Going to Canada and New York DWI-DWAI

I love to visit Toronto, especially in the summer months. To us Upstate New Yorkers, Canada is our closest foreign neighbor, and the exchange rates of late have been incredible. I recently went on a Niagara Falls/Toronto weekend with my wife. The package with a jacuzzi suite (with the biggest bed we have ever seen) overlooking the falls, dinner, 2 drinks each night, and breakfast was less than a weekend at the Super 8 in my little Ithaca. Go figure. Which brings me to our special relationship with Ontario and Quebec.

New York State has a very tight agreement with Canada legally. We have an open exchange of information on DMV points (Canada tickets and points count on your NYS driving record and vice versa) which seems weird because NYS DMV does not count points from moving violations in other states. In addition, if you get a DWI or DWAI conviction in the states Canada will not allow you to enter without special permission. In fact, any misdemeanor (or anything considered a crime in Canada) will bar entry. You have options, but neither is particularly exciting, and most definitely onerous.

So you have TWO OPTIONS after a New York DWI or DWAI conviction:

OPTION ONE: Apply for an Approval of Rehabilitation at the Canadian Consulate or Embassy

You must show you are living a clean and stable life but unfortunately you can only apply after 5 years have passed since the date sentence was imposed and/or your period of probation has ended.


OPTION TWO: Obtain a Temporary Resident Permit, Go to:

www.cic.gc.ca/english/application/visa.html

You will need: 2 passport photos, a criminal clearance certificate, 3 letters of reference

NOTE: You will need to obtain a criminal clearance certificate from ALL police authorities from ALL countries you have lived since age 18.

To obtain a criminal clearance certificate in the United States:

1. You will need a set of fingerprints (go to a local police department or a regional DMV office)
2. A letter of request for a criminal background check with a check (go to FBI website for latest rates)
3. Send to:

FBI/Criminal Justice Information Services Division
Attn: Records Request
1000 Custer Hollow Road
Clarksburg, WV 26306

Canada does not automatically grant Temporary Resident Permits to anyone with a DWI or DWAI conviction. They (Canada) will weigh 4 main factors:

1. If the applicant has a reason to visit Canada beyond pleasure pursuits. ie. Relatives who reside in Canada that may be ill.
2. If the applicant has property interests in Canada or a business relationship in Canada
3. The nature of the applicant's criminal offense in the States and it's severity.
4. The time that has passed since the offense was committed.

So I caution all my clients (in advance) to be aware and mindful of the consequences of New York State DWI and DWAI convictions in regards to visiting beautiful Canada.