Going To Canada? Maybe Not

By Jeralyn, Section Civil Liberties
Posted on Mon Feb 26, 2007 at 03:35:18 PM EST
Tags: Canada, immigration (all tags)

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American tourists with old misdemeanor records are being turned away at the Canadian border -- after a stop at secondary immigration checks.

Take the case of 55-year-old Lake Tahoe resident Greg Felsch. Stopped at the border in Vancouver this month at the start of a planned five-day ski trip, he was sent back to the United States because of a DUI conviction seven years ago. Not that he had any idea what was going on when he was told at customs: "Your next stop is immigration.''

Felsch was ushered into a room. "There must have been 75 people in line," he says. "We were there for three hours. One woman was in tears. A guy was sent back for having a medical marijuana card. I felt like a felon with an ankle bracelet.''

Another tourist headed for a ski trip was turned back at secondary immigration for a pot possession conviction in 1975.

What's going on?

While Canada officially has barred travelers convicted of criminal offenses for years, attorneys say post-9/11 information-gathering, combined with a sweeping agreement between Canada and the United States to share data, has resulted in a spike in phone calls from concerned travelers. They are shocked to hear that the sins of their youth might keep them out of Canada.

But what they don't know is that this is just the beginning. Soon other nations will be able to look into your past when you want to travel there.

Here's one more tale:

Canadian attorney David Lesperance, an expert on customs and immigration, says he had a client who was involved in a fraternity prank 20 years ago. He was on a scavenger hunt, and the assignment was to steal something from a Piggly Wiggly supermarket. He got caught, paid a small fine and was ordered to sweep the police station parking lot.

He thought it was all forgotten. And it was, until he tried to cross the border.

There is one way around the problem:

The lesson, the attorneys say, is that if you must travel to Canada, you should apply for "a Minister's Approval of Rehabilitation" to wipe the record clear.

But, that's just for Canada:

Lesperance says it is just a matter of time before agreements are signed with governments in destinations like Japan, Indonesia and Europe.

"This,'' Lesperance says, "is just the edge of the wedge.''