So there you are, Arlo, sitting on the Group W bench. "Son, have you rehabilitated yourself?" Convictions for what would be minor offences in Canada will not prevent entry into Canada, but convictions for what could be serious offences will prevent entry into Canada, unless a person is rehabilitated. What's minor and what is major? Americans work along the lines of misdemeanors and felonies, whereas Canadians work along the lines of summary offences and indictable offences. Many offences in Canada can be prosecuted as either summary or indictable offences, depending on the discretion of the prosecutor - we call these hybrid offences. Many of the offences dealing with drinking and driving are hybrid offences, meaning that the prosecutor can decide whether to treat them as minor or serious offences. When an American is convicted of DUI/DWI, even if it is only a misdemeanor, the Canadian Immigration folks will consider how the same matter would be treated under Canadian law. Since under Canadian law the matter would be a hybrid offence, then even although it probably would only result in a summary offence fine, it is possible for the matter to have been an indictable offence, and if it is possible for the matter to have been an indictable offence, then the person is denied entry unless rehabilitated. That's how a minor ticket for DUI/DWI can stop an American at the border. How can an American rehabilitate him/herself? First, vote Democrat. Second, have a clean record for the last five years. Third, if you are feeling lucky, turn up at the border and have a chat with the immigration officer, who if he or she thinks that you are a decent enough person, can deem you to have been rehabilitated. Yes, there is a fee for this process. A better approach is to prepare before you cross the border. This involves having a clean record for the last five years, producing the court documents concerning your charge, conviction, sentencing, and release/parole, and paying a processing fee. Note that the processing time is usually several months, and sometimes up to a year. So wet the nib of your pen, use the back of the father raper on the bench in front of you to as a writing platform, and get filling out your rehabilitation forms: . Guide [IMM 5312] http://www.cic.gc.ca/english/pdf/kits/guides/5312E.PDF . Application for Criminal Rehabilitation [IMM 1444] http://www.cic.gc.ca/english/pdf/kits/forms/IMM1444E.PDF . Fees for Immigration Services, Approval of Rehabilitation [IMM 5310] http://www.cic.gc.ca/english/pdf/kits/forms/IMM5310B.PDF . Document Checklist [IMM 5507] http://www.cic.gc.ca/english/pdf/kits/forms/IMM5507E.PDF . Use of a Representative [IMM 5476] http://www.cic.gc.ca/english/pdf/kits/forms/IMM5476E.PDF Finally, and in all seriousness, never, ever, under any circumstances, lie or misconstrue the facts to an immigration officer. If you do, your goose is cooked as far as trying to get rehabilitated goes, and you could end up in very hot water without a PFD. Just play it straight down the line. *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************Received on Fri Jul 18 2008 - 09:24:55 PDT
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