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mutz
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08/04/2022 07:09PM  
I know this has been beat to death, but can’t find the threads.
One member of our group had an OUIL in 2011 so has been over ten years, can he get into Canada? Thanks for any help
 
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dschult2
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08/04/2022 07:38PM  
As long as it has been at least 10 years since he COMPLETED all sentencing, including any probation he's fine. If it's between 5 to 10 years he would need to apply for a waiver. This is also assuming it's his first offense and there were no other criminal charges with it.
Jackfish
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08/04/2022 08:57PM  
OUIL? That’s a new one to me. Same as DUI or different?
mutz
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08/04/2022 09:27PM  
Jackfish: "OUIL? That’s a new one to me. Same as DUI or different?"


Here in Michigan it is OUIL, same as DUIL, operating rather than driving
mutz
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08/04/2022 09:30PM  
dschult2: "As long as it has been at least 10 years since he COMPLETED all sentencing, including any probation he's fine. If it's between 5 to 10 years he would need to apply for a waiver. This is also assuming it's his first offense and there were no other criminal charges with it."

Thanks for the info.
08/04/2022 09:39PM  
You could have him apply for an RABC. If he passes the RABC scrutiny, then he will pass any other scrutiny and be allowed to enter. Could maybe even use the RABC to get in. It’s $30 but better to know ahead of time than be turned away at the border.

T
billconner
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08/05/2022 06:21AM  
Some years ago I entered CA at Fort Frances. The agent did not care I had an RABC from a trip earlier that year, and didn't - refused to - look at it. The officers have a lot of discretion.
08/05/2022 07:39AM  
Jackfish: "OUIL? That’s a new one to me. Same as DUI or different?"

Until 2003, Operating Under the Influence of Liquor. Now Michigan uses OWI acronym.

I still don't understand the MI term "millage" instead of tax
cmanimal
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08/05/2022 09:51AM  
bobbernumber3: "Jackfish: "OUIL? That’s a new one to me. Same as DUI or different?"


Until 2003, Operating Under the Influence of Liquor. Now Michigan uses OWI acronym.

I still don't understand the MI term "millage" instead of tax"


Millage is a method of calculating the tax (usually property). So my guess is instead of have a sentence they dropped it to one word.
Porkeater
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08/05/2022 12:22PM  
billconner: "Some years ago I entered CA at Fort Frances. The agent did not care I had an RABC from a trip earlier that year, and didn't - refused to - look at it. The officers have a lot of discretion. "

I think the point was not that the RABC would grant him entry at a border crossing, but rather that they would be looking at the same information. If he can get an RABC, then he should be allowed to enter at a border crossing.
08/05/2022 05:00PM  
Porkeater: "billconner: "Some years ago I entered CA at Fort Frances. The agent did not care I had an RABC from a trip earlier that year, and didn't - refused to - look at it. The officers have a lot of discretion. "


I think the point was not that the RABC would grant him entry at a border crossing, but rather that they would be looking at the same information. If he can get an RABC, then he should be allowed to enter at a border crossing. "


Yea I thought the RABC might help cross, but I’ll defer to billconnor. But yes if you can get an RABC you will be allowed to cross the border was the intent. The scrutiny for an RABC is the same as the highest background check they will do on you at the border. So ya get the RABC…you are good to go. Otherwise you are just taking chances and hoping :)

T
billconner
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08/05/2022 06:02PM  
Canadian details here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html

I've heard the 10 yr number but does anyone know if it's in the regulations or just seems to be the practice?
08/05/2022 07:22PM  
I don't want to be a Negative Nellie, but if it were me, I would have a solid Plan B in place should the border crossing not go your way.
dschult2
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08/05/2022 08:45PM  
billconner: "Canadian details here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html


I've heard the 10 yr number but does anyone know if it's in the regulations or just seems to be the practice? "


Just to expand on the ten year rule. If ten years have passed since the offense than you were automatically "deemed rehabilitated" and could enter Canada. On December 18th 2018 drunk driving law was changed to a minimum 10 year prison sentence and no more automatic rehabilitation. You now had to apply for rehabilitation no matter how much time had passed. This immediately made thousands of people ineligible to enter Canada that previously had been admissible. Such an uproar was raised that Canada grandfathered in automatic deemed rehabilitation for anybody with an offense prior to December 18th 2018 but nobody after. So if you had a dui after Dec 18th your sol no matter how much time has passed You will have to apply for a travel permit or deemed rehabilitation. Also this is a change in policy not law so who knows if they change their mind in the future. deemed rehabilitation .
08/06/2022 11:12AM  
sns: "I don't want to be a Negative Nellie, but if it were me, I would have a solid Plan B in place should the border crossing not go your way."

That’s why he should do the RABC…then you know 100% if you are in or out ahead of time. If you can pass an RABC background check, then you can pass a border check.

T
billconner
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08/06/2022 05:55PM  
timatkn: "sns: "I don't want to be a Negative Nellie, but if it were me, I would have a solid Plan B in place should the border crossing not go your way."


That’s why he should do the RABC…then you know 100% if you are in or out ahead of time. If you can pass an RABC background check, then you can pass a border check.


T"


This suggests an RABC check is more rigorous then a check at the border, which is possible, but I'd be more concerned about a car full of people with lots of gear then people paying extra to cross remotely.

The fellow probably gets in with no big deal, but I would not be 100% guaranteeing entrance.
08/07/2022 01:14PM  
When you sign up for an RABC you are subjected to a full background check. The whole purpose of the RABC is that you are going through customs electronically ahead of time to make sure you are eligible to enter Canada under their rules. They run ya through the system every time as it is easy for them to do.

If you cross the border, they run random background checks, but it is the same process as an RABC. Thus if you pass an RABC then you will pass the most rigorous border check.

So you can chance it…that they might not check you as you cross…I wouldn’t do that by the way…or you can see if you are blocked from entering by doing the RABC.

I’d do the RABC before trying to get rehabilitated as maybe you don’t show up anymore on background checks, if you start the rehabilitation process now you just alerted them to a potential prior issue/conviction. If the RABC is denied…then ya know the next step.

I am not a lawyer by any means LOL… but unfortunately I’ve had friends and family in this situation and I can tell you it works. If they clear the RABC they’ve never had trouble crossing the border.

FYI I am not so sure it is a given if your offense is over 10 years you will be allowed entry. There are a lot of factors they can look at.

T
billconner
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08/07/2022 05:33PM  
Ultimately up to discretion of the agent.
08/07/2022 08:13PM  
billconner: "Ultimately up to discretion of the agent."

Actually it isn’t. The Canadians, just like every country in the world have a clear set of criteria for entry into their country.

The discretion part is how you behave? Are you suspicious? They can deny entry based on that. Also the discretion part is whether they choose to do a background check or not at the border…but if they do a background check…either you pass the background check or not. An agent can’t let someone through that defies their laws. No country relies on their National Security for a Barney Fife to just make a decision at the border???

T
 
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