Canada with DUI

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Canadian immigration lawyer focused on Canada DUI entry from USA. We offer free comprehensive consultations (unlike most companies who demand a retainer before assessing your options).

Is Donald Trump Banned From Canada Due to His Criminal Charges?

On April 4th 2023, former president Donald Trump was formally charged with 34 felony counts of falsifying business records in New York State. These first degree charges were laid by the Manhattan District Attorney, who alleges Trump "repeatedly and fraudulently falsified his business records to conceal criminal conduct." On June 9th 2023, Trump was also indicted on 37 federal criminal charges related to mishandling classified documents. On August 1st 2023, there was yet another indictment of Trump, this time on charges related to the Capitol riot. On August 14th 2023, Trump was hit with a a fourth indictment this time 13 charges in Georgia related to his alleged efforts to overturn the election. This leads to the question, is Trump now banned from entering Canada?

While Canadians are known for being friendly, their border is notorious for denying entry to Americans with a DUI. Even a misdemeanor for reckless driving can result in a person being denied admittance. Canada's Immigration and Refugee Protection Act (IRPA) is the legislation that determines whether entry into the country may be denied on grounds of inadmissibility. According to this Act, there is no presumption of innocence at the Canadian border and a pending charge can be treated similar to a conviction unless a traveler can prove a "favorable" outcome. Even though Trump has pleaded not guilty, the fact that he is currently under indictment for a charge that would equate to a potentially indictable crime in Canada means he may now be at risk of a border denial.

Will Trump Be Banned From Canada Forever?

If Trump is found not guilty of all charges, he would likely not be considered criminally inadmissible under Canadian law. Furthermore, entry to Canada is at the total discretion of border agents. Even if Trump ends up convicted of a felony, border agents may be willing to let him in especially if governmental authorities approve the trip. If Trump is re-elected, it would be rather inconceivable for Canada to not let him visit considering the tremendous impact American policy can have on the Canadian economy.

Was George Bush Also Banned From Canada?

There are a lot of stories online about former president George W. Bush not being allowed to visit Canada, but as far as we can tell they are fake news. Bush had a DUI in Maine in 1976. Since the offense was an isolated incident and should equate to non-serious criminality, he was likely considered "Deemed Rehabilitated by virtue of time" long before he ever became president. Prior to 9/11, the border was extremely relaxed so it is highly unlikely that Bush ever had trouble visiting Canada with a DUI even shortly after the incident.

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