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Canadian Law on Admissibility of DUI Convicted or Pending DUI

The law regardng entry into Canada is as follows (pay special attention to the part marked with **’s.):

“Immigration Act of Canada , section: 36 (1) to (3)

Immigration/Exclusion of Visitors, Inadmissibility to Canada for Criminal Conviction

36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

(2) A foreign national is inadmissible on grounds of criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

**(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or**

(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.”

Note the language in (c) states “committing an act”; and (c) is separate from (b) – “having been convicted of an offence.” Before getting to probation, you likely had an administrative suspension of your driving privileges. An administrative suspension would be enough evidence to believe you probably drove under the influence (a probable cause standard). All that is needed to be indicted under an Act of Parliament is probable cause. Thus, you would be inadmissible.

Even if you were not administratively suspended, you likely had to concede the evidence against you was strong enough to convict you to get on probation.

Further, as Attorney Scott Wonder has advised in the past, look to the pamphlet on admission into Canada:

“In general, temporary residents and applicants applying for permanent residence are considered to be
criminally inadmissible if the person:

• was convicted of an offence in Canada;
• was convicted of an offence outside of Canada that is considered a crime
in Canada; and/or
• committed an act outside of Canada that is considered a crime under the laws of the
country where it occurred and would be punishable under Canadian law.

Note: In order to determine inadmissibility, foreign convictions and laws are equated to
Canadian law as if they had occurred in Canada.”

Even if not convicted, under the “committed an act” language, you are criminally inadmissible.