A DUI Conviction Can Prevent You From Entering Canada

Our firm represents clients in criminal law matters. A significant number of those clients come to us for representation on Driving Under the Influence (DUI) charges. In our experience, the mere DUI allegation brings about significant heartache and financial repercussions. When there are inconsistencies in the methodology of obtaining the evidence to support the DUI charge, then there exist the legal basis to challenge and defeat the DUI charge. Oftentimes, in DUI cases the objective is to either eliminate or reduce the charges to the lowest infraction possible. Pilots[1] are not immune from being charged with DUIs. However, the conviction carries a significant repercussion if the pilot’s livelihood carries him across the Canadian border. Canada has strict laws that limit the entry of people into the country with criminal convictions on their record, including DUIs. Under the Canadian Immigration Refugee Protection Act (CIRPA)[2], anyone with a criminal conviction is considered “criminally inadmissible” and may not be granted entry into Canada.

How do you know if your criminal conviction makes you “criminally inadmissible?” According to CIRPA, Canada has the power to declare individuals criminally inadmissible if they are a threat to national security, guilty of committing human rights violations, guilty of “serious criminality,” or guilty of “criminality.” Canada determines what is considered “serious criminality” or “criminality” by comparing what the relevant punishment for the crime is under applicable Canadian law.

In general, crimes that expose an individual to a maximum punishment of at least ten years in Canada, regardless of the applicable punishment in the home country, qualify as “serious criminality” under Canadian law. Criminality is defined as any crime that a person is convicted of in their home country for which they could also be indicted for in Canada; and is reason enough to deny that individual entry into Canada.

Broadly speaking, CIRPA grants significant power to Canada to limit the entry of persons with any criminal convictions. For visitors from the United States, this includes anybody who has a Driving Under the Influence (DUI) or Driving while Intoxicated (DWI) offense. In many jurisdictions throughout the United States, many first-time DUI/DWI convictions are generally treated as misdemeanors. However, in Canada, a DUI/DWI conviction is the equivalent of a felony and thus the conviction qualifies either criminality or serious criminality. As a result, a DUI/DWI conviction, even if it’s a misdemeanor in the U.S., authorizes Canada under CIRPA the right to deny entry.

As a pilot, if you find yourself in the unfortunate position of defending a DUI charge, then you should obtain the best criminal attorney possible. The goal is to defeat the DUI charges or reduce the charges to the lowest infraction possible. 

If you have questions about how a pending DUI can impact your ability to enter Canada or if you need more information about how a DUI charge can impact your medical certificate, then contact Ronnie Gipson @ 415.692.6523 or by email at gipson@higagipsonllp.com. If you have questions about defending against a DUI charge, then contact James Higa @ 415.692.6524 or by email at higa@higagipsonllp.com.

[1] Under the FARs when a pilot is charged with a DUI, there are separate reporting requirements, which are not discussed in detail in this blog entry.


[2] Immigration and Refugee Protection Act, 2001 S.C., ch. 33, §§ 33-34 (Can.).