DUI charge and the definition of a "Visitor"

[Hydroscope]

Hi,

I live in Australia and 8 Years ago I was charged with high range drink driving, lost my license for 18 months have never re-offened not even a parking fine!. I and my fiancee would like to go skiing in Canada for our honeymoon, a friend of mine just today alerted me that if you have a DUI charge I maynot be able to "visit" canada. So I would like to know if a holiday in canada means I am "visiting" Canada? and hence need to apply for Rehabilation under section A36(2)a)?

 

[ImmEnforce]

For you to be inadmissible to Canada you must have been convicted of a criminal offence in Australia. Many countries consider it to be criminal, but they may also have options to plea bargin to non-criminal sentencing.

If it is a criminal conviction then it would most likely equate to Impaired driving under the criminal code. But, in order to say positively I would need to know the actual wording of the offence.

36(2)(b) would be the inadmissability. In order to apply for rehab it must be 5 years from the completion of any sentencing. This includes fines or suspensions.

 

[PMM]

Hi

For you to be inadmissible to Canada you must have been convicted of a criminal offence in Australia. Many countries consider it to be criminal, but they may also have options to plea bargin to non-criminal sentencing.

If it is a criminal conviction then it would most likely equate to Impaired driving under the criminal code. But, in order to say positively I would need to know the actual wording of the offence.

36(2)(b) would be the inadmissability. In order to apply for rehab it must be 5 years from the completion of any sentencing. This includes fines or suspensions.

Actually impaired driving in Australia starts at over .05. So the OP needs to know what he "blew" , if it is over .08 he will need to apply for rehabilitation.

PMM

 

[Hydroscope]

I blew .153 so I was significantly over .08. Do people generally pass the rehabilitation assesment? cause I have done what this website suggest not to do!! I already booked our flights and accomidation months ago! and then someone told me I had better check if I can get in with DUI? and very grateful they pointed it out! after reading this website, I am scared they wont approve! If I follow the guidlines and get three suitable references and get police report which I did today, what are my chances? can you advise? It has been 8 years not even a parking fine. But obviously the original crime is serious and I can't deny that, but I have never done anything else wrong I wish I never did the DUI either!

 

[Hydroscope]

ohh understand you first post better now. I was given a good behaivor bond and lost license for 18 months, So I dont think a criminal record was recorded. hence I wouldn't need to apply for rehabilitation, I will check with my solicitor, which is a good friend of the families so thats easy.

 

[PMM]

Hi

ohh understand you first post better now. I was given a good behaivor bond and lost license for 18 months, So I dont think a criminal record was recorded. hence I wouldn't need to apply for rehabilitation, I will check with my solicitor, which is a good friend of the families so thats easy.

Yes you do. You were convicted of impaired driving over .08, which is a criminal offence in Canada. So you can apply for rehabilitation 5 years after the completion of the 18 month license suspension.

PMM

 

[Hydroscope]

Hi PMM, thankyou for your reply, I am confused by these two statements on the the Candian enmbassies website here in Sydney.

What are the common convictions that will make a person inadmissible to Canada?

Drink driving or impaired driving convictions (even if they are recorded as a traffic offence) where the blood alcohol reading is 0.081% or above – or a breath reading of 0401mgms/L or above, will make you inadmissible to Canada. Other common convictions that may make a person inadmissible to Canada are: reckless or dangerous driving, common assault, street racing, hinder or resist a police officer in the execution of duty, possession, supply, trafficking of drugs (including cannabis) and shoplifting (theft), fraud or criminal damage, to name a few.



I was charged with an offence. However the court outcome was that “no conviction was recorded”. Can I enter Canada as a visitor?

Yes. You should also carry your current police certificate and the documents which show that no conviction was recorded and present them to the Canadian Port of Entry, if requested. You do not have to make further contact with the Sydney office.

 

[ImmEnforce]

You must be convicted of a criminal offence, it must equate to a criminal offence in Canada and the elements of the offence must fall within the range included in our law. If you drop one of these requirement the conviction does not equate. The hard thing to get around is that we equate the actual conviction not the act.

If you can post a link to the actual section of your statute. It must be the one the judge found you guilty of.

 

[Hydroscope]

written on the canadian consulate in sydney is the following:

Include a copy of the police arrest report detailing your offence (please contact the police station dealing with your case).

Include a copy of the court/ bench transcripts detailing the disposition of your case (If your case went to court).

I have everthing execpt this the police say there must be a form the consulate has for them to fill out as they do not understand what is required for a aarest report can you ellaborate? wanted to hand in tommorow consulate wont answer question over the phone, they say email but I fiugured I could get a faster answer here.

 

[ImmEnforce]

If you went to court you should have a disclosure package that includes everything except for the decision of the court.

Not sure about specific forms. I would think it should be pretty simple to request a copy of the report and a copy of your record. Most police agencies charge a fee.

Maybe someone else can comment.