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Michigan Criminal Law Blog

Michigan OWI Conviction and Travel to Canada

What effect does a Michigan OWI conviction have on an American citizen’s ability to enter Canada?

A Michigan OWI and travel to Canada is one area of collateral consequences that is not often considered.  It appears that Canada’s Immigration and Refugee Protection Act, if you have been convicted of a crime, including Michigan OWI, you may be prohibited from entering Canada to visit, work, or immigrate. This prohibition, or “inadmissability,” seems to be discretionary, with the power to prohibit entry lying in the hands of Citizenship and Immigration Canada.

In some instances, Canadian Border Officers may deem an individual inadmissible even if the charges against them were withdrawn or dismissed. In those cases, the individual must provide the officer with complete details of charges, convictions, court dispositions, pardons, photocopies of all applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.

However, for those individuals who’s charges have resulted in a conviction, to be admitted into Canada they must show that they have been “Rehabilitated.” There are three ways to approach the task of “Rehabilitation.” An individual may be either Deemed Rehabilitated, be Approved as Rehabilitated, or be granted a Temporary Resident Permit.

If you have been charged with a any type of Michigan OWI and travel regularly to Canada, contact Attorney Andrew Kowalkowski today for a consultation  248-974-9594.

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