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Rifleman
Premium
join:2004-02-09
p1a

Getting A Passport-----Criminal record?

Does one need a pardon in order to get a passport? I have a old impaired charge from 19 years ago that I haven't bothered getting a pardon. Will that stop me from getting a passport?
I am almost ready to hit the road--2 more months I hope.


ArthurS
Watch Those Blinking Lights
Premium
join:2000-10-28
Hamilton, ON
If you plan to visit the USA, then I would most definitely get that pardon and make sure your paperwork is in order.


Andarabahar

@dsl.bell.ca
reply to Rifleman
said by Rifleman:

Does one need a pardon in order to get a passport? I have a old impaired charge from 19 years ago that I haven't bothered getting a pardon. Will that stop me from getting a passport?
I am almost ready to hit the road--2 more months I hope.
No Canadian can be denied of Passport. Remember Khdar was given after big fuss.

horsemouth1
Please Clarify My CSP
Premium
join:2002-03-13
canada

1 edit
reply to Rifleman


Jolie8
Take my advice.. I don't use it anyways.
Premium
join:2004-08-07
London, ON
reply to Andarabahar
said by Andarabahar :

said by Rifleman:

No Canadian can be denied of Passport. Remember Khdar was given after big fuss.
He won't be denied a passport, but, there is a chance he could be denied entry into the US.

pat_lc2000

join:2006-02-04
Ottawa, ON
reply to Rifleman
is a impaired a felony charge or misameanory, as that is the biggest thing for travel.

Bob Anderson

join:2001-05-05
Ottawa, ON
kudos:1

1 edit
reply to Rifleman
You need to do some homework. Find out what laws you were convicted under. It may be a highway traffic act. Once you find out, phone the embassy of the country you are going to and then explain exactly what law you were convicted under and when. Never ask a generic question like "can I enter the US with a criminal record?".

The US for sure will turn you down flat.

-Bob


Rifleman
Premium
join:2004-02-09
p1a

1 edit
reply to Rifleman
Yeah-----I was reading that info Horsesmouth---and I don't see anything about being denied a passport. I just don't know what happens at customs--present passport and get on the plane or do they thoroughly chck me out.
A pardon is tedious and expensive. I paid the fines etc and did the time.
From The website:
Passport Canada may refuse to issue a passport to, and may revoke the passport of a person who:

provides false information in the passport application process;
is charged in Canada with the commission of a serious offence, or a similar offence abroad;
is imprisoned or otherwise forbidden to leave Canada, or being abroad, is imprisoned or otherwise forbidden to leave that country;
is subject to conditions imposed by a court that have the effect of preventing possession of a passport; or
has been convicted of a passport offence under the Criminal Code or the equivalent abroad.

Bob Anderson

join:2001-05-05
Ottawa, ON
kudos:1
When you present your passport you will be asked the purpose of your travel, where you are going and for how long.

They MIGHT call you aside and ask further questions. They MIGHT do a name lookup on their no-fly list.

Whatever you do don't volunteer any infomation and ALWAYS tell the truth. If you don't, they will put you on the no-fly list sooner or later.

Generally people just sail right through customs for the US and Europe.

-Bob

horsemouth1
Please Clarify My CSP
Premium
join:2002-03-13
canada
reply to Rifleman
I hear ya [roll the dice and see how it works I give you a 1% chance of failing Best I can do .


Snickerdo
Premium
join:2001-02-28
Niagara Falls, ON
reply to pat_lc2000
said by pat_lc2000:

is a impaired a felony charge or misameanory, as that is the biggest thing for travel.
Canada doesn't have felonies and misdemeanours like the USA. We have indictable, hybrid and summary offences, which are roughly equivalent (though there are differences) to the US versions with the "hybrid" offences being ones where the Crown can decide to proceed as either indictable or summary.

As for criminal Impaired Driving, it's a hybrid offence. You would need to find out how you were convicted. If you were convicted of the crime in indictable form, you'll have absolutely no luck getting into the USA without a pardon. A summary offence is a crapshoot and can go either way. If you were only convicted of the Provincial Offense version, it's not considered a criminal offence and you'll have no problems getting into the USA. Find this out first before you get to the border.

Oddly enough, it is much harder for Americans with impaired driving convictions to get into Canada than Canadians with them getting into the USA. Under our laws, we use the "worst case" situation to determine admissibility. This means that even though an American convicted of impaired driving may have had it treated like a traffic ticket with a fine they paid, under Canadian law the "worst case" is an indictable offence with significant jail time. We use this criteria for admissibility, not specifically what happened to them, and therefore most Americans convicted of impaired driving are inadmissible to Canada.
--
I swear that I will faithfully and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen.


Snickerdo
Premium
join:2001-02-28
Niagara Falls, ON
reply to Rifleman
said by Rifleman:

is charged in Canada with the commission of a serious offence, or a similar offence abroad;
You can bet this line will be removed from the website quite soon. The Supreme Court has ruled that a passport a right available to all Canadian citizens that cannot be denied for criminal or national security reasons.
--
I swear that I will faithfully and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen.


tyler00
Premium
join:2001-06-27
Pickering, ON
reply to Rifleman
Whatever you do, don't try to smuggle pot in your gas tank.

»cnews.canoe.ca/CNEWS/Crime/2008/···sun.html

"A detector dog sniffed out drugs in the rear-seat area of the SUV, Corsaro said, and a gamma-ray machine detected anomalies in the tank.

U.S. officers have seized 362 kilos of marijuana and 16,000 ecstasy pills, worth $2.75 million, in the last three weeks from vehicles crossing from the Niagara area. "


andyb
Premium
join:2003-05-29
SW Ontario
kudos:1
He He.So thats how snickerdo pays his internet bill.Hmmm


bluebaron2
Stuff Happens
Premium,Mod
join:2001-02-01
North of 44

1 edit

1 recommendation

reply to Rifleman
Short answer:
Yes you can get a passport with a criminal record.
Yes you can be denied entry to the US with a criminal record. Your name will be in the data base, once you have a criminal record it's there for life unless you get a pardon. If your rejected once you'll probably realistically never get back in.

Getting a pardon is possible, a few hundred dollars and about two years of your time.

These folks can do it for you for a fee.
Or you can try and do it yourself but it will probably take you much longer and will definitely entail much much more work.

Edit: typos
--
bb2

Since I've given up hope I feel much better.


digitalfutur
Sees More Than Shown
Premium
join:2000-07-15
BurlingtonON
kudos:2
reply to Snickerdo
said by Snickerdo:

said by Rifleman:

is charged in Canada with the commission of a serious offence, or a similar offence abroad;
You can bet this line will be removed from the website quite soon. The Supreme Court has ruled that a passport a right available to all Canadian citizens that cannot be denied for criminal or national security reasons.
Not quite right. The national security clause (10.1) of the Canadian passport order is still in effect for 6 months from the 3/13/2008 Federal Court of Canada decision, so the applicant in that case still does not have a passport.

»www.thestar.com/News/Canada/article/346021

You can be denied a passport for a conviction under s.57 pf the criminal code - forgery or uttering a forged passport, or a false statement in relation to a passport, whether the conviction is in Canada or the equivalent outside Canada.

You can also be denied a passport if you've been charged with an indictable offence within or without Canada, or if you are imprisoned, on parole, probation, statutory release, or the subject of a conditional sentence order.

If you already have a passport and have been convicted of an indictable offence (i.e imprisoned), your passport can be revoked.

»laws.justice.gc.ca/en/showdoc/cr···bo-ga:s_
--
All that is necessary for the triumph of evil is that good men do nothing - Edmund Burke. "Walk the Talk".

WNGFAN 1

join:2003-11-02
Leamington, ON
reply to Rifleman
"Have You ever been finger printed?" This is a question US Customs is asking a lot these days. If so You may not only need a pardon but also a Criminal Waiver to enter the United States.


donoreo
Premium
join:2002-05-30
North York, ON
said by WNGFAN 1:

"Have You ever been finger printed?" This is a question US Customs is asking a lot these days. If so You may not only need a pardon but also a Criminal Waiver to enter the United States.
I would have to say yes to that if asked. I had to for military service and security clearance.
--
The irony of common sense, it is not that common
I judge you when you use poor grammar
I cannot deny anything I did not say


E_V
Premium
join:2000-09-29
Vancouver, BC
kudos:5
reply to Jolie8
said by Jolie8:

said by Andarabahar :

said by Rifleman:

No Canadian can be denied of Passport. Remember Khdar was given after big fuss.
He won't be denied a passport, but, there is a chance he could be denied entry into the US.
Absolutely and the problem is if you enter the US with a record not only can they turn you away if you don't disclose it they can confiscate and keep your property including your vehicle and jail you. The other thing is once you are in the American data base as having a record they can deny you entry regardless of whether you obtain a pardon from Canada in the future.

Best thing for anyone with a record travelling to the US is to get the pardon first or be prepared to pay,fill out paperwork and wait for a waiver to clear each time you cross.


Snickerdo
Premium
join:2001-02-28
Niagara Falls, ON
reply to digitalfutur
said by digitalfutur:

Not quite right.
The passport office can put whatever they want on their website right now, the court ruling overrides a number of these "regulations." If the office is stupid enough to deny someone a passport from this point on the courts can get involved and override the decision.
--
I swear that I will faithfully and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen.


digitalfutur
Sees More Than Shown
Premium
join:2000-07-15
BurlingtonON
kudos:2
The ruling applies only to s.10.1


Snickerdo
Premium
join:2001-02-28
Niagara Falls, ON
said by digitalfutur:

The ruling applies only to s.10.1
The wording of the judges ruling will allow it to be used for challenges against other denial regulations, since the judge specifically mentioned how denying someone a passport also denies them their Charter right to enter and leave Canada at will.
--
I swear that I will faithfully and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen.

lawrence171
Evilly Yours - Evilness

join:2001-12-24
Canada
Reviews:
·Acanac
reply to Snickerdo
said by Snickerdo:

said by Rifleman:

is charged in Canada with the commission of a serious offence, or a similar offence abroad;
You can bet this line will be removed from the website quite soon. The Supreme Court has ruled that a passport a right available to all Canadian citizens that cannot be denied for criminal or national security reasons.
I think they'll merely rewrite the law.
--
What I used to be I no longer am... God, why can't you freeze time for my sake?


Snickerdo
Premium
join:2001-02-28
Niagara Falls, ON
said by lawrence171:

I think they'll merely rewrite the law.
At this point, any rewrite would have to be under the notwithstanding clause for it to have any effect.


digitalfutur
Sees More Than Shown
Premium
join:2000-07-15
BurlingtonON
kudos:2

2 edits
reply to Snickerdo
Perhaps, but sections other than 10.1 stand until otherwise judged , as does s 10.1 for the next 6 months.

It was not the court's judgement that a passport can never be denied with respect to a criminal record, especially a conviction for forging or uttering a forged passport or permitting someone else to use it. The court is smarter than that to realize the chaos that would ensue.

A passport is not an absolute right.

A rewrite of the law is why the court stayed its decision on 10.1 for 6 months, so the nothwithstanding clause is not required at this point.

Edit: Add missing word.
--
All that is necessary for the triumph of evil is that good men do nothing - Edmund Burke. "Walk the Talk".


Snickerdo
Premium
join:2001-02-28
Niagara Falls, ON
said by digitalfutur:

A passport is not an absolute right.
No, but the ability to enter and leave Canada most definitely is. The judge ruled that since a passport is required to re-enter Canada, the rights to a passport is also extended. This is why, regardless of the changes to the law, we're going to get into a real interesting situation where any grounds for the denial of a passport will require a Section 1 test. While I could see forgery and temporary court orders withstanding a Section 1 test, the whole denial based on a criminal conviction in the past or a "potential" security threat will most certainly not.
--
I swear that I will faithfully and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen.

lawrence171
Evilly Yours - Evilness

join:2001-12-24
Canada
Reviews:
·Acanac
reply to Snickerdo
said by Snickerdo:

said by lawrence171:

I think they'll merely rewrite the law.
At this point, any rewrite would have to be under the notwithstanding clause for it to have any effect.
I don't think the current government would have any issues with that. Its also possible for the government to issue a passport and revoke it later. What about the "royal prerogative"?
--
What I used to be I no longer am... God, why can't you freeze time for my sake?


Snickerdo
Premium
join:2001-02-28
Niagara Falls, ON
said by lawrence171:

What about the "royal prerogative"?
It would be interesting to see what happens when Royal Prerogative is in conflict with the Charter or vice versa. Where's mens rea when we need him?
--
I swear that I will faithfully and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen.


siouxie
I've got the Steel City Blues

join:2005-08-18
Ontario
reply to Rifleman
With regards to entering the US with any type of criminal record..

My friend was going down to the states for a vacation when she was asked at the border if she had every been convicted of any crime at any time. After answering "yes, when I was 17" the immigration guy said it was lucky she had admitted to it as if she had denied it she would not have been allowed to enter the country.

It turns out she was convicted of assault when she was 17 (she is 43 now) and it was still showing on the file.

She was told to obtain a pardon as soon as possible as they would not allow her entry again unless she did. It took her 2 years to obtain one, but is now conviction free.

I thought that there was an automatic clearance for youth crimes, but apparently this one was still showing.

Close call!
--
I have bad habits...



Rifleman
Premium
join:2004-02-09
p1a
reply to Rifleman
Gonna have to take that chance as I ain't waiting 2 years for a pardon.