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Canada access for those that have been rejected

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Hey all, here's something I came across the other day. Basically it's for folks that have either a criminal background or DUI keeping them from entering Canada. Apparently DUIs are felonies over there and seriously frowned upon. You can either apply for a temporary resident permit (or something like that) where they review your offense and make a discretionary call (not on the spot) or you fill out this "Application for Criminal Rehabilitation" which allows, if approved, you to legally enter Canada and for them to stop rejecting you due to that offense. It's some good reading and worth looking into if you've ever been rejected entry by the Canucks.

Click here for the Canuck web link

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Basically it's for folks that have either a criminal background or DUI keeping them from entering Canada. Apparently DUIs are felonies over there and seriously frowned upon.

 

As they should be - Wish they were treated even more harshly here as well. madgo_ron.gif

 

. It's some good reading and worth looking into if you've ever been rejected entry by the Canucks.

Click here for the Canuck web link

 

Tell me again why we're reading about how to avoid customs and skirt repercussions from past mistakes? hellno3d.gif

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So all those with an American conviction for say weed possession can come to Canada where such activity is considered socially acceptable thumbs_up.gif

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Tell me again why we're reading about how to avoid customs and skirt repercussions from past mistakes? hellno3d.gif

 

So they can go climbing

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I agree that DUI is a serious offense and should not taken lightly -- but this link (and this thread) has nothing to do with getting around customs -- it actually has to do with acknowledging your crime and seeking official pardon (or "rehabilitiation") for it.

 

Seems to me that that's very different from skirting customs -- it's working WITH customs officials.

 

Do you agree with that distinction?

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A DUII is a felony in Oregon and Washington… however almost always first time offenders are offered diversion such that it doesn’t appear on the individuals record if they complete the diversion requirements. I personally can’t comment on how a felony conviction in the US vs. CAN is viewed (i.e. is one country softer about a criminal history), but they both consider a DUII a felony.

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A DUII is a felony in Oregon and Washington… however almost always first time offenders are offered diversion such that it doesn’t appear on the individuals record if they complete the diversion requirements. I personally can’t comment on how a felony conviction in the US vs. CAN is viewed (i.e. is one country softer about a criminal history), but they both consider a DUII a felony.

 

pursuant to RCW 46.61.502(5), Driving Under the Influence "is a gross misdemeanor."

 

And no, most first time offenders are not offered differed prosecutions. Unless they have a good lawyer, of course. grin.gif

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A DUII is a felony in Oregon and Washington… however almost always first time offenders are offered diversion such that it doesn’t appear on the individuals record if they complete the diversion requirements. I personally can’t comment on how a felony conviction in the US vs. CAN is viewed (i.e. is one country softer about a criminal history), but they both consider a DUII a felony.

 

pursuant to RCW 46.61.502(5), Driving Under the Influence "is a gross misdemeanor."

 

And no, most first time offenders are not offered differed prosecutions. Unless they have a good lawyer, of course. grin.gif

 

Actually, if you agree to a breath test if offered and are under about .15 you can request a deferred setence. You will need to have an ignition interlock in your car, admit you have a substance abuse problem and attend substance abuse counseling. but it is possible. The rules have changed this summer.

 

My wife is writing up the bench book for sentencing guidelines for Washington state this summer and it should be in the hands of your favorite judge by this fall.

 

The best thing to do under the current law (if you arn't too wasted) is to agree to everything, admit you have a problem and go deffered. You are pretty much garenteed to get off, albeit with several hundred $ of new electronics in your car and the prospect of not ever drinking again.

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Thats a differed sentance you speak of. You'll still have to plead guilty, and it DOES go on your record.

 

 

 

 

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Actually you don't even need an lawyer anymore. They are trying to promote deffered sentences. If it is your first offense and you plead guily it is pretty much automatic. And yes it does go on your record.

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Nope this is statewide. The new guidelines went into effect sometime in July. That is why my wife is compiling the judges bench book.

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Weed is socially acceptable in Canada? The only night I ever spent in jail was for asking a cop if he wanted to get high (1975, in a prairie town)

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Actually you don't even need an lawyer anymore. They are trying to promote deffered sentences. If it is your first offense and you plead guily it is pretty much automatic. And yes it does go on your record.

 

Deferred sentencing is kind of silly concept. Just a way of getting around mandatory sentancing guidelines. Which is good since it puts the discretion in the hands of the judges (at least as far as imposing lighter sentances), where it should be.

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Weed is socially acceptable in Canada? The only night I ever spent in jail was for asking a cop if he wanted to get high (1975, in a prairie town)

 

30 yr old data is irrelevant

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In 1980 getting busted for two oz in the mail from the states resulted in two hours in jail, being released on your own recognizance (you wouldn't want to be in jail for the long weekend, eh?) and a hundred dollar fine, along with advice from the Edmonton cops on where to go to score some weed locally. However, it's enough to prevent entry since the crime is now considered a felony (wasn't at the time of conviction) and I can no longer get my best partner to go to Canada for climbing or snowboarding.

 

Shoplifting cheese from the store in Yosemite in 1975 (a felony!) caused another friend similar problems until he went the customs route and proved that he had successfully rehabilitated himself from a life of dairy product skullduggery.

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Sometimes you can get your conviction overturned if you make a good argument that you got bad advice from your lawyer to plead guilty or something. Then Canada can't fuck with you.

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So when you give them your passport do they actually pull up your info? When I crossed the boarder out a Kings Gate a few weeks ago the Canadian customs guy asked me if I had been before a judge. If he had pulled up my info and could see that I didn't have a record, why would he ask? What's to stop one from just lying? cantfocus.gif

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I've been through Canadian customs three or four times over the last year, and probably about once a year for the decade or so before that, and on one's ever asked me whether I have a record, or to see my passport or anything. It's always just "What's the purpose of your visit?" "Have a nice trip."

What are you guys doing to provoke those nice Mounties?

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