Entrance to Canada with a DUI conviction

[Surfserene]

Since booking a trip to NE and Canada, my chosen traveling partner for the trip drove drunk and got a DUI. I'm not looking for judgements here about my friend, I'm looking for information about disembarking the ship in Canadian ports. Canada has a STRICT non-admission law for individuals with a DUI conviction. I've spoken with border agents, and the Canadian Department of Border Security, as well as having checked the border laws for Canada. They are all the same....anyone with a DUI conviction is not allowed into the country. They do not differentiate between misdemenor and felony charges there. Any violation is considered a federal offense. I would think the law would be more geared toward those entering to live and work there, but can't get a straight answer about any of it. I DO NOT want to arrive to port with my friend attempting to leave the ship and run into a "taken into custody and deported" situation. I've had an interchange with someone on a cruise forum on social media who insists they had a family member leave the ship, only to be escorted to a van, then removed from the country. Welcoming any comments, but again, not open to judgemental comments about my friend's choices. It was an unfortunate situation, and a much needed wake up call. Thanks in advance.

[klfrodo]

Your friend might find themselves being turned away from even boarding the ship on embarkation day.

 

You are correct in that Canada doesn't play when it comes to DUI convictions.

[njhorseman]

22 minutes ago, klfrodo said:

Your friend might find themselves being turned away from even boarding the ship on embarkation day.

No, that can't happen. The cruise line doesn't have access to the NCIC criminal database(s) where this record resides, so they have no basis to deny boarding, and the Canadian government doesn't receive the passenger manifest until after the ship departs its homeport. 

 

The decision about permitting the passenger to disembark, requiring the passenger to stay on board, or even if the passenger will be removed from the ship and deported (as I understand it that option is generally only exercised if there's an active warrant for the person's arrest for a reason that permits extradition) will be made at the first Canadian port of call by CBSA officers.

Edited April 28, 2023 by njhorseman

[njhorseman]

18 minutes ago, Surfserene said:

Since booking a trip to NE and Canada, my chosen traveling partner for the trip drove drunk and got a DUI. I'm not looking for judgements here about my friend, I'm looking for information about disembarking the ship in Canadian ports. Canada has a STRICT non-admission law for individuals with a DUI conviction. I've spoken with border agents, and the Canadian Department of Border Security, as well as having checked the border laws for Canada. They are all the same....anyone with a DUI conviction is not allowed into the country. They do not differentiate between misdemenor and felony charges there. Any violation is considered a federal offense. I would think the law would be more geared toward those entering to live and work there, but can't get a straight answer about any of it. I DO NOT want to arrive to port with my friend attempting to leave the ship and run into a "taken into custody and deported" situation. I've had an interchange with someone on a cruise forum on social media who insists they had a family member leave the ship, only to be escorted to a van, then removed from the country. Welcoming any comments, but again, not open to judgemental comments about my friend's choices. It was an unfortunate situation, and a much needed wake up call. Thanks in advance.

The decision is of course made by CBSA officials so no one here can say with certainty what will happen, but based on your statement that this was a recent offense it's highly likely...I'd say virtually certain...that your traveling companion will not be permitted to disembark in any Canadian port. However, my understanding is that arrest and deportation generally only happens if there's an active arrest warrant for your companion. 

Again...no one here can tell you more than you already seem to know.

[Aquahound]

1 hour ago, Surfserene said:

Welcoming any comments, but again, not open to judgemental comments about my friend's choices. It was an unfortunate situation, and a much needed wake up call. Thanks in advance.

 

The bottom line is, those with DUI convictions are not permitted into Canada.  You might find stories of people successfully crossing the border but short of rehabilitation or another legal program to cross the border, like temporary residency, it is not permitted.

 

NJ's post above is spot on.  I will caveat it a little, though, because if the arrest is so recent that they have not received a conviction and will not yet have been convicted at time of sailing, it is possible that they will not yet meet the criteria for inadmissibility.  But it again comes back to what NJ said...no one here can predict exactly what will happen.  

[njhorseman]

14 minutes ago, Aquahound said:

 

The bottom line is, those with DUI convictions are not permitted into Canada.  You might find stories of people successfully crossing the border but short of rehabilitation or another legal program to cross the border, like temporary residency, it is not permitted.

 

NJ's post above is spot on.  I will caveat it a little, though, because if the arrest is so recent that they have not received a conviction and will not yet have been convicted at time of sailing, it is possible that they will not yet meet the criteria for inadmissibility.  But it again comes back to what NJ said...no one here can predict exactly what will happen.  

The title of the thread is "Entrance to Canada with a DUI Conviction", and the OP uses the words "with a DUI conviction" twice in the body of the post, so I felt I could confidently assume that the traveling companion had already been convicted.

Edited April 28, 2023 by njhorseman

[K32682]

11 hours ago, Surfserene said:

I've had an interchange with someone on a cruise forum on social media who insists they had a family member leave the ship, only to be escorted to a van, then removed from the country.

 

I'd call BS on that unless there was some other reason beyond a DUI for escorting them out of the country. More likely is your travelling companion would not be allowed off boat in a Canadian port. 

 

While DUI is taken seriously here they are a great many Americans who cross the border without issue despite DUI convictions. The same is true with Canadians who have marijuana convictions attempting to enter the U.S.  In both circumstances they are only denied entrance if their records are discovered and neither country checks each visitor that closely all the time. 

[Surfserene]

Thanks for your response....I'm just not wanting the embarrassment of something my friend is trying to overcome to keep haunting them, especially on what should be a relaxing time of discovery in places they've never been. Canadian officials said they could apply for a entrance certificate to the tune of $200, but they wouldn't be guaranteed entry even with that. I hate to have my friend pay for a cruise and be confined to the ship the whole time save for one port in Maine. The others are Halifax, Sydney, and Saint John.

[Ferry_Watcher]

Considering Canada's fairly strict policy on DUI's, I think that this particular cruise destination (with multiple Canadian port-of-calls) isn't the best choice for your friend.  I think realistically, your choice is to either still take the cruise as a solo, or find someone else to go with you.

The other option is to cancel this cruise and rebook a cruise that travels south, or consider a cruise to Alaska,  The Alaska cruises (from Seattle or SF) have one very brief stop in Victoria, BC where your friend could just stay on the ship.  

[cruiseryyc]

Your friend is not getting off the ship in Canadian ports.  Have to agree with Ferry_Watcher, switch to a different cruise.

[Surfserene]

I truly appreciate everyone's input and opinion here, and still leave this open to the comments of someone who may have experienced this very situation, and can tell me how it was handled in their case, or the case of someone traveling with them. Yes, conviction, yes recent (within the past year, though a full year will have passed by the time of the cruise on the 14th, and all court ordered remediation requirements will have been met with full license restored one week before the cruise).

[Surfserene]

2 hours ago, cruiseryyc said:

Your friend is not getting off the ship in Canadian ports.  Have to agree with Ferry_Watcher, switch to a different cruise.

Thanks! That's what I feel will happen, and I've suggested they just not even try to get off the ship at all. I've offered that option, and have stand-bys (husband or sister). I've never been to these ports, am weary of southern itineraries, and will not miss this trip! I'm leaving it up to my friend as whether or not they want to sail and sit on a ship all week! I've no issues with venturing off solo. Besides, there are always plenty of friends to be made on the ship creating groups to join in port!

[Ferry_Watcher]

It would be a lot of money spent just sitting on the ship during the Canadian port-of-calls.  If your friend was denied getting off the ship during these visits, it would probably increase their negative feelings about themselves (for their regrettable action of driving under the influence, embarrassment, maybe shame).  Not sure what the DUI situation was (a true, one-off mistake, or a common problem, and finally caught). 

One thing that might happen is the friend stuck onboard the ship, bored for hours on end, might find solace on the bar - which would be the last thing anyone wants to see happen.

 

If this person is close to you, you might consider, as an act of kindness, to rebook with another destination, or just suggest that the cruise is cancelled by both of you.

[Surfserene]

Thank you. It was, a true one off mistake, and unfortunate, but there are consequences for our actions and it's best for all to get a good, solid consequence for actions that could otherwise cost lives. I'm sharing all comments with my friend, and leaving them to decide for themselves. I don't think finding solace at the bar is a likely event. This person is not an all day, unable to stop drinker. If so, I'd not be considering a trip with them at all. Ain't nobody got time for that!