DUI – CANADA ENTRY

Despite being otherwise eligible to travel to Canada, having a dui on your record , as a foreign national may render you inadmissible to Canada.  Similarly, having a dependent family member that has a previous criminal conviction, such as a DUI may also make you inadmissible.  Any past criminal conduct may be a cause for concern given that the Canadian government must be satisfied that travellers are not inadmissible to Canada when they cross the Canadian border.

Driving under the influence offences carry different names depending on the jurisdiction where the offence occurred.  Any variation of drinking and driving statues may render someone ineligible to cross the Canadian border, examples include but are not limited to: Driving while ability impaired (DWAI), Driving while impaired (DWI), Driving while intoxicated (DWI), Driving under the influence (DUI), Operating a motor vehicle while intoxicated (OMVI), Operating while intoxicated (OWI) or Wet & Reckless.

Citizens of the United States should note that under the Canadian Immigration and Refugee Protection Act (IRPA), only the classification of the offence in Canada matters.  This means that whether the offence was a felony or a misdemeanor in the U.S is irrelevant, an individual can be inadmissible to Canada for a misdemeanor conviction.

Temporary Resident Permit (TRP)

If you need to overcome inadmissibility to Canada, for a specific and temporary purpose, you will require a Temporary Resident Permit (TRP). A Temporary Resident Permit is a pass that allows someone who is otherwise inadmissible to enter Canada, but it does not erase the inadmissibility. Applications for Temporary Resident Permits require that the applicant provide a significant reason to explain why they must be in Canada despite being criminally inadmissible.