Entering Canada with prior misdemeanor adjudication witihhel

[flybob63]

My wife and I are planning to leave Fl next week on a bucket list RV trip we have planned for a long time, heading for Alaska. I recently found out that people with a prior misdemeanor arrest maybe denied entry at the border. My wife had a very minor incident a few months ago. She was a waitress and sold alcohol to a 19 or 20 year old during a time the restaurant was very busy. She thought they were 24-25 and just did't take time to check.

She was issued a notice to appear, technically a 2nd degree misdemeanor here in FL. She got adjudication withheld and just had to pay a fine with no jail, no probation, etc. She is 49 years old and other than this has never even had a traffic ticket in her life.

Is this going to be enough for Canada to deny us entry to drive through?

Please tell me this will not be an issue.

[flybob63]

Orion wrote:
I am sure that selling booze to a minor is NOT a criminal offense in Canada, as they had an occurrence of that at the liquor store my son works at, and there was never a mention.

Thanks for the info. That's comforting.

I'll let everyone know how it works out.

[2gypsies1]

You're wise to carry all pertinent papers regarding the issue. Also, don't volunteer any comments or try to justify anything. Keep your answers simple, 'yes', 'no'. If you try to argue the case it will just get worse.

[Pipeman]

Well having read the above answers, you do have the info. Good luck.

[flybob63]

gordon d wrote:
Call the coots/sweet grass ,Montana border crossing,they' can give you a lot of info.My wife & I went last year I,m Canadian she,s USA,We prefer to cross at out of the way crossings, we went from Idaho into BC. The only thing he was worried about was if we had guns,he kept on til I offered the key,s to trailer,he told us to have a nice day. was planning a hunting trip one time & called them,told me everything I needed to know.
Don,t try to pull the wool over ,it,s not worth the hassle .coots # 403-344-3766

Thanks for the info. Could not get through to any of the consulate numbers so I called Coots. Spoke to an immigration officer. They said it was a misdemeanor/adjudication withheld so it should be no problem. He suggested that I carry a file of the police report, adjudication withheld documents and receipt of the fine we paid in case the border officer needs to see anything to help explain the situation.

So hopefully this all works out. If not, plan B will be the ferry.

[Orion]

I am sure that selling booze to a minor is NOT a criminal offense in Canada, as they had an occurrence of that at the liquor store my son works at, and there was never a mention.

[weasel4]

A misdemeanor in the US is equivalent to a Summary Conviction in Canada. Summary convictions encompass, traffic ticket, alcohol offenses,some minor Criminal Code offenses,parking tickets. I don't think your wife will have any trouble at the border. JMHO
BTC

[Francesca_Knowl]

I don't know who if anyone your wife used for an attorney, but he/she should have advised her that an "adjudication withheld" entry in Florida is pretty much the same as a conviction. All it really means that the person is guilty of the offense charged, but will be allowed the right to have the record/"conviction' expunged after a certain time.

It's unlikely that Canadian Authorities will see the finer points in this situation...your "plan B" to take the Alaska Ferry out of the U.S. without setting foot in Canada is probably the best one.

[garyhaupt]

The only thing I will add is to get the name and employee number or some way to identify the person that says..'oh sure, no problem'. In fact, I would ask for a supervisor when asking for verification.

One other way to accomplish the trip...ferry is $$ I believe, if you find that she cannot cross the border, or, you try and she is turned back, she could fly up and you drive. She would need to fly home too, but hey..it's a way.

An aside...if the matter is a viewed as a Criminal Offense in Canada, that makes a person ineligible to enter Canada.


Gary Haupt

[gordon_d]

Call the coots/sweet grass ,Montana border crossing,they' can give you a lot of info.My wife & I went last year I,m Canadian she,s USA,We prefer to cross at out of the way crossings, we went from Idaho into BC. The only thing he was worried about was if we had guns,he kept on til I offered the key,s to trailer,he told us to have a nice day. was planning a hunting trip one time & called them,told me everything I needed to know.
Don,t try to pull the wool over ,it,s not worth the hassle .coots # 403-344-3766

[flybob63]

sue.t wrote:
http://canada.usembassy.gov/traveling_to_canada/entering-canada.html

http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

http://www.cic.gc.ca/english/information/inadmissibility/who.asp

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

Thanks, Appreciate the info. Found some interesting stuff on Temporary Resident Permits that we can try for at the border. Don't know if a truck and fifth wheel combination traveling through is considered a valid reason for that criteria... LOL.....

I called the Canada Border Service. They suggested I contact the embassy in New York as the person I talked to said they had no training in how to interpret the law and "Adjudication withheld."

Such a minor offense. $150 fine and a plea of no contest. Never dreamed something as minor as this would even be a consideration until I read about it the other day.

I guess I'll be making calls tomorrow since we plan on leaving next week.

Thanks for all the help, everyone.

I'll let you know my findings.

[Burwoods]

I would try calling the Canadian Embassy, see what they say.

[sue_t]

http://canada.usembassy.gov/traveling_to_canada/entering-canada.html

http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

http://www.cic.gc.ca/english/information/inadmissibility/who.asp

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

[flybob63]

darsben wrote:
take the Alaska Ferry from Washington State and there is no need to enter Canada

That is a great idea and a sound alternative if other things don't work.

THANKS FOR THE IDEA!!!

[flybob63]

Yeah, I'v been trying to unsnarl that website for a while now. It seems that Canada does not recognize adjudication withheld. You're either guilty or not guilty with them. I think I'll have to continue trying to make some calls tomorrow if I can ever find the right number to call.

[vic46]

flybob63 wrote:
I just checked the Canada Law and their drinking age is 19 in every province I found. The person she sold to was a police academy recruit at the academy I used to teach at years ago. So i wonder if the fact that the person was legal age to drink in Canada would make a difference? Been trying to find a phone number to call Canada but have had no success in that regard at all.

Alberta is 18.

Phone number available from the captioned site above!