Lost Target Calendar & Information > Border Crossing > Border Crossing > Entering Canada > Going to Canada? Check your past |
Lost Target Calendar & Information > Border Crossing > Border Crossing > Entering Canada > Going to Canada? Check your past |
| Moderated by: losttarg |
|
||||||||||||||
| Going to Canada? Check your past | Rate Topic |
| Author | Post |
|---|
| Posted: 23-02-2007 12:35 pm |
|
1st Post |
|
losttarg Administrator 
|
Visitors with minor criminal records turned back at border San Francisco Chronicle - Feb 2007 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?
|
||||||||||||||
| |||||||||||||||
| Posted: 23-02-2007 12:45 pm |
|
2nd Post |
|
losttarg Administrator
|
Persons who are inadmissible to Canada Government of Canada Members of Inadmissible Classes include those who have been convicted of MINOR OFFENCES (including shoplifting, theft, assault, dangerous driving, unauthorized possession of a firearm, possession of illegal substances, etc.), or of INDICTABLE CRIMINAL OFFENCES (including assault with a deadly weapon, manslaughter, etc.). As well, those who have been convicted of DRIVING WHILE INTOXICATED (DWI) are considered Members of an Inadmissible Class. Driving while under the influence of alcohol is regarded as an extremely serious offence in Canada. Those who have received TRAFFIC VIOLATIONS (including parking/speeding tickets, etc.) and other minor violations (i.e. littering, etc.) most likely will NOT be prohibited from entering Canada. Similarly, those who have JUVENILE CONVICTIONS (convictions for crimes committed while under age 18) most likely will NOT be prohibited from entering Canada unless they could have been tried as an adult for their offences. TEMPORARY RESIDENT PERMIT, APPROVALS OF REHABILITATION, AND PERMISSION TO RETURN TO CANADA: Those who have been convicted of an offence IN CANADA who wish to return to Canada must first apply for a PARDON from the CLEMENCY AND PARDONS DIVISION OF THE NATIONAL PAROLE BOARD. A Pardon permanently erases the Canadian criminal record, and any consequences of inadmissibility resulting from it. Those unable to obtain a pardon may still apply for a TEMPORARY RESIDENT PERMIT. For more information on pardons, contact: NATIONAL PAROLE BOARD, Clemency and Pardons Division, 340 Laurier Avenue West, Ottawa, Ontario, Canada, K1A 0R1. Those who have been convicted of an offence OUTSIDE CANADA, and have had 5 years elapse since the termination of the custodial portion (if any) of the sentence imposed (not the sentence served), may apply for a Minister's APPROVAL OF REHABILITATION. The Minister's Approval will permanently remove the inadmissibility caused by conviction. If less than 5 years have elapsed, or if persons are only seeking entry to Canada for a single or limited period, then they may apply for a TEMPORARY RESIDENT PERMIT. Those subject of a previous DEPORTATION ORDER FROM CANADA require PERMISSION TO RETURN TO CANADA before they can enter Canada. As well, those who have been subject of an EXCLUSION ORDER within the past 12 months require Permission to Return to Canada before they can re-enter Canada. **NOTE: In general, applications for Temporary Resident Permits, Approvals of Rehabilitation and Authorization to Return to Canada take into consideration the nature of the offenses committed by the applicant, the number of offenses on the applicant's record, the length of time since the last offense, reports from parole or probation officers, the purpose for which entry into Canada is sought, and the applicant's standing in the community. APPLYING FOR A TEMPORARY RESIDENT PERMIT, APPROVAL OF REHABILITATION, OR PERMISSION TO RETURN TO CANADA: Persons may apply for a Temporary Resident Permit, Approval of Rehabilitation, or Permission to Return to Canada either in Canada or at a Canadian Visa office outside of Canada. http://www.cic.gc.ca/english/information/offices/missions.asp **NOTE: Be sure to visit the website of the Canadian Visa Office that will be processing your application to confirm hours of operation, processing times, documents/forms required, and other instructions. Application Forms may be obtained from the above offices. DOCUMENTATION THAT MAY BE REQUIRED BY A CANADIAN VISA OFFICE TO PROCESS TEMPORARY RESIDENT PERMIT OR APPROVAL OF REHABILITATION APPLICATIONS:
|
|||||||||||||
| ||||||||||||||
| Posted: 04-12-2007 12:13 am |
|
3rd Post |
|
losttarg Administrator
|
Canada steps up criminal background checks at border Posted by Jim Nichols December 03, 2007 You know that busybody neighbor who knows everybody's secrets and has no tolerance for anyone imperfect? Yes, that neighbor -- Canada. If you're considering a holiday visit to Niagara Falls or a Windsor casino, be advised: Canada doesn't want your company if you've ever gotten busted shoplifting, holding a joint or driving drunk. And don't think Canada doesn't know. Agreements struck in the aftermath of the Sept. 11, 2001 terror attacks have opened the border to a much freer flow of criminal-background information between Canadian and U.S. law enforcement. Now, police at the international border can access the same records available to cops at the Lakewood-Rocky River border -- including that years-old DUI. Consequently, Canadian agents at airports, bridges and other crossings are routinely turning away Yanks for some offenses considered minor or ancient back home. The Canadians and their American counterparts are using digital equipment that let them access criminal history through items such as license plates, passports and driver's licenses. And the checks are not restricted to drivers. So if you're heading for the border with this kind of blemish, you might as well scrap your travel plans, even if you sailed through without a hitch just a few years ago. "You're not getting in," says Cleveland immigration attorney David Leopold. Heather Segal, a Canadian attorney who also specializes in immigration, said her Toronto office has been handling dozens of cases for "freaked-out" Americans stuck at the border. She said the number of cases has spiked in the last year. "People are being surprised by it," Segal said. "Technology is catching up to people's history. It's not that Canada has suddenly revised its stance toward visitors. It, like the U.S. and most other nations, has long barred people convicted of serious crimes. Canada considers drunk driving to be "extremely serious," as its consulate's Web site notes. And it rejects visitors with convictions for shoplifting, theft, unauthorized gun possession -- and even dangerous driving. Derek Mellon, a spokesman for the Canadian Border Security Agency, is unapologetic. "Our regulations haven't changed and our message is the same: There are rules in place, and each person has to prove they're admissible." Mellon said his agency's statistics don't show a recent surge in travelers being turned away, but he declined to share figures. Border guards have discretion to let besmirched travelers through for short stays, Mellon and the attorneys said. But Segal warned against betting on it. "The last thing you need at Christmastime," the Toronto lawyer said, "is to have the kids and the presents all packed into the car, and then you arrive at the border and -- oops! That old skeleton pops out of the closet. And there goes Christmas."
|
||||||||||||||
| |||||||||||||||
| Posted: 19-12-2009 05:41 pm |
|
4th Post |
|
losttarg Administrator
|
Individual Rehabilitation You can apply for individual rehabilitation if at least five years have passed since you have completed all your criminal sentences and probation. To apply for individual rehabilitation, you must submit an application, and pay a processing fee Starts at $200. Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance. Deemed Rehabilitation You may be deemed rehabilitated if at least 10 years have passed since you completed the sentence imposed for your crime. Some requirements for deemed rehabilitation include:
* The offence would be punishable in Canada by a maximum term of imprisonment of less than 10 years. * DUI's would fall under the 10 year rule.
|
|||||||||||||
| ||||||||||||||
| Current time is 10:02 am | |
| Lost Target Calendar & Information > Border Crossing > Border Crossing > Entering Canada > Going to Canada? Check your past | Top |
