husbands sobriety.

 

Thanks! Only worried about embarkation. If we have to stay on the ship in Canada it's really no big deal. We just did San Juan, St Thomas and Grand Turk last month. Chose this cruise since it was cheaper than a weekend in NCY for our anniversary (we got a balcony for the price of 2 nights in a decent New York hotel! :D

No promises but it is likely that it will not even be an issue, the problem if it arises will most likely be because there are two of them. On a port stop it is not likely to be discovered, the bigger issue is flying or driving into Canada.

I'm fairly certain he'll all be okay. Enough time has passed.

From the Canadian Immigration website -

A. Convictions/offences outside Canada

 

If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility by applying for rehabilitation, or you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E3

(the rest of that blurb doesn't pertain to his situation. I reads, to me at least, that it might be a problem if the 2 offenses had happened concurrently. Your husbands are 8 years apart. And even if it did pertain to him, enough time has still passed.)

The only DUI-related offense that has a maximum imprisonment of over 10 years (which WOULD make him ineligible) would be if he killed somebody while DUI. Please tell me he didn't kill somebody :( .

Disclaimer: I am not a lawyer.

EDIT. for clarity.

I do not think you will have trouble boarding the ship. In the United States you can not get a passport if you have a felony, however that law may be true if you have a certain type of felony I do not know. But those laws may be different in Canada, I would call the agency that issues the Canadian passports and explain your problem to see if there are any issues getting a passport and getting back into Canada which may be the concern.

Gary

You'll be fine! Canada lets criminals in all of the time. It's only the US that cares about such things. ;)

Liz

A DUI is considered felony conviction in Canada so yes a person with a conviction within 10 years of arrival in Canada is not admissible. That said the Canadian customs officers have a great deal of discretion as to who they admit and who they don't. If refused admission a person can request a one time temporary admission permit at the border and the fee is $200.

However, in the case of the OP her husband's conviction occurred more than 10 years ago and there should not be an issue. I would advise bringing along any documentation with regard to the matters and be prepared to show them if asked. You do not need to volunteer any information and I doubt very much that is will even come up.

My husband has had 3 DUI's (all before we meant) and we drove to Niagra Falls in 2003. We didn't have any problems getting into or out of Canada. This was when you could go to Canada with a birth certificate and ID. And his drivers license was suspended at the time. I have turned him into a good law abiding citizen since we got married in 2004, and he has had a valid drivers license ever since. I think it will be fine.

A DUI is considered felony conviction in Canada so yes a person with a conviction within 10 years of arrival in Canada is not admissible. That said the Canadian customs officers have a great deal of discretion as to who they admit and who they don't. If refused admission a person can request a one time temporary admission permit at the border and the fee is $200.

 

However, in the case of the OP her husband's conviction occurred more than 10 years ago and there should not be an issue. I would advise bringing along any documentation with regard to the matters and be prepared to show them if asked. You do not need to volunteer any information and I doubt very much that is will even come up.

This is right on. My husband traveled there for work 5 or 6 times and had no problem getting in. THEN the last time, the border agent actually checked his record and found he had a DUI 9 years ago & he was denied entry.

Give Carnival a call and find out. Just dont give them your name or when you are sailing so that you won't be "flagged"

I am pretty sure Carnival has to give Canadian autorities the name and birthdate of all crew and passengers prior to arrrival in port. I suppose Carnival send the list after sailaway...

If something is wrong, Canadian Border Agency will notify Carnival... the worst case is probably he wont be able to leave the ship.

I am pretty sure Carnival has to give Canadian autorities the name and birthdate of all crew and passengers prior to arrrival in port. I suppose Carnival send the list after sailaway...

 

If something is wrong, Canadian Border Agency will notify Carnival... the worst case is probably he wont be able to leave the ship.

Interestingly enough, this is not the case. Here is a link to an article on the CBSA website that states the ships provide passenger manifests purely on a voluntary basis only and often don't provide them or the manifest is incomplete.

http://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/ae-ve/2011/cpv-dncp-eng.html

Give Carnival a call and find out. Just dont give them your name or when you are sailing so that you won't be "flagged"

They know nothing, all they will do is refer them to the closest Canadian Consulate office both of whom don't reply.

This offense occurred more than 10 years ago an under Canadian law the person is deemed to have been "rehabilitated".

Even though he had a valid US passport, my daughter's boyfriend was turned away at the Canadian border while trying to drive across to see her. because of a previous DUI. I would start calling and hope that you get some answers. I wouldn't risk it based on information gotten here, no offense meant to anyone :)

For the benefit of the OP, this is an excerpt from the CBSA website, your husband will be ok...just bring documents in case you are asked:

Deemed rehabilitated – Assessed at the Canadian border for people living in the U.S.

Whether you will be deemed rehabilitated at a Canadian port of entry depends on:

• the crime
  
• whether the required amount of time has passed since you completed the sentence imposed for your crime:
  
  • 10 years for an indictable (serious) offence
    
  • Five years for two or more summary (less serious) offences
    

  [*]whether you have committed one or more crimes.

In all cases, you may be deemed rehabilitated only if the crime would be punishable in Canada by a maximum prison term of less than 10 years

I would be shocked if you had issues: DUI offenses here in Canada are treated with a small tap of the wrist. With all the carnage I see on the roads here due to DUI's unless you kill somebody they might take away a license for a day or two and give you a side of back bacon for your troubles :D:D:D

You need to check.

I know of two cases in the very recent past of people being refused entry to Canada. Both said it was based on their DUI convictions in the US.

I don't know how many convictions either of them had, or when, nor do I know if they either of them had 'felony' convicitons. But I do know for certain that they were both denied entry-and both in the last 18 months.

You'll be fine! Canada lets criminals in all of the time. It's only the US that cares about such things. ;)

 

Liz

What?? Hope you were making a joke

Putterdude and Parrot head were correct on this.

And for the record- Canadians can be denied entry into the US with a DUI if the Border officer doesnt check further into what Criminal Offense the traveller has committed.

The Secure Data given for every person- cruise and or air- mentions only ``Criminal Offense`` and the the officer must retrieve further data.