june2006

Ballplayers headed to Canada to play ball, take note

June 9, 2006

Canada


Its a good thing that ballplayers would never drink and drive.


This relates to anyone trying to enter Canada with a DWI on their
record:


I checked a bit and found:


DWI Conviction: Canadian authorities are reported to be refusing
admission to drivers with a DWI conviction in the USA.  Such
records are immediately available on Canada Immigration computers
and may show convictions as far back as 20 years ago.  Those
with such convictions may be able to get a waiver for up to 30
days visitation upon payment of a $200 (Canadian) fee.  A single
DWI conviction may be permanently expunged from the Canadian
computers for payment of $400 (Canadian).   Canadian officials
are reported justifying the fees because they feel DWI is a serious
crime and it is a way of keeping "undesirables" out of Canada.
 The law, which has been in effect since 1978, has not been evenly
or consistently enforced. However, reports in October 1999 indicate
more and more drivers with USA DWI conviction records are being
refused admission to Canada without paying extra fees.


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.



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.



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.




Almost all convictions (including DUI, DWI, reckless driving,
negligent driving, misdemeanor drug possession, all felonies,
domestic violence (assault IV), shoplifting, theft, etc) can
make a person inadmissible to Canada, regardless of when they
occurred. For this reason, it is not recommended that persons
with past convictions attempt to enter Canada without first obtaining
necessary documents. It is always the final decision of officers
at ports of entry to decide whether a person should be allowed
into Canada.³



If you still have questions, you should contact your local Canadian
consulate or a Canadian immigration attorney. Please note that
if you have had a DUI/DWI (Driving Under the Influence / Driving
While Intoxicated) or other criminal record offence, you should
consult with your local Canadian consulate or an immigration
attorney as soon as possible to confirm your eligibility for
entry into Canada.



INADMISSIBLE CLASSES:


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



In Canada, driving while intoxicated (DWI) is considered a felony.
Anyone with a criminal record may be refused entry into Canada.
Those convicted of DWI are considered "members of an inadmissible
class."


There are some exceptions. For example:


• If five years have passed since the end of the sentence imposed
for the DWI offense, a person can apply for "Approval of Rehabilitation."
If approved, the inadmissibility status arising from the DWI
no longer holds.


• If less than five years have passed, or if the person is seeking
a single or limited-time visit, he or she can apply for a Temporary
Resident Permit.


Contact a Canadian consulate or embassy to verify your status
and more specifics. Go to: canadianembassy.org/immigration/inadmissible-en.asp.




Entry requirements: When entering from the United States, U.S.
citizens must show either a U.S. passport or proof of U.S. citizenship
and photo ID. U.S. citizens entering Canada from a third country
must have a valid passport. A visa is not required for U.S. citizens
for a stay up to 180 days. Anyone with a criminal record (including
a DWI charge) should contact the Canadian Embassy or nearest
Canadian consulate before travel.



If a US citizen or other non-Canadian citizen is convicted of
a DUI offence in the USA or a dui offence in any country other
than Canada, the DUI offender will be inadmissible to Canada
on grounds of criminality, unless rehabilitated, because the
DUI offence is deemed to be a Canadian DUI offence and all Canadian
DUI offences are deemed indictable (similar to a US felony -
see above) unless the Crown has elected to proceed with the DUI
offence by summary conviction (which will never have happened
because the DUI offense occurred outside Canada. The situation
will be different if the DUI offence occurs in Canada and the
Crown elects to proceed by summary conviction which they normally
do.



What do you do if you have DWI convictions on your record, even
old ones dating back a decade or more? You can contact a U.S.
attorney knowledgeable in this area and seek to have your record
purged. Alternately, you can look into getting what's called
at "Minister's Permit." The procedures for doing that can be
found at the following Web site: cic.gc.ca/english/applications/rehabil.html.



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