+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Canada Entry

dedman

Newbie
May 28, 2019
9
0
Hello.

I am currently working in US on a work visa, and have Canada visitor visa.
I intend to visit Canada soon, and intend to apply for the Express Entry program later this year.
I have driven to Canada previously, however, this year I got a traffic incident on my record.
Because I was stopped & fingerprinted, it probably will show up as an arrest record.

The initial charge for arrest was Reckless Driving in the state of Oregon - a misdemeanor.
However, the prosecutor dropped it to Careless Driving, which is a class-B traffic infraction and not a crime.
For this, there is no mens-rea (intention) element and carries only a fine, which I paid with no-contest.

Will I be denied entry on this being considered as Dangerous Driving even without mens-rea?
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,249
Canada
Hard to say.

The challenge is that for the purpose of admission to Canada, the act/charge/conviction is considered as the Canadian equivalent.
 

babsizkil

Hero Member
Dec 18, 2016
522
98
Hello.

I am currently working in US on a work visa, and have Canada visitor visa.
I intend to visit Canada soon, and intend to apply for the Express Entry program later this year.
I have driven to Canada previously, however, this year I got a traffic incident on my record.
Because I was stopped & fingerprinted, it probably will show up as an arrest record.

The initial charge for arrest was Reckless Driving in the state of Oregon - a misdemeanor.
However, the prosecutor dropped it to Careless Driving, which is a class-B traffic infraction and not a crime.
For this, there is no mens-rea (intention) element and carries only a fine, which I paid with no-contest.

Will I be denied entry on this being considered as Dangerous Driving even without mens-rea?
It depends. However, you're only inadmissible if you are convicted or conceal the same. You should be fine since you have paid the fine. The issue will be if on next visit to Canada. you decided to drive a motor vehicle: officer will try to ensure you're not going to be a danger on the road to other vehicle or pedestrian. It is important to note that, you might need to carry those documents that proof you've paid for the fine and no conviction.