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Need kind of legal help Canada/USA

post #1 of 11
Thread Starter 

Hi guys and girls

 

I spent last winter i Revelstoke and the day when the torch came to town we partyed a little too much.

 

Long story short, when the pub closed we all went outside to meet up (with way too many drinks consumed) to go home. I did, stupid enough, decide to take a piss while we waited for the others. A policecar went by, saw me and the officer told me to come with him. So I did, took a seat in the car and he drove me to the station where I spent the night to sober up. Was released the following morning and got a fine of 115CAD, which I paid the first thing after I got out.

 

My question is if this will cause any problems if I want to go back this winter? It would suck to take a 16 hour flight just to be denied entry. Have'nt done anything before or after that in any country, have'nt even got a speedingticket in my life. So, will they still let me visit Canada? How about USA?

 

I'm thinking it would'nt be any problems, but better safe than sorry.

 

Thanks

post #2 of 11

If all else fails, you could always do what this guy did:

 

woldman_jpg_988661cl-3.jpg

 

 

Mystery man’s identity remains masked

post #3 of 11

I assume you're in Europe, but you don't say.

 

The Canadians are pretty darned strict about letting folks in who have had legal issues.  I would check their official web sites for customs and immigration to see what they say.  The biggest problem I've heard about is with DUI convictions which is not a concern for you.  Were you convicted of a crime, or was this just a civil penalty like a speeding ticket?  That probably would make a difference.

 

About the rules for entering the US, I'm clueless.  I'm a citizen, so they have to take me back.

post #4 of 11

"If an individual is only convicted of one offence which may only be prosecuted by summary procedures then such an individual is not inadmissible, however, two summary convictions not arising out of a single event will render an individual inadmissible."

 

According to this, it would seem you would be okay to re-enter the country because public urination is a nuisance offence and not a criminal offence, and you only did it (got caught) once.  To be safe you should contact the Canadian Embassy or Consulate near you and confirm this.  If it's an issue, they also have the discretionary ability to provide you with a 'Minister's Permit' to allow entry to the country if you are deemed not be be a threat.  If your record is clean at home then you should qualify for this.

 

I had an ex-girlfriend who had been convicted for shop lifting when she was young, and the first time she entered Canada to visit (pre 9-11) it popped up on the computer and she spent four hours being grilled by immigration officials before being allowed to enter.  Nowadays, she probably would be denied entry.  She subsequently applied for a Minister's Permit to give her the ability to re-enter in the future and everything was fine after that.

 

A Canadian Visa office might be the best place to start

http://www.cic.gc.ca/english/information/offices/missions.asp

 

The Canadian foreign office directory (embassies and consulates) can be found here

http://www.international.gc.ca/ciw-cdm/embassies-ambassades.aspx


Edited by exracer - 11/9/10 at 9:26am
post #5 of 11

Just before a crossing for a canoe trip our group from Colorado rendezvoused with two friends who had just driven 1500 miles or so from New York. One had a 'fixable issue' like a DUI or something from 20 something years prior and was not admitted. It got tense at the border with a fully armed patroller in vest, etc when one of the two got toe to toe with him while protesting the 'injustice'. They had to abort the trip and drive home.

 

It's good of you or anyone to clean up issues if you have a record prior to trip planning.

post #6 of 11
Quote:
Originally Posted by Alpinord View Post

Just before a crossing for a canoe trip our group from Colorado rendezvoused with two friends who had just driven 1500 miles or so from New York. One had a 'fixable issue' like a DUI or something from 20 something years prior and was not admitted. It got tense at the border with a fully armed patroller in vest, etc when one of the two got toe to toe with him while protesting the 'injustice'. They had to abort the trip and drive home.

 

It's good of you or anyone to clean up issues if you have a record prior to trip planning.


DUI's are a big "No No" and are always denied entry.  Too bad your buddy hadn't done his homework before trying to cross the border.

post #7 of 11
Thread Starter 

The fine was for being drunk in public (if there is any difference from public urination, got caught first and only time) and I am in Europe, sorry, forgot to add that.

 

No previous records of anything so my chances to be allowed entry is hopefully high. I'll contact their embassy to doublecheck it.

 

"If an individual is only convicted of one offence which may only be prosecuted by summary procedures then such an individual is not inadmissible, however, two summary convictions not arising out of a single event will render an individual inadmissible."

 

This got me a bit confused, what counts as a conviction? A fine/ticket or do you actually need to go to court? Legal language is kind of hard 

post #8 of 11

I'm no lawyer, but "Summary Offence" in Canada refers to petty crimes and is much less serious than an Indictable Offense.  Public Urination doesn't even classify as a Summary Offence (it's called an 'Infraction', like a parking or speeding ticket), so according to the quote I originally posted, which referred to Summary Offences, you shouldn't have a problem but you definitely need to check with someone in a Canadian Foreign Service or visa office to be certain.

 

I just noticed you said the ticket was for being drunk in public.  That's probably just a minor infraction too, but you should check before you visit again.

post #9 of 11

Public intoxication IIRC is not a criminal offence, so you should be fine.

post #10 of 11

I'm with Ghost. It is not a "criminal offence" and therefore shouldn't affect you. It's kind of like getting a speeding ticket.

post #11 of 11

I'm a Canadian lawyer & can assure you that you will have no problem.  You weren't convicted of a criminal offence & you therefore have no criminal record.  You'll be welcomed back.

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