Visitors with minor criminal records turned back at the Canadian border

[Raineyrocks]

 Going to Canada? Check your past
Visitors with minor criminal records turned back at border

SF Chronicle| February 23, 2007
C.W. NEVIUS

There was a time not long ago when a trip across the border from the United States to Canada was accomplished with a wink and a wave of a driver's license. Those days are over.

Take the case of 55-year-old Lake Tahoe resident Greg Felsch. Stopped at the border in Vancouver this month at the start of a planned five-day ski trip, he was sent back to the United States because of a DUI conviction seven years ago. Not that he had any idea what was going on when he was told at customs: "Your next stop is immigration.''

Felsch was ushered into a room. "There must have been 75 people in line," he says. "We were there for three hours. One woman was in tears. A guy was sent back for having a medical marijuana card. I felt like a felon with an ankle bracelet.''

Or ask the well-to-do East Bay couple who flew to British Columbia this month for an eight-day ski vacation at the famed Whistler Chateau, where rooms run to $500 a night. They'd made the trip many times, but were surprised at the border to be told that the husband would have to report to "secondary'' immigration.

There, in a room he estimates was filled with 60 other concerned travelers, he was told he was "a person who was inadmissible to Canada.'' The problem? A conviction for marijuana possession.

In 1975.

Welcome to the new world of border security. Unsuspecting Americans are turning up at the Canadian border expecting clear sailing, only to find that their past -- sometimes their distant past -- is suddenly an issue.

While Canada officially has barred travelers convicted of criminal offenses for years, attorneys say post-9/11 information-gathering, combined with a sweeping agreement between Canada and the United States to share data, has resulted in a spike in phone calls from concerned travelers.

They are shocked to hear that the sins of their youth might keep them out of Canada. But what they don't know is that this is just the beginning. Soon other nations will be able to look into your past when you want to travel there.

"It's completely ridiculous,'' said Chris Cannon, an attorney representing the East Bay couple, who asked that their names not be used because they don't want their kids to know about the pot rap. "It's a disaster. I mean, who didn't smoke pot in the '70s?''

We're about to find out. And don't think you are in the clear if you never inhaled. Ever get nabbed for a DUI? How about shoplifting? Turn around. You aren't getting in.

"From the time that you turn 18, everything is in the system,'' says Lucy Perillo, whose Canada Border Crossing Service in Winnipeg, Manitoba, helps Americans get into the country.

Canadian attorney David Lesperance, an expert on customs and immigration, says he had a client who was involved in a fraternity prank 20 years ago. He was on a scavenger hunt, and the assignment was to steal something from a Piggly Wiggly supermarket. He got caught, paid a small fine and was ordered to sweep the police station parking lot.

He thought it was all forgotten. And it was, until he tried to cross the border.

The official word from the Canadian Border Services Agency is that this is nothing more than business as usual. Spokesman Derek Mellon gets a little huffy when asked why the border has become so strict.

"I think it is important to understand that you are entering another country,'' Mellon says. "You are not crossing the street.''

OK, but something changed here, didn't it?

"People say, 'I've been going to Canada for 20 years and never had a problem,' '' Lesperance says. "It's classic. I say, 'Well, you've been getting away with it for 20 years.' ''

A prior record has always made it difficult to cross the border. What you probably didn't know was that, as the Canadian Consulate's Web site says, "Driving while under the influence of alcohol is regarded as an extremely serious offense in Canada.''

So it isn't as if rules have stiffened. But what has changed is the way the information is gathered. In the wake of 9/11, Canada and the United States formed a partnership that has dramatically increased what Lesperance calls "the data mining'' system at the border.

The Smart Border Action Plan, as it is known, combines Canadian intelligence with extensive U.S. Homeland Security information. The partnership began in 2002, but it wasn't until recently that the system was refined.

"They can call up anything that your state trooper in Iowa can,'' Lesperance says. "As Canadians and Americans have begun cooperating, all those indiscretions from the '60s are going to come back and haunt us.''

Now, there's a scary thought. But the irony of the East Bay couple's situation is inescapable. Since their rowdy days in the '70s, they have created and sold a publishing company, purchased extensive real estate holdings and own a $3 million getaway home in Lake Tahoe.

"We've done pretty well since those days,'' she says. "But what I wonder is how many other people might be affected.''

The Canadian Border Services Agency says its statistics don't show an increase in the number of travelers turned back. But Cannon says that's because the "data mining'' has just begun to pick up momentum.

"It is too new to say,'' he says. "Put it this way. I am one lawyer in San Francisco, and I've had four of these cases in the last two years, two since January. And remember, a lot of people don't want to talk about it (because of embarrassment).''

Asked if there were more cases, attorney Lesperance was emphatic.

"Oh, yeah,'' he says. "Just the number of calls I get has gone up. If we factor in the greater ability to discover these cases, it is just mathematically logical that we are going to see more.''

The lesson, the attorneys say, is that if you must travel to Canada, you should apply for "a Minister's Approval of Rehabilitation" to wipe the record clear.

Oh, and by the way, if you don't need to travel to Canada, don't think you won't need to clear your record. Lesperance says it is just a matter of time before agreements are signed with governments in destinations like Japan, Indonesia and Europe.

"This,'' Lesperance says, "is just the edge of the wedge.''

Who would have thought a single, crazy night in college would follow you around the world?
   
   

[eques]

"I think it is important to understand that you are entering another country,'' Mellon says. "You are not crossing the street.''

Indeed, he's right.  You're not crossing some physical barrier--you're traversing across an imaginary line.

[Lloyd Danforth]

Screw Canada

[KBCraig]

"I think it is important to understand that you are entering another country,'' Mellon says. "You are not crossing the street.''

Indeed, he's right.  You're not crossing some physical barrier--you're traversing across an imaginary line.

And in some cases, that imaginary line is just "crossing the street".

[Lloyd Danforth]

http://en.wikipedia.org/wiki/Beebe_Plain,_Vermont

[Dreepa]

Screw Canada

Blame Canada!!!!!!!


http://en.wikipedia.org/wiki/Blame_Canada

[Spencer]

DUI is considered a felony in Canada; a conviction is not necessary for you to be excluded -- participation in a "diversion" program (to avoid a conviction) is considered the same as a conviction.

Enjoy Canada, it is only about 20 years ahead of the United States in stupid feel-good laws.

By the way, I like that Bush is probably ineligible for entry into Canada (not that that's stopped him):

DUI Stops Bush From Freely Entering Canada

Published: 11/03/2000 Author: Rebecca Cooper

Even if George W. Bush is elected president, he may need special permission to get into Canada because of his arrest for drunken driving.

The Republican candidate for president acknowledged for the first time on Thursday that he was arrested for driving under the influence on Labor Day weekend in 1976, near his family home in Kennebunkport, Maine.

According to Canada's Criminal Code, Bush is deemed an "inadmissible" person, in violation of Section 19 (2) (a.1) of the Immigration Act of Canada.

In other words, he has committed a crime considered an indictable offense in Canada, and, because of that he is banned.

Alternative Entry Points - Luckily for Bush, if he is elected president of the United States Nov. 7 and is invited to any gatherings of heads of state in Canada, since his offense is more than five years old, there are ways for him to gain entry without breaking federal law.

"He is going to have to go through what's called the rehabilitation process. The rehab takes a while and it would be somewhat demeaning for a president of the United States. He would have to go through a series of steps, including getting letters from friends saying he has cleaned up his act. If he wanted to come to Canada before completing the lengthy rehab process, he would need the permission of a senior immigration official," immigration lawyer Colin R. Singer tells ABCNEWS.

Has He Reformed? - According to a "rehab check list" compiled by the Canadian law firm of Larson, Bryson & Boulton, the Canadian government considers several factors when determining whether a person wanting entry to Canada has truly rehabilitated themselves from their criminal offense and deserves entry, including: acceptance of responsibility for the offense; evidence of remorse; evidence of a change in lifestyle; and, evidence of stability in employment and family life.

If Bush wants to avoid any appearance of favoritism and skip the special waiver from a senior official, it is possible to speed up the rehab process by just paying a hefty "processing fee" at the border.

And a lot of Americans with DUIs on their records manage to get in to Canada without border computers catching their previous offense and without admitting to their criminal records. Of course Singer doesn't recommend that approach for Bush. "If Bush comes to Canada or has ever been to Canada since his conviction and hides the fact that he has a prior conviction — no matter how far back — he could be excluded from Canada permanently and never allowed to return."

An Influential Law - Canadian immigration experts say the law affects numerous Americans seeking entry to Canada every month, usually when computer checks do catch the old offense.

There's even information on a Canadian fishing Web site explaining to visiting anglers how to cross into Canada with an old DUI charge. And according to Singer, "This affects professionals in the sports and entertainment industries more often than people think."

Gore and Clinton Illegal Too - Canadian attorney Darryl Larson maintains Bush has some notable company in the "inadmissible" category, contending that Canadian law bans both President Clinton and Vice President Al Gore.

"If you admit to having smoked marijuana," Larson explains, "You have admitted to an unlawful act. That would allow reasonable grounds for our immigration officers to determine that you have broken a law that, if committed in Canada, would be subject to prosecution and therefore falls under this law. So this would apply to both Clinton and Gore." Larson and Singer say a president of the United States can expect to bypass the rehab process and be given special permission to enter fairly quickly.

But a special waiver is good for only 30 days. "If George W. Bush wants to come to Canada for more than 30 days to vacation here, like President Roosevelt used to do, or if he decides he wants to live or work here," Larson contends, "He's going to have to go through the Canadian rehabilitation process. It's the law."

http://www.freerepublic.com/forum/a3a0480445e44.htm

[CNHT]

Well Canada has always been a police state. In 1972 they ransacked my van several times as I went back and forth over the line.

[CNHT]

Gore and Clinton Illegal Too - Canadian attorney Darryl Larson maintains Bush has some notable company in the ?inadmissible? category, contending that Canadian law bans both President Clinton and Vice President Al Gore.

As far as I am concerned these three should be declared illegal here too.. LOL

[KBCraig]

It's worth noting that the US has had some arbitrary and capricious restrictions in place for decades. Canada is catching up because we shared our criminal history database with them.

I received an Article 15 for DWI in Germany, in 1987 (stopped by the MPs, off-post). The legal BAC limit was 1.00; mine was 1.01.

That doesn't show up on my driving or criminal record. I imagine we'll try to cross into Canada at some point, so we'll see if it shows up on the "joint US/Canada" system.

But at least I know enough that if they try to divert me into "secondary screening", I'll tell them, "You know what? I didn't like Canada all that much when I landed at Gander AFB in 1989. Where do I turn around?"

Kevin

[Lloyd Danforth]

Damn Kevin, with my Article 14, Summary and General Courtmartials, I guess I'm lucky to be allowed in this country, much less Canada.

[money dollars]

I received an Article 15 for DWI in Germany, in 1987 (stopped by the MPs, off-post). The legal BAC limit was 1.00; mine was 1.01.

That doesn't show up on my driving or criminal record. I imagine we'll try to cross into Canada at some point, so we'll see if it shows up on the "joint US/Canada" system.

It doesn't.

I got 2 field grade article 15s(AWOL and failing a drug test) and don't have any problem crossing the boarder.

[Lloyd Danforth]

What?  No Real Courtmartials?

[money dollars]

 no, they liked me. It made them felt bad when they had to punish me.