denied entry into Canada
 

A co worker just called me from YVR and told me he was denied entry into Canada.

He was on his way to Whistler for a week-long ski vacation and upon landing in YVR he was refused entry due to a DUI that he received in 2007.

I only spoke with him briefly, and will get all the details when he comes back tonight, but I was wondering.... shouldn't the airline that flew him to YVR have checked eligibility? at no point was he told that a 4 year old DUI would exclude him entry.
does he have any recourse for his expenses?
he prepaid the hotel, ski lift tickets and rental. I think it was a package deal.

He purchased travel insurance, would this be something that they cover?
the trip was purchased on a citi bank AAdvantage american express card. would that offer him any protection?

I know drinking and driving is a serious issue, i dont want to get into how bad it is in this thread, I just want to know if he has any options or is he S O L

Thanks

I think he can apply for some type of waiver of rehabilitation, or something like that...not sure but others here are more knowlegable.

Please explain to me why having a DUI 4 years ago or 20 years ago would make a person (who, by the way is coming to spend money in your country) a risk???? Or any indiscretion in one's past?

A stupid policy.

hes already on a flight home so a waiver wont help at this point, and i doubt he wants to visit Canada again after this experience. He spent over 2K on this trip and hopes its not all lost.

Thanks

regulars on this forum know
 

Canada is very strict about DUI's and entering if if there's on on your record.
Re the travel insurance - it's an interesting question, most insurers will not pay if you are denied entry due to not having a visa or passport. But what about a situation like this where you may not have an idea that you will be denied entry? Can't hurt to file a claim but if there is anything salvageable on the ticket or other expenses that would offset whatever he'd be able to recover.

The airlines are obliged to check travel documents (passports, etc.) but certainly do not check criminal records. I can't see him having any recourse through the airline or travel agent.

He'd have to check the policies, but I doubt it.

I know that that flights into the USA send the passenger list over before the flight takes off to check and see if any pax are barred from the country, its not that much of a stretch to think that Canada does the same.

and FYI a you dont have to be drunk or impaired to get a DUI. you can pass all the field sobriety test and recite the alphabet backwards (from ZED) :cool: but if you blow above .08 youll get a DUI regardless.

again, i dont want to get into the topic of drinking and driving, i just want to know what options my friend has.

Thanks

I feel no compassion for the OP's friend. He should have known better. We are all responsible for learning the other country's immigration laws before visiting. He's lucky he was not arrested and held in a jail cell for breaking the law in Canada--it is illegal to enter with a criminal record without getting a visa or certificate of rehabilitation first. Everyone knows this. It's also illegal to enter if you have charges pending (you have a trial upcoming) or have an active warrant for your arrest. BTW, DUI is considered a felony in Canada.

Canadian Immigration has direct access to the FBI's NCIC database, which shows your criminal record (all arrests and convictions, but only if you were fingerprinted for them), and any national arrest warrants (all felonies and violent misdemeanors which warrant extradition between the states). All they have to do is scan your passport. Not all people are checked though.

And it's not just a Canadian thing. The US has the same rules for those entering from Canada and is even more strict as they don't recognize pardons granted by Canada. So those with no Canadian criminal record can be denied entry into the US if they were pardoned by Canada, as the US still retains the older records.

You are technically not even allowed to cruise to or through Canada from the US with a criminal record.

The only recourse is to ask the resort/agency/hotel for a refund or other credit/exchange directly. Any traveler's insurance claim will most likely be denied since the traveler is responsible for knowing the laws and not breaking them. You can try to file a chargeback with the credit card, but it will likely be denied. It is not up to the airline or resort to check whether you can enter Canada; in fact, they cannot check. Only Canadian Customs and the FBI have access to the NCIC database. This is an internal Canadian issue, not a terrorism issue for the airlines or TSA. The person could have checked with the FBI beforehand to see what is on his record: http://www.fbi.gov/about-us/cjis/bac...kground_checks

BTW, even President George W. Bush was denied entry into Canada due to an old DUI in Kennebunk, ME. He had to get a special visa to allow him to enter. No one is immune.

Anytime anyone books a vacation or trip to Canada, whether it be for business or pleasure, whether it be by land, sea, or air, you are taking a chance of losing your money and possibly being detained in jail if Canada finds you inadmissible due to your criminal record or current charges, even if the conviction was from 30 years ago. If coming by car or foot and they find out, they will turn you around at the border. If coming by air, they will hold you until a flight back can be arranged. If coming by sea, they will not allow you off ship at Canadian ports. If taking a cruise, and stopping in Alaska and taking the train excursion day trip into Canada, if any one person is found inadmissible, the entire train will be turned around. Search the internet for stuff like "denied entry into Canada" or "visiting Canada criminal record" or "cruising to Canada with criminal record" or "US enter Canada criminal record", and you will find many many stories of people being denied entry or terrified since they have already booked a non-refundable trip in advance and their boyfriend has a record.

It would be nice, though, if there were disclaimers about this when you book a ticket to Canada. I've known several people who got turned away when they got there and had no idea it would come up. If they had known, they wouldn't have bothered. An ex-boyfriend of mine was heading there to be a university exchange student and got turned away for a very minor shoplifting offense when he was like 18. He was stupid to shoplift, and Canada had every right to turn him away, but he had planned a whole semester through a university foreign exchange program and then was SOL. You'd think it would have been part of the program orientation packet or something.

just checked with the wife and she didn't know this.

FTR, it is a pain in the butt to contact the Canadian Consulate here in the US and speak to a real person (at least the major consulate branches that handle Rehabilitation and Visas). It is better to contact the FBI and pull your own record, and then apply for a Certificate of Rehabilitation or Visa through the appropriate channels (through the Canadian Consulate or a lawyer) if need be. Warning: this will cost you! You could also apply to your governor (state crimes) or President Obama (all crimes) for a pardon, but that is a long process.

BTW, from what I know the only other country that is as strict as Canada, and who has access to the appropriate databases on Americans, is Israel. Though the UK and Australia are getting there too. Lots of other countries say you can't have a record, but have no way of checking your criminal history if you just show up to visit, such as Japan or Taiwan, unless you apply in advance for a visa.

http://travel.state.gov/travel/cis_p...y_requirements

How is this a safety or security issue ?

There are no felonies in Canada.

Canada (except Quebec) follows Common Law. So yes, there are felonies; y'know, like killing someone.

Corrected I stand re the terminology! :) I meant to say Canada considers DUI a very serious offense, more along the lines of a felony here in the US.

For anyone interested, here are two good places to start regarding inadmissability to Canada:

http://www.cic.gc.ca/english/informa...des/5312E3.asp

http://www.cic.gc.ca/english/visit/conviction.asp

Fair comment...

I'd phrase it (as others have already done):

"Anyone planning to go to Canada should have found this out"

Look... I live in a different hemisphere.. and I found out that sort of detail before going to Canada for the first time... it is no different to establishing whether you need a visa, can get it on arrival or not etc etc

Who said it was a safety or security issue? That link simply says the CBSA determines eligibility to be admitted in accordance "with Canadian Law"...