Those with criminal records who wish to travel to Canada....
Feb 23rd, 2007, 08:19 AM
#1
Original Poster
Join Date: Nov 2005
Posts: 171
Likes: 0
Received 0 Likes
on
0 Posts
Those with criminal records who wish to travel to Canada....
Feb 23rd, 2007, 10:02 AM
#2
Join Date: Mar 2003
Posts: 2,494
Likes: 0
Received 0 Likes
on
0 Posts
Thx for your timely article JeffreyJ! We were taliking about this issue @ breakfast this morning. Similar questions are now asked when Canadians are going to the US. Yesterday my son & 3 of his University buddies were crossing the Border @ the Peace Bridge. They were going into the US to ski in Ellicottville for the day. They were each asked "Have you ever been arrested?". When my son told me this I said "The Border security guard has the authority to ask if you have a criminal conviction but I don't think that authority extends to inquiries about arrests." Obviously, one could be "arrested" but not "convicted". Big distinction. But, now in light of your article, I am wondering about the quetsion... "Have you ever been arrested?" Do they enter "arrests" in their security data base?
Feb 23rd, 2007, 07:34 PM
#3
Original Poster
Join Date: Nov 2005
Posts: 171
Likes: 0
Received 0 Likes
on
0 Posts
"Do they enter "arrests" in their security data base?"
Dunno if it's done in Canada, but it's certainly in the database in the US on US citizens. Trust me, the line of work I'm in, makes me sure of this.
Hmmmm....I wonder if the Canadians clamping down on US citizens isn't in response the the US getting nasty with
Canadians. Sort of a tit, for tat.
<grin> Can't blame them if it is. I can't think of any other possible reason. I doubt if the Canadian government is worried about a few old US hippies corrupting the youth of Canada...based on what I saw a few years ago in Montreal on Halloween, it'd be the other way around!
Dunno if it's done in Canada, but it's certainly in the database in the US on US citizens. Trust me, the line of work I'm in, makes me sure of this.
Hmmmm....I wonder if the Canadians clamping down on US citizens isn't in response the the US getting nasty with
Canadians. Sort of a tit, for tat.
<grin> Can't blame them if it is. I can't think of any other possible reason. I doubt if the Canadian government is worried about a few old US hippies corrupting the youth of Canada...based on what I saw a few years ago in Montreal on Halloween, it'd be the other way around!
Feb 23rd, 2007, 10:46 PM
#4
Join Date: Jan 2003
Posts: 1,352
Likes: 0
Received 0 Likes
on
0 Posts
Sort of a tit, for tat.
I believe it. How long before we have another pig war?
http://www.militaryhistoryonline.com...on/pigwar.aspx
I believe it. How long before we have another pig war?
http://www.militaryhistoryonline.com...on/pigwar.aspx
Feb 24th, 2007, 09:30 AM
#5
Join Date: Jan 2003
Posts: 2,879
Likes: 0
Received 0 Likes
on
0 Posts
wow: I think there may be some confusion about who can ask what relative to a person's arrest history. Because of privacy legislation, private employers are able to ask applicants or employees about convictions but not about arrests.
Law enforcement personnel can and always have been able to inquire about prior arrests. In addition, when a computerized criminal history is run, it will show arrests as well as convictions. While a prior arrests cannot, in normal circumstances, be used as proof of a current crime, they can be used as one of the elements in developing probable cause which allows further investigation.
In terms of border entry, most countries, the USA and Canada included, always reserve the right to exclude foreign visitors based on their prior records. I am not an immigration (or any other kind) attorney but I suspect that a history of prior arrests or a single arrest for a serious crime can legally serve as the basis for exclusion.
Law enforcement personnel can and always have been able to inquire about prior arrests. In addition, when a computerized criminal history is run, it will show arrests as well as convictions. While a prior arrests cannot, in normal circumstances, be used as proof of a current crime, they can be used as one of the elements in developing probable cause which allows further investigation.
In terms of border entry, most countries, the USA and Canada included, always reserve the right to exclude foreign visitors based on their prior records. I am not an immigration (or any other kind) attorney but I suspect that a history of prior arrests or a single arrest for a serious crime can legally serve as the basis for exclusion.
Feb 25th, 2007, 10:05 AM
#6
Join Date: Mar 2006
Posts: 239
Likes: 0
Received 0 Likes
on
0 Posts
On the other hand, there has been a few Canadians with prior arrest and/or conviction that has been refused entry into the US, so it kind of works both ways.
I don't think it's a "tit for tat" situation, but definitely more information being gathered thanks to the shared database as initiated by the US Homeland Security mandates. So it's a result of the US's desire to tighten up border security - and Canada has to work with the US to avoid more border complications.
I don't think it's a "tit for tat" situation, but definitely more information being gathered thanks to the shared database as initiated by the US Homeland Security mandates. So it's a result of the US's desire to tighten up border security - and Canada has to work with the US to avoid more border complications.
