Can i come back to Canada?

[R Kumar]

Hi,
I am currently working full time here in Canada. Everything was going very well but unfortunately 4 months ago i got a ticket for care & control of vehicle while impaired. I was just waiting for my friend to come pick me up while i was waiting outside the bar (I knew i had too much to drink so wasn't going to drive). Long story short- I am on a work permit right now and hoping to visit my wife and daughter back home in december. I am not convicted yet still going to trial. Already hired a good lawyer to deal with it. Will i be allowed to get back in after i visit my home country?? (This all happened here in Canada)

Please help my flight tickets already booked.

 

[Msafiri]

Hi,
I am currently working full time here in Canada. Everything was going very well but unfortunately 4 months ago i got a ticket for care & control of vehicle while impaired. I was just waiting for my friend to come pick me up while i was waiting outside the bar (I knew i had too much to drink so wasn't going to drive). Long story short- I am on a work permit right now and hoping to visit my wife and daughter back home in december. I am not convicted yet still going to trial. Already hired a good lawyer to deal with it. Will i be allowed to get back in after i visit my home country?? (This all happened here in Canada)

Please help my flight tickets already booked.

When is your court date? Before or after your return?

 

[R Kumar]

Today was my court date, but unfortunately it did not finish today. So i have to go one more time. My lawyer is trying to get a date before i fly which may not happen. I have already spent $1500.00 on my tickets plus another $1400.00 to take my wife and daughter to take on vacation from there.
I am exhausted and worried.

 

[R Kumar]

Msafiri- Please help. Waiting for reply eagerly

 

[Msafiri]

You want to make sure the lawyer gets a court date after you return. At the moment you are accused but not yet convicted...the latter will determine your inadmissibility or not. You don't want to be inadmissible when you are outside Canada as it impacts on your return! On a side note depending on where you are travelling you may find having to declare the arrest/court attendance to their border agents...if you are going to the US you may have some serious issues!

 

[R Kumar]

I am going to india. Just to be clear- So as far as i am not convicted and have a court date after i return, i will not be asked to go back or inadmissible?

 

[SinghLovCan]

I would suggest not to goto India, bcoz if you become inadmissible you wont be allowed to enter. Why take chances. People die to come to Canada, dont loose this opportunity easily. Where are you from India?

 

[SinghLovCan]

R KUMAR, if you were not driving the vehicle, then you should be fine. Why did they charge you. I know many ppl get drunk then they just ask their wife or the taxi to pick them up. This is absolutely fine.

 

[R Kumar]

I am from delhi. Yeah should have been fine. Should the cops never showed up and my friend did. But the cops came and arrested me. I have case going on in court right now.

 

[zardoz]

R KUMAR, if you were not driving the vehicle, then you should be fine. Why did they charge you. I know many ppl get drunk then they just ask their wife or the taxi to pick them up. This is absolutely fine.

He wasn't charged with "driving while impaired". He was charged with "care & control of vehicle while impaired", which probably means he had the keys and COULD have driven the vehicle. http://laws-lois.justice.gc.ca/eng/acts/C-46/section-253.html and http://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Impaired_Driving_and_Over_80/Care_and_Control

 

[keesio]

He wasn't charged with "driving while impaired". He was charged with "care & control of vehicle while impaired", which probably means he had the keys and COULD have driven the vehicle. http://laws-lois.justice.gc.ca/eng/acts/C-46/section-253.html

wow I never knew that was an offense. You mean you can't go take a nap in the backseat of you own car if you had one too many?

 

[zardoz]

wow I never knew that was an offense. You mean you can't go take a nap in the backseat of you own car if you had one too many?

There are successful defences but it's going to be an uphill struggle. You would need a lawyer experienced in this area. Just Google for examples.

 

[R Kumar]

yeah its unbelievable how this care and control works. i was sitting in the car to charge my cell phone so that i can all me friend to come pick me up. My keys were in ignition but the engine wasn't on. I had to get a good lawyer and it set me back $5000. Case is still in court but very good chances of me winning it. They treat it as DUI but in this case its little tricky and easier to win if we have good defense which i do. its jusy matter of time.
Now, the question is i am not convicted yet but only charged and the case is in court. Can they still stop me from entering the country? I m on work permit and do not have a PR.

Please help

 

[Msafiri]

You can re-enter without issues since it seems any conviction will be post your return from India. The prosecution would argue that the only reason you had the key in the ignition was a pre-requisite to turning it...further what happens if you don't get through to the person at the end of the line...do you walk away or start up that V6?