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DUI : Driving Under the Influence; DWI : Driving While Intoxicated; OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; Impaired Driving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol in Canada over 80 mg/100mL;  Care  or Control:  Occupy seat normally occupied by operator in Canada,  act or series of acts  involving use of car , fittings or equipment


 

The International Drinking and Driving Debate

The debate for December 2002:

Should Canadians who have been convicted of impaired driving or over 80 be refused entry to the United States?

Should Americans who have been convicted of DUI be inadmissible to Canada? 

Should Canadians or Americans who have been acquitted of DUI be excluded from crossing the border, if they won on a technical argument?

What do you think?

City:
Toronto
Date:
11 Nov 2002
Time:
10:42:31

Comments

Both Canadian and American border officials seem to have a wide discretion as to whom they will permit into their country.

City:
Mississauga, ON
Date:
11 Nov 2002
Time:
10:59:09

Comments

Here's an excerpt from Canada's old Immigration Act:

19. (1) No person shall be granted admission who is a member of any of the following classes:

(c) persons who have been convicted in Canada of an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more;

(c.1) persons who there are reasonable grounds to believe

(i) have been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more, or

(ii) have committed outside Canada an act or omission that constitutes an offence under the laws of the place where the act or omission occurred and that, if committed in Canada, would constitute an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more,

except persons who have satisfied the Minister that they have rehabilitated themselves and that at least five years have elapsed since the expiration of any sentence imposed for the offence or since the commission of the act or omission, as the case may be;

(2) No immigrant and, except as provided in subsection (3), no visitor shall be granted admission if the immigrant or visitor is a member of any of the following classes:

(a) persons who have been convicted in Canada of an indictable offence, or of an offence for which the offender may be prosecuted by indictment or for which the offender is punishable on summary conviction, that may be punishable under any Act of Parliament by a maximum term of imprisonment of less than ten years, other than an offence designated as a contravention under the Contraventions Act;

(a.1) persons who there are reasonable grounds to believe

(i) have been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence that may be punishable by way of indictment under any Act of Parliament by a maximum term of imprisonment of less than ten years, or

(ii) have committed outside Canada an act or omission that constitutes an offence under the laws of the place where the act or omission occurred and that, if committed in Canada, would constitute an offence that may be punishable by way of indictment under any Act of Parliament by a maximum term of imprisonment of less than ten years,

except persons who have satisfied the Minister that they have rehabilitated themselves and that at least five years have elapsed since the expiration of any sentence imposed for the offence or since the commission of the act or omission, as the case may be;

(b) persons who

(i) have been convicted in Canada under any Act of Parliament of two or more summary conviction offences not arising out of a single occurrence, other than offences designated as contraventions under the Contraventions Act,

(ii) there are reasonable grounds to believe have been convicted outside Canada of two or more offences, not arising out of a single occurrence, that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament, or

(iii) have been convicted in Canada under any Act of Parliament of a summary conviction offence, other than an offence designated as a contravention under the Contraventions Act, and there are reasonable grounds to believe have been convicted outside Canada of an offence that, if committed in Canada, would constitute a summary conviction offence under any Act of Parliament

where any part of the sentences imposed for the offences was served or to be served at any time during the five year period immediately preceding the day on which they seek admission to Canada;

Discretionary grant of entry (3) A senior immigration officer or an adjudicator, as the case may be, may grant entry to any person who is a member of an inadmissible class described in subsection (2) subject to such terms and conditions as the officer or adjudicator deems appropriate and for a period not exceeding thirty days, where, in the opinion of the officer or adjudicator, the purpose for which entry is sought justifies admission.

City:
Mississauga, ON
Date:
11 Nov 2002
Time:
11:06:34

Comments

Here's an excerpt from Canada's new Immigration Act:

36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

Criminality (2) A foreign national is inadmissible on grounds of criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or

(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

Application (3) The following provisions govern subsections (1) and (2):

(a) an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily;

(b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;

(c) the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;

(d) a determination of whether a permanent resident has committed an act described in paragraph (1)(c) must be based on a balance of probabilities; and

(e) inadmissibility under subsections (1) and (2) may not be based on an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act.

City:
 
Date:
12 Jan 2003
Time:
02:33:22

Comments

come on, yes DUI's are bad, but not being able to enter another country, is taking it a bit too far. most people who do get them, pay the price, do the time. bet if you murdered someone and are on death row, your chances of entering Canada, is by far greater.

City:
Fort Fairfield
Date:
19 Apr 2003
Time:
15:59:04

Comments

I think Americans who have been convicted of a DUI should be allowed entry into Canada, after they have served their sentence given by the courts of the United States.

Also I think Canadians and Americans who have been acquitted of DUI, even on a technical argument, should be allowed to enter both countries for the courts have not convicted them of any crime.

City:
phoenix
Date:
25 Apr 2003
Time:
20:28:37

Comments

Just how much punishment is enough ? Half the population has been guilty at one time or another. just not caught.

City:
Fairbanks, AK
Date:
28 Apr 2003
Time:
14:14:22

Comments

If Americans with DUI's can drive in America, and Canadians with DUI's can drive in Canada, Americans with DUI's should be able to drive in Canada v/v. If they have 2 or 3 on record, different story.

City:
Illinois
Date:
07 Jun 2003
Time:
23:50:02

Comments

I have 2 DUI convictions and now must apply for a Temporary Resident Permit because one of the convictions is less than 5 years old. I have been sober since 10-11-99 and not must wait until my request is approved , up to 12 months, to go visit my friends in Canada . And the major problem I have is that I must re-apply for a new permit each time I want to visits Canada until I am eligible for "Rehabilitation" What a joke!!!



Revised: 20 Dec 2013 09:56:23 -0500 .

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