06 Nov 2024

Planning to Attend the A.A. International Convention 2025? What You Need to Know About Entering Canada with a DUI

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The 2025 International Convention of Alcoholics Anonymous (A.A.) is set to take place in Vancouver from July 3-6. As this event marks the 90th anniversary of A.A.'s founding in 1935, it is highly anticipated, especially after the cancellation of the 2020 convention due to the pandemic. If you plan to attend but have past legal issues such as a DUI (driving under the influence), it is crucial to start preparing for your trip to Canada now.

How a DUI May Affect Your Entry into Canada

Having a past DUI conviction, arrest, or pending charge can make entering Canada challenging, as DUI is considered a serious criminal offense. This can result in inadmissibility, meaning you may be denied a visa, electronic travel authorization (eTA), or entry at the border.
Similarly, other alcohol-related offenses, such as public intoxication or causing a disturbance, may lead to issues if you have committed two or more summary offenses (similar to misdemeanors in the U.S.). Even if you have not been convicted, an arrest or pending charge can still make you inadmissible.

Understanding Canada’s DUI Laws

Canada's treatment of DUI offenses changed on December 18, 2018, when the maximum punishment for impaired driving doubled from five to 10 years in prison. This reclassification means that a DUI offense abroad on or after this date can render you inadmissible on grounds of serious criminality. Canadian immigration authorities compare foreign offenses to their Canadian equivalents under the Criminal Code when assessing admissibility. Consulting an immigration lawyer can help you navigate these legal complexities.

Overcoming Inadmissibility for a DUI

Depending on the severity of your offense(s) and when you completed your last sentence, you have several options to enter Canada:

  1. Temporary Resident Permit (TRP)
    If you have a compelling reason to travel, you can apply for a TRP. This permit temporarily allows entry if you demonstrate that your need to enter Canada outweighs any risk to society.
    • TRPs are generally issued for short periods and may last up to three years, but their issuance is at the discretion of immigration officers.
    • Applying for a TRP in advance is recommended, as processing can take six months or more. U.S. citizens may apply at the border but should be aware of the risks involved.

  2. Criminal Rehabilitation
    If five years have passed since completing your sentence, you can apply for criminal rehabilitation, which permanently removes your inadmissibility. This application demonstrates your low risk of reoffending and requires thorough documentation.
    • Processing times can exceed six months, so early planning is key.

  3. Deemed Rehabilitation
    If over 10 years have passed since completing your sentence and you have only one non-serious conviction, you may be automatically deemed rehabilitated and can enter Canada without applying.
    • This option is only available for certain cases. If you have more than one offense or your DUI occurred after December 2018, other options such as a TRP or criminal rehabilitation will be necessary.

  4. Legal Opinion Letter
    In some cases, you may not be considered inadmissible if your DUI charge was expunged, or if you completed deferred adjudication. An immigration lawyer can draft a legal opinion letter to clarify why you should not be inadmissible.

Planning Your Trip

If you or a loved one are attending the A.A. International Convention, addressing any potential inadmissibility issues early can help ensure a smooth entry into Canada. Consulting an immigration lawyer is a valuable step to navigating your unique situation.

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