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Expanding on our last post regarding March Break travel troubles, we’d like to take this opportunity to stress the importance of applying for a waiver in advance of making travel plans.
However, permission to enter the country is ultimately at the border guard’s discretion, so if you plan on travelling with a criminal record we advise you to obtain a waiver prior to making travel plans. With March Break over, we’ve been speaking with quite a few Canadians who were recently denied entry to the US. Since obtaining a waiver takes time, it’s best to start the process now so you’ll be ready to go in time for next March Break! Canada’s decision to turn away controversial Florida Pastor Terry Jones has ignited a debate over what factors determine whether a person can enter the country.
Border agents can turn away any non-Canadian citizen or permanent resident looking to visit based on a number of factors, including past criminal convictions, health or financial problems, and a general risk to security. Jones, known for igniting controversy for burning a Qur’an, was denied entry to Canada for a speaking engagement in Toronto on Thursday. The CBSA would not comment on the incident, citing privacy reasons, but did provide a broad outline about how such decisions are reached. The statement said a number of factors are used to determine admissibility including security, human or international rights violations, serious or minor criminality, health, non-compliance, misrepresentation and inadmissible family members. The office of Immigration Minister Jason Kenney told CBC News the government does not have the power to keep Jones out of the country. However, the Conservatives have proposed Bill C-43, the faster removal of foreign criminals act, which would give the immigration minister powers to determine who can be kept out of — or allowed in — the country. Cohen said there are three main areas that border agents focus on when determining whether a person can enter the country, including criminal convictions and health or security issues, although sometimes general circumstances come into play. The mandate of the CBSA is to protect Canada, Cohen said, so they will turn away persons with a highly contagious virus or an airborne, communicable disease. Having a criminal record is another oft-cited reason for entry refusal, although its effect is dependent on the type of conviction and the passage of time.
However, Cohen said a person found guilty of a single minor offence, such as disturbing the peace, can sometimes be allowed to enter the country.
If a person has several minor convictions, they can be denied unless they have been deemed rehabilitated by the CBSA. Serious crimes, defined as any that would result in a 10-year sentence or more if convicted in Canada, are never automatically deemed to be rehabilitated, although a person can also apply to be rehabilitated after five years. Importantly, Cohen said, the time period begins once a sentence has actually been served and, in the case of relatively minor crimes, a fine has been paid. According to the CBSA, a pardon received in the home country where an offence has occurred can be assessed and the person could then be allowed entry to Canada. A person convicted of an offence — such as drinking and driving — who served no jail time and committed no other acts that would make them ineligible can also enter the country under a recently approved tourism facilitation plan, the CBSA said in a statement.
Cohen said the CBSA also has leeway to turn away a person based on general security concerns according to information contained in the Immigration and Refugee Protection Act. A person can be turned away if he or she took part in espionage or subversion against a government, or engaged in terrorism or any acts of violence that might endanger Canadians.
This is largely a result of better information sharing between governments, primarily between Canada and the United States, he said.
Although a person can apply to have their case reviewed or possibly appealed – as Terry Jones suggested he would do – it’s not practical for many, Cohen said. It can sometimes be a lengthy and costly process to appeal which deters many who were simply trying to get across for a short-term visit, he said. Cohen said some Canadians “raise their eyebrows up” when there is not a clear, defined reason for turning away a person. Whether you are in Canada or United States, if you have a criminal record, you will need to obtain official documentation that will permit you to travel over the border. You can start your application today, or call for more information at the toll-free line 1-800-298-5520. Unlike the granting of a Canadian pardon, deciding which applicant will obtain a US entry waiver is a more arbitrary matter. Today, we will look at a somewhat murky area of Canadian criminal law – conditional and absolute discharges for crimes and their relevance to pardons and US waivers.

Since a person who has been given a discharge has not been convicted or sentenced, there is a widespread belief that they do not have a criminal record. Besides this, during the 1 to 3 years that the discharge was in the CPIC database, the information may have been shared with the US Department of Homeland Security, in which case it will remain there. So far, we have said much about the need for Canadians with a criminal record to get a US travel waiver before travelling to the USA. The equivalent rule that applies in Canada is that a foreigner can be turned away at the border if they have committed (or if border guards have reasonable grounds to believe that they will commit) a crime. As is the case with American border guards, those in Canada may have access to information collected by the Department of Public Safety (our equivalent of the US Department of Homeland Security), so it is not worth trying your luck and attempting to cross when ineligible. Apparently, “homeland security” is fast becoming a global issue and borders are not as open as they used to be, all the more reason to make every effort to have past convictions expunged. As many of you know, United States Homeland Security is an all-encompassing term for efforts to protect the US proper against terrorist activity.
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Project Hostile Intent has now been renamed as Future Attribute Screening Technologies (FAST) program, to give it a more friendly and approachable image. If 10 years have passed, a person is automatically considered rehabilitated, but can apply to be considered for rehabilitation if five years have passed, Cohen said.
Failing to do the latter, for instance, can make a person ineligible to enter the country even if years have elapsed since the initial incident. A person can also apply for a temporary resident permit if the required five years have not elapsed, which is how former media magnate Conrad Black, who was born in Montreal, was able to enter the country after he was released from a U.S.
11, 2001, attacks, not surprisingly, have also had an important impact on the ability of many people to enter Canada, Cohen said.
One has to keep in mind that visiting a country other than that of which one is a citizen is always a privilege – even if it has nothing against a person, a foreign state is under no obligation to let them in.
These can generally be summarized under the simple alternatives of business, pleasure, or visiting family. Obviously, the authorities will be likely to issue a waiver to a person who has only one shoplifting charge to their name, while denying it to a murderer out on parole. A person with a history of involvement in a terrorist organization or a person who has not made an effort to lead a settled, honest life after serving their sentence is at a decided disadvantage.
Such factors as having a gravely ill family member on the other side of the border can count in favour of a US entry waiver applicant receiving permission to travel.
A “discharge” is an option for leniency available to judges in the case that a person is found guilty of a criminal offence that carries no minimum penalty and a maximum penalty of less than 14 years. You are let off with no further consequences and will no longer be involved with the justice system. During that time, you must fulfill certain conditions imposed by the judge; if you fail to do so, or if you reoffend, you can be returned to court, convicted and sentenced for the original crime. It is ironic that a Canadian crime taken off the record in Canada may still be on the record in the USA.
If the crime was committed in Canada, a Canadian pardon, granted as usual by the Parole Board of Canada, will remove travel ineligibility. You typically become eligible for this after 5 years have passed since the completion of your sentence or, depending on the crime, since you committed it. If the offences were equivalent to two or more Canadian summary offences (having committed only one may not be a barrier to travel), you could be considered rehabilitated after at least five years have passed from when the sentence ended. A once friendly and trusting relationship has been slowly taken over and transformed into one of suspicion and constant vigilance. Or just right click on the image on our website and choose the "Set As Desktop Background". Please, upgrade to a different browser or install Google Chrome Frame to experience this site. The movie showed a Precrime division in a future police force that is able to detect a crime before it happens, and then stop it right before it occurs.

So the next time you feel ill please don’t take the plane to work, you don’t want to be probed with latex gloves now would you? Townsend also met separately with Crown Prince Sultan bin Abdulaziz to discuss issues of mutual interest.
As we know, the United States exercises particular discretion regarding who they allow to enter, and routinely turn away at the border people whose name they can match to one in their criminal record database, even if the offence in question was minor and committed a long time ago. In such cases, the judge may grant a discharge, meaning that you are deemed not to have been convicted and will not receive a sentence.
According to the Criminal Records Act, an absolute discharge stays in the Canadian Police Information Centre database for a year, whereas a conditional discharge may be on the record for up to 3 years.
If you were granted your discharge after that date, it should not be in the criminal record database after the 1- to 3-year limit ends. This is why, even in the case of a discharge, the only safe way for a convicted Canadian to cross the border is with a US entry waiver.
This begs the question of whether this situation is unique for the United States, or if Canada reciprocates in the case of American (and other foreign) ex-cons who want to come over here. If the traveller committed the crime outside Canada, they will be admissible to Canada after being rehabilitated. However, there is no guarantee that such a person would automatically be considered rehabilitated.
Particularly, the DHS has assumed responsibilities relating to border crossings, and in doing so has altered the process considerably. The US only employed 340 border guards, and a declaration of citizenship was usually enough to be believed.
Predator drones with 16-mile range infrared cameras patrol the skies, searching each and every traveler for suspicious items. Choose the US Homeland Security Sseal Logo and make it as wallpaper for your desktop, smartphone, tablet, or other device. If you are the owner of any of the images added here and you do not want it to be displayed please contact us for removal request and also if you have any problem with our content you can to report abuse.
If this system is implemented in the real world, it could mean that Airport Security can shoot you before you commit a terrorist atrocity and thus save all the time and money cleaning up the mess at ground zero. It should therefore come as no surprise that the criteria for removing this disability (via a US entry waiver) may be equally stringent. That is a relatively short time, and it is therefore not necessary – or even possible – to get a pardon for a discharged conviction. If, on the other hand, you were given a discharge before 24 July 1992, the record may still be live; in that case, you may write to the RCMP and request that it be removed from the database.
The answer is that while Canada’s rules are slightly more lenient, convicted foreigners are also at a significant disadvantage when attempting to travel here.
Now, regardless of if you are a businessperson, ex-convict or law-abiding civilian, you must be prepared. Also you can find more wallpapers with US Homeland Security Sseal Logo images by see related wallpapers picture in any category bellow.
Essentially, the US government wants to be satisfied that the person they are allowing into their country presents only a minimal risk to their population and homeland security. A second camera snaps a picture of vehicle occupants’ faces, comparing them to police and criminal databases.
It uses sensors that can spot people up to no good from their pulse rate, breathing, skin temperature, or furtive facial expressions. In trials using 140 volunteers, those told to act suspicious were detected with ‘about 78% accuracy on mal-intent detection, and 80% on deception.

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