If you’re facing a DUI charge, or have a DUI conviction, you’re probably feeling a lot of anxiety. It’s a stressful situation, and one of your first concerns might be about your ability to travel, both out of and into Canada. The good news is, you’re not alone. Many people face similar concerns. Let’s break down what you need to know.
1. Can You Leave Canada if You Have a DUI Charge?
The simple answer is generally yes, the Canadian government will not stop you from leaving the country because of a DUI-related arrest or conviction. However, there are some exceptions to this rule.
- Passport Surrender: If you are awaiting trial for a Criminal Code Section 320.14 (3) DUI causing death offence, the court may have ordered you to surrender your passport. There may also be other reasons for a court to order the surrender of a passport, depending on the seriousness of the charges and other non-DUI-related charges, as well as potential flight risk.
- Non-Citizens: If you are not a Canadian citizen, you might face complications when you try to return to Canada because of any DUI arrest or conviction. It’s highly recommended that temporary and permanent residents consult with an immigration lawyer before travelling outside the country if they are facing a DUI charge.
For Canadian citizens, a DUI charge or conviction is unlikely to prevent you from leaving Canada. However, it is still advised that you are aware of the implications of your DUI status in case of any unexpected or unprecedented complications that may arise.
2. Can You Enter Canada if You Have a DUI Charge?
This is where things get a bit more complicated. Canada has a reputation for being very strict regarding entry for those with DUI-related issues. Canada is, in fact, probably the most restrictive country in the world regarding denying entry based on DUI. If you have been charged with a DUI, it’s important to be aware of the following:
- Inadmissibility: Canada’s laws make a foreign national who has a DUI conviction criminally inadmissible to Canada.
- Other Countries: Most other countries do not consider a single DUI conviction grounds for denying entry. In fact, Canada seems to be the only country that specifically bars entry based on a DUI as an “inadmissible” offense. Other countries tend to establish “inadmissibility” based on the “seriousness” or “criminality” of the offence.
- The United States: While the U.S. also has a reputation for denying entry based on DUI, a single DUI conviction is not grounds to deny entry. However, multiple DUI convictions, or DUIs combined with other crimes equivalent to misdemeanours, may result in a denied entry or require a waiver. The U.S. also considers crimes involving “moral turpitude” grounds to deny entry. Moral turpitude means “an act or behaviour that gravely violates the sentiment or accepted standard of the community.”
If you have a DUI conviction, entering Canada can be difficult and you may be denied entry. It is important to note that if you are a foreign national, the rules that apply to you for entering Canada might differ from rules that apply to you in your country of origin.
3. What Happens if You Get a DUI Charge in Canada and You’re Not a Citizen?
If you are a permanent resident of Canada and you get a DUI charge, it can have serious implications for your immigration status. Permanent residents can lose their status and face deportation from Canada if they become inadmissible on the grounds of serious criminality.
You are considered inadmissible if you are convicted in Canada of a crime with a possible sentence of 10 or more years imprisonment, or if you are sentenced to more than 6 months in prison. Even if you are not charged or convicted of a crime, such as using a false document to enter the U.S., if that crime is punishable by up to 10 years in Canada, it can be considered grounds for inadmissibility.
If you are inadmissible on grounds of serious criminality and have been sentenced to 6 months or more in prison, you have no right to appeal a decision to strip you of your status and deport you. An appeal matters because permanent residents can raise humanitarian factors for why they should not be deported, such as having lived most of their life in Canada, having young children, or living with mental health issues. These humanitarian factors are not considered if you have been sentenced to 6 months or more. Thankfully most first-time DUI cases do not result in a jail sentence, unless there is a death or bodily harm.
If you are a permanent resident and charged with a crime, it is essential to make sure your lawyer considers the immigration consequences, as criminal lawyers may not fully understand the immigration consequences of certain advice that may be good for a citizen but disastrous for a non-citizen. It is important to also seek an immigration lawyer that understands criminality issues.
The Process
The Canada Border Services Agency (CBSA) will send you a letter stating that you meet the definition of serious criminality. You can make submissions, including humanitarian and compassionate reasons why the CBSA should not proceed. The CBSA officer will then write a section 44 report to start the inadmissibility process. The Immigration Division of the Immigration and Refugee Board will then hold a hearing to decide whether you meet the definition of serious criminality. This division cannot consider humanitarian factors. If the Immigration Division decides that you are inadmissible, a removal order is issued. You can then appeal at the Immigration Appeal Division, which can consider humanitarian factors, and which can set aside the removal order, or impose a stay of removal.
A DUI conviction can have major consequences for non-citizens in Canada, potentially leading to deportation. It is crucial to seek legal advice immediately if you are facing a DUI charge.
Additional Considerations
- Other Countries: While most countries don’t automatically deny entry for a single DUI, some, like Mexico, may deny entry to anyone with a criminal conviction in the past 10 years. Mexico can also arbitrarily deny entry based on DUI.
- Australia and New Zealand reserve the right to deny entry to anyone convicted of a criminal DUI offence.
- Middle Eastern Countries are culturally sensitive about alcohol consumption, which could complicate your entry into those countries if you have a DUI.
- Background Checks: Many countries conduct extensive background checks. Lying about a DUI can lead to denied entry.
What You Should Do if You are Facing a DUI
- Consult an Experienced Lawyer: If you are facing a DUI charge, the most important thing is to hire an experienced DUI lawyer to defend you.
- Be Honest: When travelling, it is important to be honest about your criminal history. Getting caught lying will guarantee a denied entry.
- Plan Ahead: If you’re not a Canadian citizen and plan to travel outside the country, consult with an immigration lawyer and your DUI lawyer to ensure a smooth return.
Dealing with a DUI is stressful. It’s essential to understand the impact it can have on your travel plans. By staying informed, you can take the necessary steps to protect your ability to travel both in and out of Canada.
