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-   -   Getting into Canada DUI (https://www.airlinepilotforums.com/regional/17455-getting-into-canada-dui.html)

PinnacleFO 10-01-2007 05:37 AM

Getting into Canada DUI
 
HAs anyone travelled into or out of Canada without one of those temporary resident permits that you have to get when you get a dui, Trying to get a friend on a pinnacle who had one 5 years ago and i guess its a huge pain in the butt to get one of these things and I have heard that they never even check?

BoilerUP 10-01-2007 05:43 AM

PNCL is the only airline I've seen that seems to make a big deal about that.

Not to say it doesn't affect others...but I don't recall hearing anything about it here at AWAC, or during my interviews a couple years back with PSA or ASA.

p1ayn 10-01-2007 06:56 AM

Midemeanors in Canada are checked but seems at random. Fredericton Canada is a stickler and enforces this to the tee, however Toronto and Montreal is roll of dice depending on who checks or how busy it is. It is 5 years from conviction and NOT from incident so keep that in mind.

SharkyBN584 10-01-2007 09:29 AM

We just got a big huge memo over at RAH about this...word on the street is now they're checking every time.

Of course, I could've been drunk when I read that...

cbire880 10-01-2007 10:47 AM

Yeah, saw the same memo. Apparently it has to do with a new system in place that allows them to find the conviction when they process you for enty. It sucks for those that have to deal with it. Remember its only for crimes that are felonies in Canada. They happen to consider a DUI a felony up there, hence the paperwork.

Pilot41 10-01-2007 12:25 PM

I had a buddy that this happened to. You can get spiecal VISA that allows entry, it'll take at least a year to get it. He had no idea that there was such a law, his DUI was 9 yrs old. Anyway he had entered the country as a crew member (pilot) maybe 30 times and never been questioned; one day he airlined in as a passenger, thats when they caught him. He got to enter, had to pay $250 for temp VISA, but once he left he couldn't reenter. Anything like this gets flagged when you go through immigration, which generally doesn't happen to a crew member. Customs has nothing to do with it.

The word he got during his stay was that Canadian Immigration Officers have a lot of leeway in enforcing this policy. The past 3 years they have become sticklers because of the the US's ridiculous policy of requiring passports when traveling between the 2 countries.

Note: If the DUI is over 10 years old, all is forgiven. Basically my buddy's 10 years was up before he ever got the VISA.

rickair7777 10-01-2007 12:31 PM


Originally Posted by Pilot41 (Post 240296)
I had a buddy that this happened to. You can get spiecal VISA that allows entry, it'll take at least a year to get it. He had no idea that there was such a law, his DUI was 9 yrs old. Anyway he had entered the country as a crew member (pilot) maybe 30 times and never been questioned; one day he airlined in as a passenger, thats when they caught him. He got to enter, had to pay $250 for temp VISA, but once he left he couldn't reenter. Anything like this gets flagged when you go through immigration, which generally doesn't happen to a crew member. Customs has nothing to do with it.

The word he got during his stay was that Canadian Immigration Officers have a lot of leeway in enforcing this policy. The past 3 years they have become sticklers because of the the US's ridiculous policy of requiring passports when traveling between the 2 countries.

Note: If the DUI is over 10 years old, all is forgiven. Basically my buddy's 10 years was up before he ever got the VISA.

This is correct. It is worth noting that ANY conviction is likely to be an issue, not just DUI's. Canada is a lot stricter than regional airlines, so some college silliness that didn't get you blacklisted from an airline job might still be an issue up North.

p1ayn 10-01-2007 02:08 PM


Originally Posted by cbire880 (Post 240264)
Yeah, saw the same memo. Apparently it has to do with a new system in place that allows them to find the conviction when they process you for enty. It sucks for those that have to deal with it. Remember its only for crimes that are felonies in Canada. They happen to consider a DUI a felony up there, hence the paperwork.

It applies to misdemeanors as well or any convictions within the last 5 years. After five years from comnviction, you apply for their rehabilitation program which costs 200.00.

cbire880 10-01-2007 02:23 PM

Its a screwy law b/c nowhere have I been able to find a definitive list of things that meet their criteria. The biggest problem is the translation between a Canadian misdemeaor and summary offense and what the US calls a misdemeanor and summary offense.

Pilot41 10-01-2007 05:29 PM


Originally Posted by p1ayn (Post 240352)
It applies to misdemeanors as well or any convictions within the last 5 years. After five years from comnviction, you apply for their rehabilitation program which costs 200.00.

The money isn't the problem, no amount of money speeds up th process.

p1ayn 10-02-2007 05:21 AM

I agree, just mentioing the cost. Their law sucks, which makes me dislike Canada even more. Love it we kick their @$$ in Stanley Cup! hahaha

mbaroni 10-02-2007 04:40 PM

Border
 
Don't waiste your time going through one of the Canadian Embassies, go straight to the border. I don't think all the border crossing's can approve the rehabilitation application, but I know some can.

PinnacleFO 10-02-2007 07:06 PM

Do you know if DTW is one of those who can?

C172MQI 01-03-2008 11:45 AM

PinnacleFO, whatever became of your buddy with the Canada issue?

PinnacleFO 01-03-2008 12:59 PM

he got a temp resident permit and got hired. He was honest in the interview

shurb 08-14-2008 06:04 PM

what about flying a private jet in? how does that work?

PiperPower 08-14-2008 06:40 PM

I posted this question in the "Ask the Recruiter" forum. I got a noise violation for a loud party at my house. In North Dakota, that is classified as a misdemeanor. It's kind of ridiculous if you ask me. How can a loud party have the same penalty as marijuana possession or a DUI?

Regardless, Lori Clark and Rickair answered my question very well regarding my question on how the airlines would view it, however this Canada thing was just brought to my attention through reading this thread.

Am I going to have issues flying into Canada when I get a job? I actually drove up across the border recently, and had no problem... Just curious what you guys think, and if there is something I should do about this right now before I start applying with a regional that flies into Canada.

gsphuntr 08-14-2008 07:28 PM

I've just about had it with the attic over the party. What's with Canada? The last three or four overnights I've had in Canada I've just about lost my marbles - I was going through Seurity in Vancouver with a coffee, they tell me I can't have the coffee out - Put it in your bag. I say put hot coffee in my bag? why? They say it's "not fair" to the passengers. In calgary the security guys took my tiny scissors (legal in the states) and gave me the third degree infront of passengers - I told him he should see the axe behind my seat. Again in Vancouver we were waiting in the security line behind some slow moving "special needs" passengers - our captain was a minute or so behind us so he came up and "cut' infront of an old lady in a wheelchair to be with the rest of the crew - The airport guy pushing her chair YELLS "No cutting here in Canada!" That's not FAIR! Unbelievable . He looked at him and told him he can't be seperated from his crew in a foreign country - which is kinda of a load of crap - But it was funny - The security folks ended up pulling us up to the front of the line anyways - but the attitude, wow. Lastly - The Delta hotel in Vancouver - We show up at 1230am with a bus load of passengers - The captain runs in to get the keys for all of us - There are about 5 people standing in line - He walks up to the counter to get the clip board and keys - which we typically just sign out there - the desk girl says "No budgies!" no Budgies?? "back of the line!" You have to wait your turn like everyone else - it's not fair to our other guests...I guess they changed the policy in Vancouver - Crews cant just sign the clipboard grab there keys and get some sleep - You have to wait 10 minutes in line with the rest of the guests...Gotta love socialism. Canada, Americas Hat. Are they still medalless in the Olympics?

ExperimentalAB 08-14-2008 08:33 PM

gsphuntr...I've gotten that "not fair" to the pax in YVR as well. What a joke. I bid avoid ALL Canada overnights because I'm going to get myself arrested one of these days when I go at it with one of those ACTSA/CATSA jokers :rolleyes:

And everything is a pain in the butt, and everything is unbelievably expensive. Blah...I can do without Tim Hortons if I must!

JetPipeOverht 08-15-2008 06:10 PM

Where did the 10 years post conviction and it's all good thing come from ? Any concrete evidence on this ?

jester 08-20-2008 10:34 AM

DUI conviction
 
Ok, I understand the whole five years from conviction. But what about someone who received court supervision, and never had a conviction? Does this rule still apply?

jerryk 08-23-2008 09:31 PM

DUI Conviction
 
Under Canadian immigration law, a person who is not a Canadian citizen or permanent resident who has committed a criminal offence is generally considered to be "inadmissible" under Canadian law (i.e., the individual will not be permitted to enter Canada unless certain conditions are satisfied).

The rationale for this rule - which, by the way, is the same in the U.S. as it is in Canada - is that the government of a country has an obligation to protect its citizens from harm and to take reasonable steps to do so.

An individual who has committed a criminal offence and, as a result, has a criminal record is generally considered to have a higher likelihood of commiting a subsequent criminal offence than an individual who has no criminal record. It stands to reason, therefore, that the government authorities who are responsible for policing a country's international borders and ports of entry have an interest in preventing individuals with criminal records from entering the country.

Generally speaking, if an individual has committed or been convicted of a criminal offense the individual will not be permitted to enter Canada unless they obtain one of the following: (i) a Temporary Resident Permit (TRP), (ii) a finding of rehabilitation made by the Canadian immigration authorities.

A TRP is a special visitor visa which allows someone who is inadmissible to be admitted to enter Canada for a specified period of time. A finding of rehabilitation is a declaration by the Canadian immigration authorities that an individual with a criminal record has, as a result of the passage of time and by reason of good conduct, been deemed to have been "rehabilitated" so that the individual is now considered to be "admissible" (i.e., the individual will be permitted to enter Canada as a visitor).

Whether a person requires a TRP or a declaration of rehabilitation, depends on a variety of factors including, the type of criminal offense that the person was charged with, the outcome of the criminal proceedings, the period of time elapsed since conviction, whether the individual has been charged/convicted of other offenses, etc.

Both the Canadian and US immigration authorities have very strict rules relating to the admissibility of individuals with criminal records. Generally speaking, these rules are fairly consistent, however, there are differences in certain areas. For example, the Canadian immigration authorities are generally considered to be much stricter on individuals who have DUI convictions than their U. S. counterparts. On the other hand, the Canadian authorities tend to be more lenient than their U.S. counterparts on individuals who have prior convictions for possession of soft drugs.

These differences usually reflect the prevailing attitudes within each country to the particular types of conduct involved. Drinking and driving offenses are considered to be a form of highly "anti-social" behaviour in Canada, and convicted offenders are, at least by U.S. standards, treated quite harshly by the Canadian courts.

As a lawyer who practices Canadian immigration law, I am frequently consulted by U.S. nationals who, after many years of visiting Canada without any problems at the border, suddenly find that their names have been "red flagged" by Canadian immigration officers who now know of DUI charges or convictions which may have occured many years ago. This is happening because immigration authorities on both sides of the border are increasingly sharing information with one another about their respective citizens. This, in turn, has driven the development by public authorities on both sides of the border of improved background security checking systems at ports of entry. In the years to come, we can expect to see more refusals on both sides of the border as the databases which drive these systems grow and expand.

jerryk 08-23-2008 09:31 PM

DUI Conviction
 
Deleted - Duplicate posting

jerryk 08-23-2008 09:41 PM

DUI Conviction
 
Deleted.Duplicate posting

SharkyBN584 08-23-2008 09:45 PM

You repeated posts...again...and your country is silly.

Pilot41 08-24-2008 05:18 AM


Originally Posted by jerryk (Post 449040)
In the years to come, we can expect to see more refusals on both sides of the border as the databases which drive these systems grow and expand.

For you Canadians that have this problem, just go to Mexico first and then come across the border

UAXIN 01-06-2012 01:59 PM

We just got a big huge memo over at RAH about this...word on the street is now they're checking every time.

Of course, I could've been drunk when I read that...
__________________
"Treat her like a lady and she'll take you home everytime..."

BoilerUP 01-06-2012 02:03 PM


Originally Posted by UAXIN
Of course, I could've been drunk when I read that...

Posting the same thing 5 times? I'd hope so :D

gearcrankr 01-06-2012 02:17 PM

This is getting painful, please log off.

Short Bus Drive 09-09-2012 06:00 AM

Anybody ever use a Legal Opinion Letter to use to "prove" admissibility?

Wilky10 09-09-2012 06:54 AM

After 5 years you can apply for rehabilitation. 10 years after conviction or end of the probationary period, you are considered rehabilitated and can enter Canada.

yeah sure 09-09-2012 08:27 AM


Originally Posted by gearcrankr (Post 1113186)
This is getting painful, please log off.

Even though they consider 10 years rehabilitated, you still have to go through the process...doesn't matter what it was for, if you've ever been arrested for anything you have to apply. If you were arrested by mistake, you have to apply and send all the documents to them. Don't take a chance on not getting caught.

ArcherDvr 09-10-2012 06:25 AM


Originally Posted by yeah sure (Post 1258335)
Even though they consider 10 years rehabilitated, you still have to go through the process...doesn't matter what it was for, if you've ever been arrested for anything you have to apply. If you were arrested by mistake, you have to apply and send all the documents to them. Don't take a chance on not getting caught.

This is incorrect. It clearly states on the Canadian government website that you do not have to apply for rehabilitation once the 10 years has elapsed. See the link below.

Criminal Inadmissibility

yeah sure 09-10-2012 07:23 AM


Originally Posted by ArcherDvr (Post 1258670)
This is incorrect. It clearly states on the Canadian government website that you do not have to apply for rehabilitation once the 10 years has elapsed. See the link below.

Criminal Inadmissibility

Doesn't matter what the web site says. I know somebody who JUST went through this that had an arrest 13 years ago and had to send in all his paperwork, etc. He thought the same thing, but if they keep sending your stuff back telling you to submit the information, you have to do it. He finally got his rehabilitation and it took over 2 years. If he didn't have to apply since it was well over 10 years, why did they make him go through the process?

RgrMurdock 09-10-2012 07:55 AM

I've hearts of guys just going to the border themselves in cars and getting it taken care of personally. Supposedly the guys at the border are much more accommodating than sending your stuff into the ministry.

ArcherDvr 09-10-2012 10:21 AM


Originally Posted by yeah sure (Post 1258701)
Doesn't matter what the web site says. I know somebody who JUST went through this that had an arrest 13 years ago and had to send in all his paperwork, etc. He thought the same thing, but if they keep sending your stuff back telling you to submit the information, you have to do it. He finally got his rehabilitation and it took over 2 years. If he didn't have to apply since it was well over 10 years, why did they make him go through the process?

I don't know what your friends deal was, maybe his crime was more severe in which case you do have to send it in, or maybe you just misunderstood what he said. I do know that the Canadian GOVERNMENT website, says that you don't need to send in the paperwork once you are deemed rehabilitated.

ArcherDvr 09-10-2012 10:21 AM


Originally Posted by RgrMurdock (Post 1258718)
I've hearts of guys just going to the border themselves in cars and getting it taken care of personally. Supposedly the guys at the border are much more accommodating than sending your stuff into the ministry.

I've heard of that to once, however have not been able to find anything official backing that up.

Silver02ex 09-10-2012 11:18 AM


Originally Posted by yeah sure (Post 1258701)
Doesn't matter what the web site says. I know somebody who JUST went through this that had an arrest 13 years ago and had to send in all his paperwork, etc. He thought the same thing, but if they keep sending your stuff back telling you to submit the information, you have to do it. He finally got his rehabilitation and it took over 2 years. If he didn't have to apply since it was well over 10 years, why did they make him go through the process?

It doesn't matter when the arrest was, it can be 13 years ago .. It's bases on 10 years after the sentence is compete. If the arrest is 15 years ago and the sentence is 6 years probation you have to wait another year or send the paper work in to get it completed.

Max Glide 09-10-2012 02:15 PM


Originally Posted by gsphuntr (Post 444618)
I've just about had it with the attic over the party. What's with Canada? The last three or four overnights I've had in Canada I've just about lost my marbles - I was going through Seurity in Vancouver with a coffee, they tell me I can't have the coffee out - Put it in your bag. I say put hot coffee in my bag? why? They say it's "not fair" to the passengers. In calgary the security guys took my tiny scissors (legal in the states) and gave me the third degree infront of passengers - I told him he should see the axe behind my seat. Again in Vancouver we were waiting in the security line behind some slow moving "special needs" passengers - our captain was a minute or so behind us so he came up and "cut' infront of an old lady in a wheelchair to be with the rest of the crew - The airport guy pushing her chair YELLS "No cutting here in Canada!" That's not FAIR! Unbelievable . He looked at him and told him he can't be seperated from his crew in a foreign country - which is kinda of a load of crap - But it was funny - The security folks ended up pulling us up to the front of the line anyways - but the attitude, wow. Lastly - The Delta hotel in Vancouver - We show up at 1230am with a bus load of passengers - The captain runs in to get the keys for all of us - There are about 5 people standing in line - He walks up to the counter to get the clip board and keys - which we typically just sign out there - the desk girl says "No budgies!" no Budgies?? "back of the line!" You have to wait your turn like everyone else - it's not fair to our other guests...I guess they changed the policy in Vancouver - Crews cant just sign the clipboard grab there keys and get some sleep - You have to wait 10 minutes in line with the rest of the guests...Gotta love socialism. Canada, Americas Hat. Are they still medalless in the Olympics?

Why should flight crews have priority over passengers?

At the airport or at the hotel?

rickair7777 09-10-2012 03:30 PM


Originally Posted by Max Glide (Post 1258896)
Why should flight crews have priority over passengers?

At the airport or at the hotel?

At the hotel it's normally part of the arrangement with the company to have keys ready for crews. In most hotels there is no check-in process, you just sign for your key. The hotel and company already know who's coming and when, and it's on the company account.

At the airport...crews aren't getting paid until the airplane starts moving. If we don't get head-of-the-line privileges, then we would have to assume worst-case security lines and show 2 hours early. Well, guess what...we aren't doing THAT for free, the airlines would have to pay us and raise ticket prices. If you want to pay me to show up early and drink coffee and read the paper in the terminal every morning, well I'm fine with that.


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