Friday, March 2, 2012

'New' DUI border rule may signal more changes

The Minneapolis StarTribune has run a story (Canada eases entry rules for some offenders) that states there has been a relaxing at the Canadian border that would allow Americans and other foreign nationals with minor criminality, such as a single DUI (Driving Under the Influence), to enter Canada.
That would be big news, to anglers and hunters who have been turned back from coming to Canada for a single mistake and to the Canadian tourism industry.
In looking at the "new rule;" however, it seems that the only thing that has actually changed is one cost. Under the former system, a person with a single DUI that had occurred less than 10 years ago could pay $200 for a Temporary Resident's Permit. This would allow the person to cross the border one time only. Ten years after the offence, he could resume crossing the border and without any costs.
Under the "new rule" the cost for the TRP is waived but the permit is still a one-time only proposition.
There are some other avenues that people with a single DUI or other offence can hurry the process. I suggest you visit this NOTO website for the details. Nature and Outdoor Tourism Ontario is the organization that represents outdoor tourism operators across Ontario.
Although this recent change is very minor, it is being called an interim measure. In other words, it would appear other changes could be coming in the future.
The big problem is that admissibility to Canada is always at the discretion of a single border officer. If regulations can be used to prevent admitting someone with a single DUI that is less than 10 years old, then there will be some officers who will do that, at their discretion. Other officers, also using their discretion, will admit them. And that is exactly what has been happening. Travelers with a single DUI never new for sure if they would be admitted or turned away. In some instances they were turned away but drove to another crossing where they were allowed in or waited half a day for a shift change and then tried crossing the border again, this time successfully.
The scuttlebut among lodge owners is that there may be a single border officer at the International Falls-Fort Frances crossing who has turned away more Americans for DUIs than at any other border crossing between the two countries. In other words, this officer's discretion is to ALWAYS refuse visitors with a single DUI less than 10 years old. He or she never issues a TRP.
There is nothing in the new ruling that will change that, as far as I can see.
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3 comments:

Anonymous said...

Dan, I've been there done that a few years back. Had to pay the $200.00 TRP. The ten year limit is up and I can now enter with no trouble. I was however allowed to enter the years previous. I assume that my inftraction was not noticed or perhaps the border agent was feeling generous. I know a couple people that have been to camp before and will not attempt to cross until their ten years is up. Maybe the new law will change their mind???
See you opening week!!

Dan B. said...

Although it is not written in stone, most officers would let a person with one DUI and no other law infractions into the country after five years and the one-time TRP.

T. Charles said...

This is a piece of good news. However, the discretion should not be placed with a single officer on the point of entry.