# Canada Passes New Border Law



## unclepaully (Nov 26, 2007)

Just wanted to pass this along. Canada has changed the law that currently bans Americans from entering with a DUI. Anyone with one DUI may enter again. This only applies if you have just one minor offense of any kind. If its more than one your still taking your chances trying to get across. Here's the link:

http://www.kenoradailyminerandnews.com/ArticleDisplay.aspx?e=3468347

This is great news, now my bro in law can actually come to Ontario with us over the next few years.


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## alex-v (Mar 24, 2005)

Good to bring this up. The article you linked to does not mention DUI convictions and the way I read it the change will be for those who were convicted of misdemeanors with jail sentences of 6 months or less.

People with a DUI have been able to get into Canada as long as the conviction was 10 or more years old. If the person had no other offenses in those 10 years the Canadian govt figured the individual was rehabilitated. If the DUI was 5 to 10 years old they had to ask for some sort of waiver. Any DUI under 5 years old and they were denied entrance at the border. There was an article in the travel section of the newspaper about a year and a half ago covering this.


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## unclepaully (Nov 26, 2007)

You're correct about everything, however this new law will allow those whose have been convicted in the last 5 years to cross. As long as they have satisfied the requirements of their sentence. The link I posted was provided by a member of the Ontario tourism board and was on the conference call with the government.
Here is another interesting statement that came out of the conference call:

"A policy announcement was made advising that effective March 01, 2012 a Special Public Policy will be put in place which will allow for a CBSA officer to grant a Temporary Resident Permit (TRP), to those individuals who have had only one minor conviction, where the sentence was less than 6 months in length. There will be no fee for this TRP, and the issuance of the TRP will be at the discretion of the CBSA official. However, it is understood that this special public policy should significantly reduce the number of inadmissible visitors to our country."

So basically there should be no fee for a TRP where as in the past it could cost around $200. Also people like my brother in law who were in convicted in 2010 were altogether banned for 5 years, this is a huge shift in the way the Canadian gov't will deal with this issue. 

The only thing I do not like about this new law is everything is still up to the discretion of the border guard. Basically if he/she is having a bad day or if you say one wrong thing they could still deny you entrance based on the past conviction. I would hope with this new law they would need something more substantial to deny entrance than just the past conviction combined with a bad day at the office.


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## kingfisher 11 (Jan 26, 2000)

As it should of been. I felt that law was just a money grab. Many of the places I hunted in northern Canada. If they imposed that law on residents, they would barely had any residents left.:lol:


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## unclepaully (Nov 26, 2007)

I agree.


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## cballzwagon (Apr 13, 2006)

I find this topic very humorous.....I got a DUI in 2000 and have been travelling to Canada on a regular basis ever since. We have a summer cottage in Ontario, travel there about every weekend in the summer and have never been stopped or questioned about the DUI. I always laugh at people who wouldn't travel to Canada because of the DUI thing.....hopefully this changes all those peoples outlook.


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## brookie1 (Jan 26, 2011)

Haven't been to Canada in at least 20 years, but all they used to do was ask where you are going. I know you need more identification now, but do they do background checks on everybody as they are crossing?


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## Priority1 (Feb 5, 2006)

This is wonderful news. I think I'll go drink to that.


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## alex-v (Mar 24, 2005)

cballzwagon said:


> .I got a DUI in 2000 and have been travelling to Canada on a regular basis ever since.


Were you convicted of the DUI or was it reduced to DWI or something even less?



brookie1 said:


> Haven't been to Canada in at least 20 years, but all they used to do was ask where you are going. I know you need more identification now, but do they do background checks on everybody as they are crossing?


They have the ability to do a background check on you as soon as you hand them your identification papers when you attempt to enter their country. Everything is recorded and saved. They, both US and Canadian border officers, can tell you the date and time when you entered Canada and the same for when you returned. And, they can tell you who you were with, what vehicle you were in and if you were pulling a trailer.



> but do they do background checks on everybody


Your whole life is now saved on a computer.


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## unclepaully (Nov 26, 2007)

cballz-
I know numerous people who were turned away at the border because of prior DUI. Two years ago I went to Ontario on a fly-in trip. The other group we were with had to buy a bus ticket for one guy in their group because of a previous DUI. They said the border agent asked about prior convictions everyone denied having any and then boom he called out the guy with the DUI. They offered to pay the fine and fill out the paper work and they still denied him. 
Over the years it all depended on what guard you were talking to and a lot of the time where it was. I've heard the crossing over in Ft. Francis(International Falls) looks really hard to find DUI cases. 
If you don't think it happens quite a bit, just go on walleye central and search posts there about people being turned away or having to pay pretty steep fines. 

In the case of my brother in law he wasn't going to pay $1,200 for a fishing trip and then cross his fingers that he didn't get asked about his DUI. Like Alex-v said with a case under 5 years it was automatic denial. This new law is a big deal.


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## brookie1 (Jan 26, 2011)

alex-v said:


> Were you convicted of the DUI or was it reduced to DWI or something even less?
> 
> 
> They have the ability to do a background check on you as soon as you hand them your identification papers when you attempt to enter their country. Everything is recorded and saved. They, both US and Canadian border officers, can tell you the date and time when you entered Canada and the same for when you returned. And, they can tell you who you were with, what vehicle you were in and if you were pulling a trailer.
> ...


Yup, I know my life is on a computer, I am in the business. I just didn't realize they did immediate background checks on everyone. I like the security though if we are doing the same thing for those trying to enter the US.


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## TIMBUCK88 (Feb 25, 2004)

Unofrtunately, I have been denied tempory access 3-times in the last 11 years over a 2000 conviction of a OUI (which is lesser than a DUI). They even gave me troubles last year for the fact that they don't start counting the 10-years off until after your probation period is up and not the date of the infraction. The customs guy was a real ass last year as he told me "if you dont like our rules here in Canada you and the rest of your friends should stay home and fish your own lakes". This was 10 yrs, 5 months and 14 days after the infraction, but I had a 6-month probation period and they went by the last day of probation.

Once you hit the border they check all in the vehicle and before they even start questioning you they have your info up on the screen in front of them. No sense it trying to lie about past convictions as it just makes matters worse. 

Glad to hear the good news as we are making a trip over to Simcoe next week and my fishing partner had a DUI conviction in 2008 and has not joined us since the conviction. Thanks for sharing!!


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## alex-v (Mar 24, 2005)

brookie1 said:


> I like the security though if we are doing the same thing for those trying to enter the US.


Oh, the US Homeland Protection is doing the same thing just more so.


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## TK81 (Mar 28, 2009)

My understanding is that Canada makes no distinction between impaired and drunk convictions. Also, they do not consider these offenses misdemeanors, they treat them both as felonies. Happened to me. Wife's family is from Ontario and we do the fishing thing at least one week a year. I also do some business with tool and prototype shops there. I got popped in 2003 and went to court in 2004. Guilty of impaired. 2 yrs probation. Crossed the border 12 to 15 times between conviction and 2011. Always asked by border police, "have you ever been convicted of a felony or denied entry into Canada?". I always said no. Well, last summer was headed to a die shop to buy off on some tools. Border guy asks same question to the three of us in the car. One guy I am with says yes, he has been denied entry. He had been busted for working there without a work permit. Anyway we all had to go inside. Other guy was apologizing to us for the inconvenience. I was the last one to be interviewed. Border guy says to me, "why did you not report your felony conviction?". I said I didn't have any. He then told me that when they bring you inside, they do a thorough check and that I came back with an alcohol offense, and that they make no distinction between impaired and drunk. He went on to say that once you are denied entry, you will get hassled every time you cross. Guy I work with confirmed that he gets the treatment everytime. He also said that you can roll the dice and not tell the booth person about the previous entry denial, but if they do run you through the computer and find you being dishonest, they get a little more unfriendly. They have the right to hold you until you see a judge on the unlawful entry attempt. Border guy was friendly, but I wasn't getting in. He told me to go to the Canadian Consulate or to wait ten years from the expiration of my probation (2016). 

If they changed this stupid law, I will have to get the detail. I still haven't got around to calling the Canadian consulate. Family obligations negate any fishing trip for me this summer, so I have been in no hurry...and now I can tell my manager to send one of the other chumps to Canada for run offs and buy offs.


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## alex-v (Mar 24, 2005)

I still do not think that the article mentioned in the first message says that they are going to relax the felony restrictions that they have on driving while under the influence or while impaired. It really does read as that they are going to be relaxing the restrictions on those who were convicted of what they consider minor offenses. I really doubt that DUI and OWI are minor offenses if the Ontario govt considers them to be felonies.

The first two paragraphs in the artice:


> A temporary cure for the tourism industrys border blues was announced Friday, making it easier for Americans, who have minor criminal histories, to cross.
> 
> Under the Tourism Facilitation Action Plan, Americans with a single indictable offence in their criminal histories, for which they served less than six months in jail, are less likely to be turned back at the border.


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## cballzwagon (Apr 13, 2006)

Mine was reduced to OUI or OUIL, so not sure if it makes a difference. Maybe the fact that I cross so much they don't pay close attention to my criminal history.... Not sure how I get across so easily and others have problems. I hate the fact that they can make up the rules as they go and they seem different for everyone. Hopefully this new rule levels the playing field and most common criminals(ha!) like myself continue to be able to cross the border and enjoy the great land to the north.


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## TK81 (Mar 28, 2009)

cballzwagon said:


> Mine was reduced to OUI or OUIL, so not sure if it makes a difference. Maybe the fact that I cross so much they don't pay close attention to my criminal history.... Not sure how I get across so easily and others have problems. I hate the fact that they can make up the rules as they go and they seem different for everyone. Hopefully this new rule levels the playing field and most common criminals(ha!) like myself continue to be able to cross the border and enjoy the great land to the north.


They just haven't run you through the computer. Same thing was going on with me for 7 years. Crossed multiple times with no issues, until I crossed with a guy who had been denied previously. Canada does not differentiate between impaired and drunk.


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