Finally Coming To Their Senses.......Eh?

[Frank Walsh]

I found this post on another forum. Let's hope this is for real.


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Effective March 1st 2012 there will be a policy change at the border that will make it easier for individuals with ONLY ONE minor criminal charge...NO MATTER HOW RECENT.....to be issued a temporary resident permit WITHOUT A FEE. In other words, you will be allowed access to Canada on your fishing trip even if you had a minor criminal charge the past month or year....without a fee.......but, as usual, subject to the discretion of the border official.

I will post a link to the official document once it is available.

[admin911]

Steve posted this earlier today on this subject. http://www.outdoors911.com/reports/showthread.php?25258-Great-news!!!-Changes-regarding-criminal-records-and-admissability-into-canada

[Frank Walsh]

NEW..NEW..NEW. The Federal Minister of Citizenship and Immigration Canada announced he signed into law today effective March 1st 2012 that the border crossing issues involving minor misdemeanors particularly but not solely including DUI’s have been relaxed now.


Anyone who is a single one time offender of any misdemeanor including DUI, and so on that did not serve more than 6 months in jail will now be automatically allowed into Canada and not turned back and no fees.

He explained that you can now fill out your rehabilitation forms as of March 1st and at no cost now too and be automatically granted a one time pardon effective immediately so you will not be stopped or turn back ever again.

If you do not fill out this form ahead of time then you simply get pulled over when attempting to cross and informed how to fill out the paperwork, but still allowed to cross over the border. If you never fill out the form all that will happen is that you continue to get pulled over again, so they can continue to explain what to do to get this erased from your record, but again you do not get denied entry for one time offenders and it does not make any difference if it was last week, last month or last year, as there is no waiting time now at all.

However if you are a multiple offender and have more than one misdemeanor or DUI then it reverts back to the old law now on the books where you still have to wait 5 years from the date of your most recent conviction and then in this case you pay the 200.00 fee and send in the rehabilitation forms after 5 years, which will then be granted like now.

[Tim Kelly]

Sounds like a great excuse for a party! :)

[jwegs]

Hi Frank,

Do you know if someone with one DUI would be able to get a RABC with this law change? Thanks
jw

[Frank Walsh]

Don't know, but I doubt it. The RABC is a "Trusted Person" document. We should ask the question once there is an official government announcement.

I'm heading to Canada Customs tomorrow to renew my Nexus Card. I'll see if I can learn anything.

[jwegs]

I wonder if you sent the completed rehabilitation form that you get back in with the application if that would make a difference?

[anglefisherman]

Went thru the Sprague border today north of Roseau. Asked the border guard about the new dui regulations and he didn't know a thing about it. He said he was going to call his boss and ask about it. You would think he would something about it if this ain't bullshit. I am going thru tomorrow and will ask him if he talked to the boss. Hopefully he is still on duty. Hope this is for real.

[anglefisherman]

Back thru the border today north of Roseau. The border guard I talked to yesterday called his supervisor and asked him about the rumors of a new law. He told him there is no passed law at this time and everything remains the same for now. He did say there is some proposals there looking at. If you are a felon or convicted drunk driver I wouldn't assume you can get thru the border, at least at South Junction north of Roseau.

[lambeau]

well it's reassuring to see that the Canadian bureaucracy is just as inefficient at communicating as American ones are.

[anglefisherman]

You got that right. I will let you know if things change here in Roseau as I'm through the border constantly.

[anglefisherman]

I was at Rainey River customs today getting RABCs renewed. I asked the customs agent about these changes and he said he just received a letter from CSBA (canadien customs) but hadn't read it yet. So we read it together. He interpreted it as follows.
As of march 1st 2012 the fee for a TRP (temporary permit) is waived for the FIRST TIME for people who qualify for the permit. Any TRP after the first one costs $200. In order to qualify sounds like what we have been taking about. One minor offense left up to the customs agent whether you qualify.
A step in the right direction for the person entering Canda once. However if you plan on going more than that and your offenses are 5 years old your better off appying for rehap through CICA ( canadien immigration)
If anyone else has different info I would like to know.

[Frank Walsh]

Received this text from one of our tourism associations:

New border rules – What does it mean for guests?

There is still a lot of confusion over the announcement made by Immigration Minister, Jason Kenny and MP Greg Rickford regarding relaxed admission procedures for guests who have minor criminal records, such as DUIs. We are aware that a number of operators have circulated notices to their guests that indicate that these past offenses are no longer a barrier to admission. We believe that this greatly overstates the nature of the actual change that has been made, and have been confirming details in original documents and with our sources in the Canada Border Services Agency.

Finally, the Operational Bulletin for this initiative has been posted outlining the details of the initiative and its application.

This change does not make all formerly inadmissible guests admissible!Although it is an important step forward, it does not significantly change the rules for admissibility. It does not replace or change the existing procedure for applying for Criminal Rehabilitation, and really only applies to the process of obtaining a Temporary Residency Permit (TRP) – the traditional $200 one-time admission that is granted at the border.

This initiative does not change the fact that front-line border officials have very broad discretionary authority. Although this initiative reflects a policy direction from the political leadership, final decisions will continue to be made on the spot as you cross the border.

What Changes?
•The normal $200 fee can be waived.
•A TRP can be granted even for a recent offense – guest with a single DUI a year ago may now be admitted.

What Stays the Same?
•The rules and process for criminal admissibility have not changed.
•It is still a one-time admission. Guests will still be expected to use the Criminal Rehabilitation process if they want to come back in the future.
•It is not being offered to guests with more than one offense. As before, the guest with several DUIs from many years ago still needs to apply for rehabilitation.
•Guests with a single offense that is more than ten years old were already eligible to be considered Deemed Rehabilitated and admitted. This does not change.
•A guest who would appear to qualify for Criminal Rehabilitation but who has not yet completed the process can still be admitted with a TRP. This was already the case and has not changed.

These changes are a very positive step forward and will make life easier for many guests. They are not, however, a “magic bullet”. We urge you to advise your guests to check carefully the details of their individual situation, and, of course, to call NOTO for individual advice.

The full bulletin can be found at:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob389...