Wet and Reckless & Entering Canada After a Conviction

24-10-2012

We are often asked how can I go to Canada with a DUI? There is a lot of literature on this subject, including information on our own website about this subject: http://www.canadianimmigration.net/criminality-and-inadmissibility/dui-canada-entry.html.

By comparison there is relatively little information about what happens if you have a wet and reckless conviction on your record. The result however, is exactly the same if you have been convicted of a DUI or wet and reckless. Individuals often ask what is the difference, for Canadian immigration purposes, between a DUI, DWI, DWAI, OWI or Wet Reckless and my answer is always the same, it does not matter for Canadian immigration purposes, all can result in you being criminally inadmissible to Canada.

So why does a wet and reckless make you inadmissible to Canada? Whenever an individual is convicted of an offence outside of Canada the Canadian immigration officials will conduct an analysis to see if the offence is equivalent to any Canadian Federal offence. In Canada, our Criminal Code has 2 offences that may be equivalent: Operation While Impaired and Dangerous Operation of a Motor Vehicle. Both of these offences are known as hybrid offences and therefore if you are convicted of an offence that is equivalent to either of these offences you will be criminally inadmissible to Canada.

So what can you do about it?

If it has been more than 5 years since the completion of your sentence, you are eligible for Criminal Rehabilitation, which is the application that will essentially wipe your slate clean for the purposes of entering Canada. This process can be quite lengthy. If you need to be in Canada before that application can be processed, or if 5 years have not yet passed since you completed your sentence, you can apply for a Temporary Resident Permit (TRP), which is like a hall-pass that allows you to be in Canada despite being inadmissible. In order to apply for a TRP you need to prove that you have a significant reason to enter Canada.