Fleet Management News & Business Info | Commercial Carrier Journal
Issue link: http://read.dmtmag.com/i/442406
prepare risk a long drive home. Indeed, about 200 Americans are denied admission each year at the Fort Frances port of entry alone, because of criminal records as minor as reckless driving. BY SATVEER CHAUDHARY "Have you ever had a DWI, sir?" the Canadian border agent asks. You reply, "Well yea, I'll be honest I got a 'dooey' when I was 25 but it got taken care of," thinking to yourself, "I'm 55, and look every bit of it. What does this guy care? is better not hang me up 'cuz this load needs to be delivered today." e agent smiles, "Pull over to the side, sir." Suddenly, a bad feeling comes over you. ARE YOU HOSED? You forgot. e court forgot. Unfortunately, Canada does not. ink you can travel to Canada with a 20-year old DWI? 30-year old assault? ink again. Most Americans take entry into Canada for granted, a borderless extension of America where people say, "Eh." e reality is strikingly different. So, before drivers even consider applying for the FAST, NEXUS, or CANPASS cards, it's important to address any prior legal entanglements that could prevent entry to Canada. Canadian immigration law prevents many people with a criminal history, sometimes a mere charge, from crossing their border. e length of time since the conviction, or outcome of the charge, does not always help your chances. With preparation, however, drivers can overcome their inadmissibility and deliver their goods to Canada. e Canada Border Services Agency (CBSA) has wide discretion in allowing those with prior offenses to enter Canada. But those who don't DON'T GET HOSED AT THE BORDER PREPARE NOW TO MAKE SURE YOU'RE ADMISSIBLE TO CANADA . . . A B O U T 2 0 0 A M E R I C A N S A R E D E N I E D A D M I S S I O N E A C H Y E A R AT T H E F O R T F R A N C E S P O R T O F E N T R Y A L O N E , B E C A U S E O F C R I M I N A L R E C O R D S A S M I N O R A S R E C K L E S S D R I V I N G . " " because a simple matter here may be a big deal in Canada. And since the CBSA can access FBI criminal history records, downplaying one's past is dangerous. SUCCESSFUL SOLUTIONS If you find yourself confronted with this problem, please know there is hope. Although not required, it may benefit you to chat with someone who has technical expertise to help. ere are two common solutions to those with prior offenses: 1) apply for "rehabilitation," or 2) apply for a temporary residence permit. Both processes take time and paperwork beforehand, but can ensure your trip proceeds without delay or embarrassment if turned away at the border. You can apply for "rehabilitation" if an offense was five or 10 years from the completion of your sentence, and can show you are now law- abiding. e length of time that must pass depends on the crime's severity. Rehabilitation is deemed automatic aer 10 years, but applying at the border during your trip risks delay and added administration costs. Because border agents have wide discretion, you could still be denied. If not yet eligible for rehabilitation, it is possible to receive a temporary residence permit, if Canadian officers feel a situation deserves special consideration. ere are a variety of circumstances under which these permits may be approved, but they are always discretionary, and involve added cost if you risk the crossing. Again, apply beforehand to prevent disappointment at the border. One common myth is that a DWI conviction only prohibits driving privileges in Canada. is is absolutely not the case. In Canada a DUI is a felony that may be punished by imprisonment for up to five years, and therefore under the Canadian Immigration Act, can block your entry into Canada. While many convictions can prevent entry, DWIs, reckless driving, drug possession, the and assault are the most commonly seen. Even a pending charge can prevent entry to Canada, Vo l . 9 , N o . 1 TRUCKSTOP.COM 21