Entering Canada With A Criminal Record

[stbk1998]

Should I be worried?

 

I'm going on an Alaska Cruise in September, departing from Vancouver. I've been reading about Canada's strict laws regarding visitors entering the country with a criminal record.

 

I was convicted of a misdemeanor last year. I've paid my fine and completed community service, but I'm on informal probation (meaning that I do not have to report to an probation officer) until March 2009. This is the only criminal record in my background.

 

Should I change my cruise so that it leaves from Seattle?

 

I am going to send an an email to the Canadian consulate, but any advice from members of this forum would be greatly appreciated.

 

Thank you!

[JillinCalgary]

Forget the Cruise ship - you'll get questioned when you clear customs in Vancouver (if your flying) or while crossing the border (driving). Why risk it? And really, there is no risk - you will be questioned. Definitely re-book with Seattle as home port.

 

And for the record, the US is no better when dealing with Canadians with a criminal record (as misdemeanor as they are) :-)

[shawilson]

From all I have been reading in the press lately, they will probably not let you enter. I wouldn't risk it. Don't think cruise insurance would pay for that one. Play it safe.

[la_croisiere_s'amuse]

 

Should I change my cruise so that it leaves from Seattle?

 

 

Unfortunately, that wouldn't help. :( Any Alaska cruise will stop briefly in British Columbia so that they have at least foreign port stop, so unless you have legal permission to be in Canada, you can't legally get on the ship.

 

Definitely write to the consulate, but my gut feeling is that since you're still on probation, the answer will probably be no. I should mention, too, that on our last Alaska cruise our token stop in Prince Rupert was delayed by several hours while Canadian officials repeatedly paged the same two passengers over and over. Oops. :o Of course, we don't know any of the particulars, but I can tell you that our ship was going nowhere until the officials were satisfied. It even made us arrive back in Seattle late the next morning. Something tells me this wasn't a case of an American with a misdemeanor record, but . . . still, I definitely wouldn't risk it.

[stbk1998]

I figure that if I can't enter Canada at that point then I can hang out onboard. No biggie.

 

I asked RC and they said that I shouldn't have ANY problems entering Canada, especially if I tell the customs official that I'm heading straight to the cruise ship. But I don't want to risk that. I don't want to be prevented from entering and then having to miss th ship, so I'd rather change ports. I wanted to spend a couple extra days in Vancouver after the cruise, but Seattle will do as well.

[la_croisiere_s'amuse]

I figure that if I can't enter Canada at that point then I can hang out onboard. No biggie.

 

Actually, on most itineraries nobody leaves the ship on that stop. It's strictly so they can include an international port stop.

 

But the problem is that it's not just about getting off the ship. That's why you have to have your passport (or BC/driver's license) regardless of whether you ever set foot on shore, and why you have to fill out immigration forms for the Bahamas or Mexico (for example) before you board. If you're getting on a ship that's visiting international territory, you have to be legally authorized to visit the country or countries in question.

As for the RCI representative you talked to . . . please understand, I'm a big RCI fan and I'm not trying to bash them . . . but the people who answer the phones are NOTORIOUS for being clueless. If you call five different people with the same question (and I'm talking about stuff they really should know) you'll get five different answers.

 

Of course, you could decide to just risk it, but I would really really really recommend getting some legal advice before you make your decision. Check with the Canadian consulate, or talk to your lawyer, or something. For my peace of mind -- please ??? :D

[MaryZ]

If you have any drug charge or a dwi/dui you will NOT be permitted to enter canada.

I don't positively about other charges, but I have recently (in the past week) read quite a few things about people with any criminal record not be allowed into Canada.

If I were you, I would reconsider vancouver as my boarding point. Especially that this seems to be a big thing right now with them. Apparently is always has been, but it's easy to check now.

[stbk1998]

my cruise so the home port is Seattle.

 

My misdemeanor charges aren't DUI or drug related, nor was any violence involved. I plan to have my record expunged, but I still have two more years of informal probation.

 

I've traveled to England, Italy, Egypt, Spain and Portugal since my conviction and hasn't received any problems when going through their customs/immigration process. The only thing is that US Immigration/Customs pulls me aside upon returning home to make sure that I'm not traveling with my ex (we have restraining orders against each other). Apparently, many people travel with the person(s) who they are not legally to be around! LOL!

 

I didn't think that it would be so problematic to enter Canada, but I'm wrong.

[mollyeilis]

Googling...

 

http://www.ramsaydevore.com/canada.html

 

At the very bottom: "Finally, there is a permit process that requires prior application and may permit an otherwise excludable person to enter Canada. Information on the permit is on the consulate general's web-site, permits a visit of up to 30 days.

 

Although there are several ways individuals can overcome criminal inadmissibility, there is no short and easy way to do it."

 

 

http://www.amtrakcascades.com/BorderCrossing.aspx

 

"Criminal convictions: If you have any misdemeanor or felony conviction -- including a drunk driving conviction -- contact the appropriate government agency before travel to determine if the other country will allow you to enter."

 

 

 

Here's a good one: http://www.cic.gc.ca/english/visit/inadmissibility.html There's an FAQ link in there.

 

 

 

Sounds like people are saying that even the Seattle departure won't keep you from this issue, that the fact that it DOES have a stop in Canada means the ship has to be cleared by customs, which means your info might be looked at.

[Ephraim]

Even if you stay on the ship, you need to be cleared through Canada Customs and Immigration. So far we haven't heard what Canada Customs and Immigration does. Don't assume anything.

 

This is what the CIC's website says:

 

Whether you are planning to visit, work, study or immigrate, if you have committed or been convicted of a criminal offence, you may be prohibited from entering Canada.

 

 

Criminal offences include both minor and serious offences such as theft, assault, dangerous driving, driving while intoxicated and manslaughter, among others. For a complete list of criminal offences in Canada, please consult the Canadian Criminal Code.

 

 

If you have juvenile convictions (convictions for crimes committed while under the age of 18), you are most likely not prohibited from entering Canada.

 

 

 

It depends on the nature of the crime, but minor offenses need 5 years and major offenses need 10 years to apply for to be "deem rehabilitated". The paperwork can be processed by the embassy or by a consulate. It costs C$200 unless a minister is required for approval (I assume that Martha Stewart needed Ministerial approval to get a visa, for example) Ministerial approval is another C$800 but is rarely needed. From my understanding, this is a once in a lifetime document. Once you have it, you can freely enter Canada (though I would keep a copy on me, when traveling.)

 

A full unconditional pardon should also be acceptable. Again, verify with the Embassy or consulate.

 

 

Even if you have not had a problem in the past, expect to have them in the future. The Canadian government's access to your criminal record is part of the current US administration's "War on Terror" and more and more countries now have access to your records. The reason that Canada wasn't stopping more people before was because they didn't have full access to the databases. This law has always been in place, just the full access to all records has changed.

[Chmie]

You did the right thing by contacting Canada Customs with your particulars. If CC responds that you would be barred from entering Canada then you know exactly where you stand. However, if CC says you should be allowed entry ( meaning it's up to the mood of the customs agent ) then you are in a grey area. I would cancel and not risk your cash. Best of luck. :(

[stbk1998]

I've been on the phone with RC and Princess.

 

Both are aware of Canada's policy against letting in tourists with criminal records, so they advised me to book a trip that starts and ends from Seattle or SF. Both cruise lines will not prohibit passengers with criminal records from boarding, as long as the customer is not wanted by the country that the ship sails under.

 

Furthermore, while all passengers are required to fill out a Canadian immigration/custioms card, it does not prevent an individual from boarding the ship. If Canadian officials have issues with the passenger then the passenger will just not disembark at the Canadian ports (in this case, it's Prince Rupert, B.C.).

 

So it seems that I'm good to go, just waiting to hear back from the Canadian Consulate.

[ladycaveat]

I have to tell ya all than I am shocked that Canada won't let anyone cross their borders with a simple misdemeanor conviction. My goodness . . . in Virginia, one could be charged with a misdemeanor for something as innocent as driving one's car without their OL in their possession (it was left in your other purse . . . the one left on the dresser when you changed purses) . . . or making a nasty phone call to an ex husband or boyfriend . . . or staying at a park after dark. I mean, there are misdemeanors and then there are misdemeanors . . . I can't believe Canada wouldn't look at exactly what the misdemeanor conviction was for. Driving Drunk, Domestic Assault, A&B, possession of MJ, theft or lots of other misdemeanors . . . I could understand. But not all misdemeanor convictions are the same.

[Sally Forth]

I emailed my cousin who works for Canada Customs and he jokingly said that only professional athletes are allowed in with criminal records. It might take a while to get an answer from the consulate. Canada Customs is totally bogged down right now because everyone is getting passports so they can travel to the US.

 

Viv

[karen sharpe]

I would discuss this with your probation officer.

[stbk1998]

I'm on informal probation, which means that I do not have to report to a probation officer.

 

The judge knew that I liked to travel, which is why he gave me "informal" probation instead of regular probation. This way I can travel without having to get approval from the court. It just means that I cannot get into any more trouble (besides traffic violations) for 3 years (two more to go), which is where the "informal" part comes into play.

 

In this country misdemeanors cover a whole array of "criminal" acts, from resisting arrest at a protest to DUI. The thing with Canadian law is it doesn't matter if it's "not that serious" here, it depends on how serious the Canadians consider the offense. My offense is for harassment and annoyance and I don't know how serious such offenses are in Canada; however, a DUI in this country may be a misdemeanor, but it is a serious serious offense in Canada (it's considered a felony there).

[pg.]

LadyCaveat, while Iagree totally that not all misdemeanors are the same, and some really are harmless accidents( forgetting to renew insurance etc.) ,, the point is border guards cannot go through each case individully. I mean the USA is still demanding passports for ALL children who fly into your country, even BABIES, and we all know babies are harmless.,, but rules have to apply evenly to be better enforced.

So perhaps your tone of " I can't believe Canada" could be changed into," what a shame OUR countries have to adopt more and stringent security measures to protect ALL of us against a sick and evil group of wackos terrorists( gee did I actually just say that, LOL )

[karen sharpe]

Yes PG you said it... and you said it very well...Sorry stbk you did say you didn't have a prob. officer but through your legal problems you must have legal counsel ....a lawyer with some international law knowledge??

It seems Ephraim has given you very valuable info. Good Luck !

[Ephraim]

I have to tell ya all than I am shocked that Canada won't let anyone cross their borders with a simple misdemeanor conviction. My goodness . . . in Virginia, one could be charged with a misdemeanor for something as innocent as driving one's car without their OL in their possession (it was left in your other purse . . . the one left on the dresser when you changed purses) . . . or making a nasty phone call to an ex husband or boyfriend . . . or staying at a park after dark. I mean, there are misdemeanors and then there are misdemeanors . . . I can't believe Canada wouldn't look at exactly what the misdemeanor conviction was for. Driving Drunk, Domestic Assault, A&B, possession of MJ, theft or lots of other misdemeanors . . . I could understand. But not all misdemeanor convictions are the same.

 

Sorry, but the US is EXACTLY the same, if not worse. If you are barred at the US border, there is no system in place to ask for third party intervention. A US Border guard can ban someone from visiting the US for 10 years just because they feel like it and there is no one to appeal the decision to.

[Liz54]

I have to tell ya all than I am shocked that Canada won't let anyone cross their borders with a simple misdemeanor conviction. My goodness . . . in Virginia, one could be charged with a misdemeanor for something as innocent as driving one's car without their OL in their possession (it was left in your other purse . . . the one left on the dresser when you changed purses) . . . or making a nasty phone call to an ex husband or boyfriend . . . or staying at a park after dark. I mean, there are misdemeanors and then there are misdemeanors . . . I can't believe Canada wouldn't look at exactly what the misdemeanor conviction was for. Driving Drunk, Domestic Assault, A&B, possession of MJ, theft or lots of other misdemeanors . . . I could understand. But not all misdemeanor convictions are the same.

 

 

I think you should consider looking into what your US customs regulations are. Do you know, for example that the US has a regulation allowing your authorities to bar entry to people living with AIDS? I work for an AIDS hospice in Canada and I know from direct experience that this is true. I am not refering to people wanting to move to the US, but people wishing to visit.

Furthermore I have a friend with a 30 year old grass conviction, who is unable to travel to and in the US. He has turned out to be a multimillionaire so he manages to find other pleasant places to visit. So, before throwing stones.....

[ladycaveat]

LadyCaveat, while Iagree totally that not all misdemeanors are the same, and some really are harmless accidents( forgetting to renew insurance etc.) ,, the point is border guards cannot go through each case individully. I mean the USA is still demanding passports for ALL children who fly into your country, even BABIES, and we all know babies are harmless.,, but rules have to apply evenly to be better enforced.

So perhaps your tone of " I can't believe Canada" could be changed into," what a shame OUR countries have to adopt more and stringent security measures to protect ALL of us against a sick and evil group of wackos terrorists( gee did I actually just say that, LOL )

 

What can I say? I'm a criminal defense attorney. Tee Hee!!!!!

[ladycaveat]

Sorry, but the US is EXACTLY the same, if not worse. If you are barred at the US border, there is no system in place to ask for third party intervention. A US Border guard can ban someone from visiting the US for 10 years just because they feel like it and there is no one to appeal the decision to.

 

I knew secruity had tightened after 9/11 but I had no idea that a misdemeanor conviction could keep someone out of the US, Canada or any other country. Guess I'd better start informing my clients of that fact . . . actually, I think I'd better inform the entire Loudoun County Bar to tell their clients about this. Thanks for the info . . .

[goneclear]

stbk1998, forget the hassel, just take a caribbean cruise.

(yuh welcome dong here mon:))

[ladycaveat]

I think you should consider looking into what your US customs regulations are. Do you know, for example that the US has a regulation allowing your authorities to bar entry to people living with AIDS? I work for an AIDS hospice in Canada and I know from direct experience that this is true. I am not refering to people wanting to move to the US, but people wishing to visit.

Furthermore I have a friend with a 30 year old grass conviction, who is unable to travel to and in the US. He has turned out to be a multimillionaire so he manages to find other pleasant places to visit. So, before throwing stones.....

 

I only practice criminal law . . . know nothing about civil law which includes imigration and custons regulations. I have quite a few clients that are hispanic and are in this country illegally and I do know that certain convictions lead to deportation. Felonies and misdemeanor crimes of moral turpitude will cause a detainer placed on them and, if found guilty . . . it's an automatic ticket home.

 

Think I need to have a nice long talk with my son. He's an officer in the Coast Guard (helicopter pilot) and while his main job is SAR (search and rescue) and stopping illegal drugs from coming into the US (he chases those "fast boats" in his helicopter until a cutter can get to them) . . . he also does border patrol to try to keep illegal aliens from coming into the country. He probably knows more about this than I ever will.

[ladycaveat]

You know, I have a feeling that the folks from Canada thought I was somehow picking on them when I said I couldn't believe Canada wouldn't let someone in their country because they had a misdemeanor. Believe me . . . that is not the case . . . the OP could have said the US, England, Mexico or anywhere in the world and I would responed the same way. I love Canada, I love the people from Canada . . . my secretary is from Montreal. Please don't think I was picking on Canada.

 

This is what I get for taking a day off from work (the painters are painting upstairs . . . I'm getting ready to put my house on the market). I "play" on the computer and make everyone mad at me . . . :(