Updated Legal & Border Info

Please read our updated legal info, including lawyer numbers, at http://olympicresistance.net/content/legal-information. 

Information on crossing the border has also been updated, with legal information on what to expect if questioned at the border.  Please see http://olympicresistance.net/content/crossing-border-canada, or see below for the updated section.

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Questioning by CBSA:

At the border, a Canada Border Services Agency (CBSA) officer will ask to see your passport or identity documents and ask you questions to determine if you are allowed to enter Canada.  If a CBSA officer determines you are not admissible, you may be denied entry into Canada or detained.  

You do have an obligation to answer questions and you can be found to be inadmissible if you make any misrepresentations to CBSA.  Be forthcoming and truthful.  CBSA officers may note your answers in the immigration computer system which may be referenced at a later point for immigration purposes.  

Reasons you may be denied entry or detained:

CBSA can’t establish your identity or status in the United States.  Be prepared to prove your identity and status.

CBSA doesn’t believe you will leave Canada by the end of the period authorized for your stay or that you will abide by restrictions placed on visitors in Canada.  

•    You can demonstrate you will only be visiting temporarily by showing ties to your home country (eg. job, commitments, leases, property, family, friends, etc.) and the ability to leave Canada (eg. return tickets).  

•    Be prepared to demonstrate that you have enough money to support yourself and your dependants for the duration of your visit.  Be prepared to answer questions about the circumstances and purpose of your visit, how long you plan to stay, whether you will be staying with friends or relatives or at a hotel, and what sources of funds you have access to while in Canada.  

•    Visitors are not allowed to study or work without authorization.  Be prepared to answer questions about your current occupation and intentions to work or study in Canada.

Criminality.  You may be inadmissible for convictions or outstanding charges or warrants, even for misdemeanors or driving offences (such as Driving While Impaired).  You may be inadmissible even if you have had charges dropped or dismissed.  Be prepared to answer questions related to criminal activity, charges, or convictions.   If you have a criminal history, discuss particulars with a Canadian immigration lawyer prior to arriving and bring evidence of any pardon or dismissal if applicable with you to the border.  

Security.  Talk to a Canadian immigration lawyer prior to going to the border if you have concerns that you may be found inadmissible on security grounds, for membership in a criminal organization, or for participation in war crimes or crimes against humanity.  

Health.  You may be inadmissible if CBSA officers believe you are a danger to public health or have a condition that may cause excessive demands on Canada’s health or social services.  If you are carrying prescription drugs, be prepared to answer health related questions.  Talk to a Canadian immigration lawyer before traveling if you have concerns.

Misrepresentation.  You are obliged to answer truthfully all questions put to you and may be denied entry if you provide CBSA officers with false information or withhold relevant information.  If you are issued a removal order for misrepresentation, you will be excluded from Canada for two years. Coming to Canada to exercise your lawful right to free speech will not render you inadmissible, but lying to immigration officials about it could.

If you are denied entry into Canada:

After questioning you, a CBSA officer will then decide whether or not to allow you entry into Canada, and for how long.  If they decide that you are inadmissible and they will not allow you entry, they will usually offer you a voluntary withdrawal - this means that you can voluntarily leave Canada and return once you have addressed the factor causing inadmissibility.  

If you do not wish to voluntarily withdraw or you are not offered that option, you may be issued a removal order and sent back right away or you may be allowed to enter Canada to attend an Admissibility Hearing before the Immigration and Refugee Board which will decide if you are, in fact, inadmissible.  CBSA may impose conditions such as payment of a bond or posting of a guarantee for compliance with conditions pending your Admissibility Hearing.   

There is also the risk that you will be detained (for a period of 2 – 4 days) while you await your Admissibility Hearing.  If you are detained, the reasons for your detention must be reviewed by the Immigration and Refugee Board after 48 hours (although in practice this may be up to 4 or 5 days), then after 7 days, and every 30 days thereafter.

If you are found to be inadmissible to Canada, a removal order will be issued against you. Such a removal order would require you to obtain special authorization for one or two years after leaving Canada (exclusion order), or indefinitely (deportation order).   

All immigration decisions made by the CBSA or the IRB are subject to judicial review by the Federal Court.

Right to counsel:

At the border, you do not have a constitutional right to counsel unless you have been formally arrested or detained.  You will have an obligation to answer questions asked by an immigration officer related to your application for entry to Canada truthfully. However, if other law enforcement agencies such as the RCMP or CSIS are involved in your questioning, you should be allowed to contact counsel and you should not continue to answer questions without contacting counsel.  If you are detained, you have the right to counsel and to contact your government.

For more detailed information about the requirements for entering Canada as a visitor, please see: http://www.cic.gc.ca/english/visit/index.asp

If you have any questions or concerns prior to your entry, please call the immigration support line at  1-877-823-2010 or (604) 630-7502. The support line is also available if you should be detained or arrested for immigration related reasons. We strongly recommend that if you are not a Canadian citizen and are arrested for any reason in Canada that you contact an immigration practitioner as soon as possible to get appropriate advice.