Page 42 - Volume 16 Number 10

NATIONAL BUSINESS AVIATION ASSOCIATION • focusCanadian Law May Prevent Pilots With DUI Records From Flying into CountryPilots with a prior conviction for driving DUI conviction more than 10 years ago to beunder the influence of alcohol may becaught by surprise when flying into Canada, where DUI is both a felony offense, and grounds for denying the offender permission to enter the country.According to the Department of Citizenship and Immigration Canada (CIC), the Immigration and Refugee Protection Act prohibits even temporary access to the country for persons who “have been involved in criminal activity.” That definition includes offenses committed outside Canada that would be punishable as felonies under Canadian law, even if the offense was not considered a felony where the act was committed.If more than a decade has passed since the conviction, it is likely the offender will be “deemed rehabilitated” and granted access to enter the country, following a review by Canadian authorities. Application for deemed rehabilitation can be made at any Canadian Port of Entry, or at the nearest Canadian Visa Office/Consulate.“I do not recommend pilots taking this upon themselves, though,” said Bill Stine, NBAA Director, International Operations. “While it shouldn’t be a problem for a pilot with agranted access, I still recommend they contact a Canadian attorney, and have the attorney walk them through the process.”That advice is particularly important for those with more recent convictions. Pilots with a DUI conviction from five to 10 years ago may also be allowed to enter Canada, though they can expect even greater scrutiny during the application process.Canadian immigration law requires these offenders to apply for “rehabilitation,” which includes paying a fee and providing thorough details of all the charges, convictions, and pardons (known in Canada as “record suspensions”) associated with their case, as well as photocopies of the sections of foreign law(s) that were applicable to their situation.An application for rehabilitation must also be accompanied by authorization from a CIC manager, or from a minister’s delegate, and may only be processed at a Canadian Visa Office/ Consulate or at CIC National Headquarters in Ottawa.“It is in your best interest to be assessed by the Canadian embassy, high commission or consulate responsible for your area,” the CIC advises. “This will help ensure you do not travel to Canada only to be refused entry or be subject to other enforcement action.”More information about the Canadian rehabilitation process, including application forms and a directory of Canadian Consulates worldwide, is available at www.cic.gc.ca/ english/information/inadmissibility/ rehabilitation.asp. m40 • TWIN & TURBINE OCTOBER 2012