So you are thinking about coming to Canada, but have been charged or convicted of an offence, for example Driving Under the Influence (“DUI”) or Driving While Intoxicated (“DWI”) in the United States. Now you’re wondering how that will affect your ability to enter Canada and what you should do at the border. If so, then you’ve come to the right place.

Individuals with convictions or outstanding criminal charges may be criminally inadmissible to Canada and require a Temporary Resident Permit [TRP] or the Minister’s Approval of Rehabilitation. At the border, the Canada Border Service Agency (“CBSA”) officers are entitled to ask you wide array of questions including information about your criminal record and history. Based on your answers, the Officer will determine whether you may enter Canada or not. The followings should always guide your conduct at the border:

Tell the truth: You can hire a lawyer to fix your legal problems, but they cannot restore your credibility. It is significantly more difficult to overcome a legal problem when it has been tainted with dishonesty.

Therefore, when asked about your criminal history, you should always tell the truth. Failure to disclose such information could lead to a finding of misrepresentation, which could undermine your ability to enter Canada in the future. Canada and the United States exchange security intelligence and your statements can always be corroborated with the available information.

“Miranda Rights” at the border: In short, there is no such a thing as “Miranda Rights” at the border. You have a right to be advised by counsel at the border, often briefly and over the phone. You may also hire a lawyer to accompany you at the border to attend the examination and interview conducted by the CBSA. However, you should note this is not an absolute right and CBSA may proceed with your examination without a lawyer. If you have made a request to enter Canada, keep in mind:

• You must answer all questions truthfully and accurately;
• You do not have a right to remain silent, and;
• The CBSA has the ability to arrest and detain you if you fail to cooperate.

Have a copy of your supporting documents: While the CBSA has access to the United States security databases, these sources lack details and can sometimes be inaccurate. Therefore, when trying to cross the border, make sure you are in possession of your supporting documents, including court orders, decisions, probation terms, bail conditions etc.

By having these documents in your possession, you are able to corroborate your statements, which not only helps clear the record but it also makes you look more credible. The above suggestions will help you immensely at the border, but will not necessary secure your entrance to Canada. Prior to heading to the border, you should always speak with a Canadian immigration lawyer.

You have scheduled your trip, incurred expenses and for one reason or another need to visit Canada. To travel with an ease of mind, you should also obtain appropriate legal advice to make sure your trip does not come to an abrupt end at the border, or worse yet, have you spend a few days in detention.