Need info on DUI and getting into Canada

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Bowhuntin's picture
Bowhuntin
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GREENHORN
Joined: 11/17/03

NARCS,
You are absolutely correct on this. There is no time limit for DUI or other criminal convictions, however the customs offical does have some latitude as you pointed out. I also know first hand of a situation where a 58 year old man was denied entry because he was convicted of a misdemeanor crime when he was in his early 20's. If they don't ask about your criminal history you can get in to the country, but as you say if they ask and you lie about it make sure you have extra vacation time because you'll need it.

Tonts,
I hear you, we were forced to evacuate town in "97" for a couple weeks and it sucked. I don't think it will be too bad up here however I was in Grand Forks for a meeting this afternoon and there is plenty of water on its way. I just hope it doesn't rain for a couple weeks.

You're right about the smaller crossings, I've noticed that too. At Pembina on a weekend they can get pretty tough, actually it's harder getting back into the states than it is getting into Canada. I've crossed north of Walhalla and also at Noyes, which is just on the other side of the river from Pembina and many times they just stick their head out the door and ask where you're from, where you're going, and what you will be leaving.

There is some talk about relaxing the passport requirement and only using a picture I.D. instead. I hope that goes through because if you've got a couple kids and a wife who also fish in Canada it adds to the cost of fishing real quick to start buying everyone passports.

Bowhuntin's picture
Bowhuntin
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Tonts,
Hey, what's the story with your brother and the DUI? Couldn't he find one of those crooked lawyers everyone talks about to help him beat the rap? LOL!!!!!

Tonts1's picture
Tonts1
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Joined: 11/19/02

BH, it's always hard to find a good lawyer when you need one.

marine_man's picture
marine_man
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Bowhuntin -

I live in SE ND and went to Winnipeg both times... I must look evil or something... perhaps it was the evil laugh when we pulled up to the guard shack...

buckseye's picture
buckseye
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I went through this in 2000, after the trail led me to a minister in Winnipeg I was told by his secretary the main thing to be concerned about is what your local sheriff will say about you. They do background checks just like when buying a pistol if they see a need to check you out.

"In a world gone mad only a lunatic is truly insane" Homer Simpsom

Bowhuntin's picture
Bowhuntin
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Tonts,
Hope you saw the humor in my post, I'll bet I could find a good attorney if I needed one!!

marine_man
I truly believe that the further you live from the crossing that you cross at the more influence it has on the greeting you receive.

Tonts1's picture
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Bowhuntin, I certainly did. Take care and stay dry.

snow's picture
snow
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Joined: 1/29/03

We have this same thread on NSO,man what a bunch of crap...

Is catching a few walleyes worth all the brain damage? Plenty of fantasic fishing here in the states our resorts can surely use the revenue guys know matter what state.

Giant walleyes can be had in #'s on Lake Erie all summer and don't forget about Sak or Ft Peck,some say the next world record walleye is swimming Ft Peck,just look at the "Hog Board" on their web-site.

And finally the Columbia rive,long trip but its well know'en for Huge walleyes as well other giant species of fish.

My .02

Perazzi usa
Benelli usa
Briley Chokes
 

NEB Staff's picture
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How is border crossing lately?  Need passports or birth certificates?

Have a group from down here heading up to Canada to hunt geese.  Have a DUI in the group.  Read through all this but must be missing the site where DUI guy needs to go to get in. 

Go Huskers!
 

bizzzy_b's picture
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Joined: 8/30/05

No you dont need passports or birth certificates yet. You will need them in 2008. Sometimes they will give you a hard time and ask you for them, but be nice and just say you were told that you didnt need one til 2008 because that is the law and they will let you through. Some of them like to F with you as much as they can. I find that if you pull up, smile, shut off your car, and roll the windows down they let you through pretty quick. Act like you are inviting them to search you.

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GREENHORN
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Thanks bizzy.  I won't be going myself, but have some guys looking to go in Oct.  They wanted the rules on bringing stuff accross, including ammo and the info on the passports along with the one fellow with the dui.  It's been almost 4 years since I lived in Minot so I'm sure things have changed since I went accross. 

Go Huskers!
 

bizzzy_b's picture
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I cross the border at Winkler about 2 times during the week in the summer for my job and then one time in Roseau just about every weekend. As for a DUI, it is 7 years until you are forgiven but they are working on changing it to 10 I believe. As for the money issue. There is no set fee, for some reason when people come to the NWA with us they have to pay $200, however some people pay less. Its kind of like they just pick a number out of a hat. To get a premit you need to do it well in advance if you expect to get across. My cousin stole from his neighboors house when he was 18, he is 42 and has been trying to get a permit for about 3 years now. They keep telling him they are workin on it but I doubt that is true. On the other hand I had a few friends who thought it would be cool to drink on the way up and when they stopped to cross they got busted. For some reason they officers just made them sit there until one of them could pass a breathalizer. Just depends on who you get.

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I found some information about traveling to Saskatchewan and their regulations on the Tourism Saskatchewan page: the link to that page is http://www.huntsask.ca/hunt/faq.asp#13

they list alot of facts about everything from documentation to bring for crossing over and Prior DUI convictions and the ways you may be permitted to cross into Canada if you've had one in the past. Good information.

If you want to become a 'good' archer become the BOW, if you want to become a 'great' archer become the ARROW....  BYRON FERGUSON

NEB Staff's picture
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Thanks tsr, that site is really helpful.

Go Huskers!
 

Bowhuntin's picture
Bowhuntin
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NEB,
Same old same old.

If your buddy with the DUI on his record wants information on getting into Canada I'd think he would be responsible enough to call the Canadian customs himself and ask them for the rules, not have you come on an internet website and ask for information for him.

Someone posted there is a 7 year limit on DUI's in Canada, if your friend wants to believe that tell him to go for it but I think he might be in for a rude awakening if they check his record when he tries to get into the Queensland.

relic's picture
relic
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I used to work on the U.S. side of the border and the best advise is to call the Canadian authorities at the border and get the information. Canada considers DUI a criminal offense and thats why you either can't get in or have to obtain what we call a waiver on our side ( I don't know what they call it now it used to be called a ministers permit). We used to get people all the time that would apply to get in and when we told them they couldn't they would say well a friend of mine has a buddy or somebody else that told me this. The trouble with that is most of the time the information is incorrect. I think the Port of Entry at Noyes, MN is closed now.

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stubby
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How do you know? Do they ask everyone crossing the border if they've had a DUI? I had one 20 years ago. Do I need to worry about it? If I just answer no - do they have anyway of checking that far in the past. I thought a DUI was off of your record after 5 years.

RecurveShooter's picture
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Here is the information form the Saskatchewan Tourism Webpage on Prior DUI convictions: this is Saskatchewan only.. dont know about other provinces

I have a previous conviction of a DUI (Driving under the influence)/DWI (Driving while impaired)

If you want to become a 'good' archer become the BOW, if you want to become a 'great' archer become the ARROW....  BYRON FERGUSON

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Hey Bowhuntin,

I own a houseboat at the Northwest Angle. My company invites its best customers to enjoy it free of charge every weekend of the summer, which means I cross every weekend of the summer (maybe miss one or two weekends). Anyway, if often occurs that one of the customers has had a DUI. We call the border and get passes for them, however, if the DUI is 7 years old they can cross without a permit(as long as there are no other offenses). On the same token if you have had two DUI's it is 14 years. I know this because my friend has to wait that long. We have also had people that cant get permits for whatever reason because of different crimes. So if you dont know what you are talking about, dont talk about it. I deal with it every year. They have been talking about prolonging it to 10 years but as of last summer it was 7. TaTa

NEB Staff's picture
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Thanks all for the info.   Found some phone #s for info him to directly to customs.  Saves a lot of time and helps with the info you all gave (except bowhuntin's ) so he knows a little what to expect when he does call.  

Go Huskers!
 

Sportsman's picture
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Who-ever it was that asked if the DUI was off your record after 5 years, it is actually 7 years. When they run a records check, if the DUI is over 7 years old it is not on there. But I sure wouldn't want to lie to them and tell them I never had a DUI (because they shouldn't be able to find it) and find out that they somehow can go back farther into the records. If you lie to them, you may get away with it (probably would) but I sure wouldn't want to get caught in that lie at the border crossing. That would be really bad. So you have ask yourself "Do you feel lucky punk? Well do ya?"

.

Bowhuntin's picture
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Sportsman,
Once again we agree!!

Seems a few want to talk smart about this. They should read tsr's post and see if they read anything about houseboats and business excemptions in there.

I could give a rats as* if you buddies get into Canada or not NEB, just trying to help, don't cry when they get to the border and get turned back. I know what the Canadian laws are regarding DUI's, and I also know some slip through, but also that some don't.

Ta Ta dipstick

Bowhuntin's picture
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Immigration Act of Canada , section: 36 (1) to (3)

Immigration/Exclusion of Visitors, Inadmissibility to Canada for Criminal Conviction

36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

[Criminality including DUI]

(2) A foreign national is inadmissible on grounds of criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or

(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

[Exceptions and Presumptions]

(3) The following provisions govern subsections (1) and (2):

(a) an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily;

(b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;

(c) the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;

(d) a determination of whether a permanent resident has committed an act described in paragraph (1)(c) must be based on a balance of probabilities; and

(e) inadmissibility under subsections (1) and (2) may not be based on an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act.

Comments : Canada's new Immigration Act excludes persons under sub-section (2) who have a criminal conviction for an offence that would constitute an indictable offence if committed in Canada. Impaired driving, over 80, and refusal are all indictable offences within the meaning of this section. Exclusion also applies to "committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament". The latter includes pending DUI's. However if there has been a pardon or a final acquittal see the (3) (b)exception.

Bowhuntin's picture
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Sportsman,
For clarification the Ta Ta dipstick wasn't aimed at you.

For insurance purposes criminal offenses drop off after a set number of years, but they aren't magically erased from your criminal record. If you've been arrested for something it's there for them to look at. And if some don't want to beleive that I could care less, just hope you aren't in the car in front of me so I get delayed.

NEB Staff's picture
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Hey, I was just asking for the site so he could call and get the info to get in.  Was thinking about the temp pass where he pays $200 or whatever.  Once he has the phone#s and heads up he'll get it taken care of.  Me, I wouldn't go.  I've got plenty to do here and in nearby states.  

You've got a funny way of "trying to help" bowhuntin. 

Go Huskers!
 

bizzzy_b's picture
bizzzy_b
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bowhuntin, who are you calling dip stick? If there is something about my post you dont agree with then let me know.

RecurveShooter's picture
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One of the many objectives of this website is to help other hunters and fisherman. Its gettin really old and it really is sad that some of you cant leave your stinkin pride at the door when you log in here. This back and forth name calling and thread bashing is for children. Why don't you grow up!!

If you want to become a 'good' archer become the BOW, if you want to become a 'great' archer become the ARROW....  BYRON FERGUSON

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What bowhuntin is trying to say is that if you get up there and say "bizzy_b from FBO said I could get in based on X, Y and Z" it won't help you much. Your best bet is to get the rules from the agency allowing the entry, not from an unrelated forum on the internet.

You can't aim a duck to death.

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And that is what we'll do Steve.  The sites with the regulations on it and the numbers to call will get this guy the direct info from the agency.  That and I don't know how long a DUI was or is, but if he has to apply for the temp. he's got that number now.  I'm not going, and if this guy that is wants to chance it, well good luck.  I gave him the #s to where they plan on crossing, the site with the rules on it, and one more, believe is was a Can. govt site or something.  Anyways, it had all the right #s on it and he'll have to call them to find exactly what he needs.  I don't think anyone said they were going to use the comments off FBO to get in.  At least I didn't.  

Basically, bowhuntin is right on that he has to call the #s to be postive of what he'll have to do.  That is what I got here and through other searching.  That and it doesn't hurt to have an idea from people who go across the border quite a bit.  I knew a bit from when I lived in Minot, I went to Can a few times.  But that was 3 years ago or so, I'd think things changed quite a bit.  

Thanks to tsr, bizzy and bowhuntin for the info and ideas.  This guy has the #s to call and find out, it will be up to him to do it right or chance it or what ever he wants.  I'll be in my treestand in Nebraska or antelopin in NW Sd at that time. : )

Go Huskers!
 

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First I apologize for going off on a tangent last night, it wasn't necessary.

Second thanks StevePike, that's exactly all I was trying to do was give accurate information, however several questioned it.

Here's something I copied off the official Citizendship and Immigration Canada website that answers frequently asked questions.

Question: In 1989, I was convicted of driving while impaired in the United States. I did not serve any time in prison and I have had no other convictions. Will I be allowed to enter Canada?

Answer: Based on your circumstances, it is possible that you would be found by an immigration officer to be rehabilitated under a system called deemed rehabilitation. Deemed rehabilitation applies to people who have one previous conviction dating back more than 10 years. If an immigration officer finds that you are deemed rehabilitated, it is likely that you will be allowed to enter Canada as long as all other requirements are also met.

I may well be someone can call Immigration from a Remote Border Crossing phone and be allowed to cross Canadian soil to get back into the USA. (Northwest Angle) The above question/answer points out that it isn't always the case, it's at the discretion of the officer. Note that the above says it's "possible." My experience has been more often than not they will hassle anyone with a DUI conviction no matter how long ago it was, and they turn many away. If others haven't had that experience that's great.

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