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Going to Canada? Check your past
Tourists with minor criminal records turned back at border

C.W. Nevius
Friday, February 23, 2007

There was a time not long ago when a trip across the border from the United States to Canada was accomplished with a wink and a wave of a driver's license. Those days are over.

Take the case of 55-year-old Lake Tahoe resident Greg Felsch. Stopped at the border in Vancouver this month at the start of a planned five-day ski trip, he was sent back to the United States because of a DUI conviction seven years ago. Not that he had any idea what was going on when he was told at customs: "Your next stop is immigration.''

Felsch was ushered into a room. "There must have been 75 people in line," he says. "We were there for three hours. One woman was in tears. A guy was sent back for having a medical marijuana card. I felt like a felon with an ankle bracelet.''

Or ask the well-to-do East Bay couple who flew to British Columbia this month for an eight-day ski vacation at the famed Whistler Chateau, where rooms run to $500 a night. They'd made the trip many times, but were surprised at the border to be told that the husband would have to report to "secondary'' immigration.

There, in a room he estimates was filled with 60 other concerned travelers, he was told he was "a person who was inadmissible to Canada.'' The problem? A conviction for marijuana possession.

In 1975.

Welcome to the new world of border security. Unsuspecting Americans are turning up at the Canadian border expecting clear sailing, only to find that their past -- sometimes their distant past -- is suddenly an issue.

While Canada officially has barred travelers convicted of criminal offenses for years, attorneys say post-9/11 information-gathering, combined with a sweeping agreement between Canada and the United States to share data, has resulted in a spike in phone calls from concerned travelers.

They are shocked to hear that the sins of their youth might keep them out of Canada. But what they don't know is that this is just the beginning. Soon other nations will be able to look into your past when you want to travel there.

"It's completely ridiculous,'' said Chris Cannon, an attorney representing the East Bay couple, who asked that their names not be used because they don't want their kids to know about the pot rap. "It's a disaster. I mean, who didn't smoke pot in the '70s?''

We're about to find out. And don't think you are in the clear if you never inhaled. Ever get nabbed for a DUI? How about shoplifting? Turn around. You aren't getting in.

"From the time that you turn 18, everything is in the system,'' says Lucy Perillo, whose Canada Border Crossing Service in Winnipeg, Manitoba, helps Americans get into the country.

Canadian attorney David Lesperance, an expert on customs and immigration, says he had a client who was involved in a fraternity prank 20 years ago. He was on a scavenger hunt, and the assignment was to steal something from a Piggly Wiggly supermarket. He got caught, paid a small fine and was ordered to sweep the police station parking lot.

He thought it was all forgotten. And it was, until he tried to cross the border.

The official word from the Canadian Border Services Agency is that this is nothing more than business as usual. Spokesman Derek Mellon gets a little huffy when asked why the border has become so strict.

"I think it is important to understand that you are entering another country,'' Mellon says. "You are not crossing the street.''

OK, but something changed here, didn't it?

"People say, 'I've been going to Canada for 20 years and never had a problem,' '' Lesperance says. "It's classic. I say, 'Well, you've been getting away with it for 20 years.' ''

A prior record has always made it difficult to cross the border. What you probably didn't know was that, as the Canadian Consulate's Web site says, "Driving while under the influence of alcohol is regarded as an extremely serious offense in Canada.''

So it isn't as if rules have stiffened. But what has changed is the way the information is gathered. In the wake of 9/11, Canada and the United States formed a partnership that has dramatically increased what Lesperance calls "the data mining'' system at the border.

The Smart Border Action Plan, as it is known, combines Canadian intelligence with extensive U.S. Homeland Security information. The partnership began in 2002, but it wasn't until recently that the system was refined.

"They can call up anything that your state trooper in Iowa can,'' Lesperance says. "As Canadians and Americans have begun cooperating, all those indiscretions from the '60s are going to come back and haunt us.''

Now, there's a scary thought. But the irony of the East Bay couple's situation is inescapable. Since their rowdy days in the '70s, they have created and sold a publishing company, purchased extensive real estate holdings and own a $3 million getaway home in Lake Tahoe.

"We've done pretty well since those days,'' she says. "But what I wonder is how many other people might be affected.''

The Canadian Border Services Agency says its statistics don't show an increase in the number of travelers turned back. But Cannon says that's because the "data mining'' has just begun to pick up momentum.

"It is too new to say,'' he says. "Put it this way. I am one lawyer in San Francisco, and I've had four of these cases in the last two years, two since January. And remember, a lot of people don't want to talk about it (because of embarrassment).''

Asked if there were more cases, attorney Lesperance was emphatic.

"Oh, yeah,'' he says. "Just the number of calls I get has gone up. If we factor in the greater ability to discover these cases, it is just mathematically logical that we are going to see more.''

The lesson, the attorneys say, is that if you must travel to Canada, you should apply for "a Minister's Approval of Rehabilitation" to wipe the record clear.

Oh, and by the way, if you don't need to travel to Canada, don't think you won't need to clear your record. Lesperance says it is just a matter of time before agreements are signed with governments in destinations like Japan, Indonesia and Europe.

"This,'' Lesperance says, "is just the edge of the wedge.''

Who would have thought a single, crazy night in college would follow you around the world?

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Rules for getting into Canada

For more information on offenses that prohibit entry to Canada, go to the Canadian Consulate's Web site at geo.international.gc.ca/can-am/seattle/visas/inadmissible-en.asp.

article link: https://sfgate.com/cgi-bin/article.cg...NGCAO9NSB1.DTL

[Verite]

Dang, its the maple leaf beaver gestapo.

[viewsonic123]

so since i was caught with a bud when i was 18 i cant go into canada now?
i knew felons cant leave the country but now i am just as bad in the canadian governments eyes? wow

[Sausage]

I tried to enter at the Blaine entrance in summer 2005. Put the dogs on my car and searched me several times. Lots of stupid questions and then I had to go to this building. I was asked by an agent if I have every been convicted and told them no. Figured it was worth a shot. Another agent came over, searched my pockets, waistband and had me pull up my pant legs. She then proceeds to thorouhgly search my rental vehicle and even booted up my laptop.

Eventually they found out about all the charges I ever had. The charges were from almost 10 years prior. They could not even figure some out because the statues are different in Canada. They had me sign a paper and cut me loose. I then had to go to the US side and the agent ran a warrant check and let me go. I had some amazing haze they never found and you can be sure I went a smoked some shorlty after this encounter

Funny thing about the trip: I came to see Vancouver, I just wanted to smoke a little and if I liked that area, I was considering purchasing property.

Screw Canada and their politics. If I really wanted in, I would hop the border and go on my merry way. I have nothing against the people of Canada and I apologize for the scum bag Amerikkkan administration for influencing your politicians.

After all that poor treatment, I will spend my money traveling to EU. I thought Canda was a cool place.

[KharmaGirl]

It is. There is a difference between the average Canadian and a politician. Just like there is a difference between an average American and your leaders. Should I judge you based on your government? Would you judge me based on mine? "Fuck Canada" was a bit harsh, dontcha think?

[trichomefarmer]

its what happens when lawyers become politicians. soon we will need a lawyer to breathe and cross the street.

[Rosy Cheeks]

Damn, stuck on the wrong side of the fence, and no cross-over...

[Sausage]

Rosy That photo pretty much sums it up.

Originally Posted by KharmaGirl

It is. There is a difference between the average Canadian and a politician. Just like there is a difference between an average American and your leaders. Should I judge you based on your government? Would you judge me based on mine? "Fuck Canada" was a bit harsh, dontcha think?

Kharma Girl

We are very much judged / stereotyped by the stance of the politicians of the country we come from.

I see your point, but please understand I do not take kindly to a country that makes me feel like a terrorist. I was searched 4 separate times and the dogs were put on the car twice. Most of the border agents were very rude.

I feel very strongly about being made to feel unwelcome in a country. For the last decade I have been made too feel like an outcast and been subject to undeserved descrimination because I made some mistakes when I was 19 years old.

I am not sure how things are in Canada, but here in the US, the illegals aliens are getting better treatment, financial assistance, free health care and more opportunities than a regular citizen or person with a felony for that matter. The US government flat out told the people of the US, they won't help us if there is a major disaster. Look at the refugees of Katrina.

Anyway I have nothing against the people of Canada. I use to chill with a Canadian that lived in Toronto and went to school in Windsor. He was a really friendly person and I am still in touch with him. He told me that most of the drug dealers he knew were Americans living in Canada.

Did not mean to get in a political debate, just wanted to share my experience!

Peace.

[Chuckleberry]

Yes this has happened to a group of us on our way up north on a fishing trip. Two of us had a DUI from 10 yrs ago, was searched hardcore then turned around and searched once again more thoroughly coming back thru the U.S. border.

We have gone on this fishing trip every year for the past 8 years, 4-6 people in our group spending 3-5 thousand dollars each on the trip anually. Thats ALOT of $$$ lost just from our group. Think of how many more are turned away as well.

Canadas loss, from here on out we will just fish here in the States.

I wonder if Canadians with similiar records are denied entry into the U.S.?

I doubt it...

[Verite]

Imo Canada still owes us big time for letting Alan Thicke leave.