More than 150,000[1] Taylor Swift fans (“Swifties”) are expected to visit Vancouver this weekend to attend the final shows of The Eras Tour, with some traveling from around the world to mark the end of the singer-songwriter’s nearly two-year long tour.
Among those who will be crossing the border by land and by air are our American neighbours, an increasing number of whom have been commenting on various social media platforms asking whether they or their loved ones will be allowed to enter Canada for reasons such as past drunk driving offences (“DUIs”) and other criminal convictions.
Canadian Law
Some people are inadmissible to Canada if they have been convicted of a criminal offence, including driving while under the influence of drugs or alcohol.[2]
Impaired driving – whether by drugs, alcohol, or a combination – is a punishable offence under the Criminal Code, with penalties ranging from fines on the lower end of the spectrum to life imprisonment on the higher end of the spectrum, depending on the severity of the offence.[3]
Canadian criminal law and Canadian immigration law are closely intertwined.
Section 36(1)(c) of the Immigration and Refugee Protection Act[4](“IRPA”) provides that a foreign national is inadmissible on grounds of serious criminality if they have been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence punishable by a maximum term of imprisonment of at least 10 years.
Section 36(2)(c) of the IRPA further states that a foreign national is inadmissible on grounds of criminality if they have been convicted of an offence outside Canada that, if committed in Canada would constitute an indictable offence.
How to Enter Canada if You Are Inadmissible For Criminality
If you are caught by s. 36(1) or s. 36(2) of the IRPA, one way for you to enter Canada is to apply for a temporary resident permit (“TRP”). A TRP allows a foreign national who is otherwise inadmissible, but has a reason to travel to Canada, to enter and stay for a specified duration (e.g., one week).[5] TRPs are only issued when justified in the circumstances and at the processing officer’s discretion, and they may be cancelled at any time.[6] TRPs are the fastest option for someone urgently seeking to enter Canada.
Another, albeit longer, avenue to enter Canada is rehabilitation.
A foreign national may be deemed rehabilitated if enough time has passed since their conviction such that they are no longer barred from entering Canada.[7] A person can request to be assessed for deemed rehabilitation at a Canadian port of entry, and must satisfy an officer that they meet the eligibility criteria.
If a foreign national is not deemed rehabilitated, they will still be inadmissible to Canada and can instead apply for individual rehabilitation, provided that five years have passed since the end of their sentence or the commission of the offence.[8] Criminal rehabilitation applications can take over one year to process.
If you have a U.S. record suspension, you may be able to enter Canada, as long as you are not found inadmissible for other reasons. The law around expungements and sealing is a grey area – those of you who have sealed records or completed your sentences should be aware of the timing.
While none of these options are guaranteed, be sure to plan ahead and have the proper supporting documentation with you, whether you are driving or flying in.
The options described above are informational and do not constitute legal advice. If you’re travelling to Vancouver this weekend and are concerned about your particular situation, contact Heron Law Offices to find out how we can help you have a smooth Eras concert attending experience.
[1] “How Vancouver is preparing for Taylor Swift’s Eras shows” (28 November 2024), online: CBC <https://www.cbc.ca/news/canada/british-columbia/vancouver-preparing-taylor-swift-eras-tour-1.7396001>.
[2] Immigration, Refugees and Citizenship Canada, “Reasons you may be inadmissible to Canada” (last modified 13 August 2024), online: Government of Canada <www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons.html>; Immigration, Refugees and Citizenship Canada, “I was convicted of driving while impaired by alcohol or drugs. Can I enter Canada?” (last modified 10 June 2024), online: Government of Canada <https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=152>.
[3] Department of Justice, “Impaired Driving Laws” (last modified 3 March 2022), online: Government of Canada <https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/>.
[4] Immigration and Refugee Protection Act, S.C. 2001, c. 27 [IRPA].
[5] Immigration, Refugees and Citizenship Canada, “What to do if you’re inadmissible” (last modified 1 December 2024), online: Government of Canada <https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/temporary-resident-permits.html>.
[6] Immigration, Refugees and Citizenship Canada, “Guide 5554 – Applying to remain in Canada as a temporary resident permit holder” (last modified 27 September 2024), online: Government of Canada <https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5554-applying-remain-canada-temporary-resident-permit-holder.html>.
[7] Immigration, Refugees and Citizenship Canada, “Deemed rehabilitation” (last modified: 10 October 2012), online: Government of Canada <https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions/deemed-rehabilitation.html>.
[8] Immigration, Refugees and Citizenship Canada, “Overcome criminal convictions” (last modified: 1 August 2015), online: Government of Canada <https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html#a2>.
