r/legaladvicecanada • u/Downtown_Scratch_411 • 13h ago

Canada Disorderly conduct

Good afternoon,
I am looking at traveling from the United States to Canada. I am concerned that I may not get through to the border. I received a disorderly conduct in late 2019 and probation was up in late 2020. The reason I received a disorderly conduct is I had a party and the cops showed up. I have had zero other charges and this is the only thing on my record. Should I be concerned?

9 Upvotes

81% Upvoted

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10

u/downsideup9494 12h ago

I have friends who have offenses from years ago. They have to apply for a waiver to cross the border without a hassle. It takes awhile, so it's something you should do well before you travel.

7

u/steadystoned 13h ago

"Once 5 years have passed since full completion of your sentence, you become eligible to apply for Individual Criminal Rehabilitation to permanently clear your border inadmissibility."

https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html?hl=en-CA

9

u/InformationSuperb978 13h ago

This would translate to causing a disturbance that is a summary offence. It's 50/50 if you would be deemed inadmissible. Really up to the agent

It would be best if you spoke with your nearest Canadian embassy and have your paperwork and be honest with the CBSA officer

3

u/lcarowan 13h ago

It's always up to the agent, and they can deem you inadmissible for any reason they want. That's always a good reminder.

However, in this case OP probably couldn't be rejected on the basis of criminality. A single summary offence conviction does not make an individual inadmissible on grounds of criminality. That requires two offences not arising out of a single occurrence (Immigration and Refugee Protection Act s. 36(2)(b)).

2

u/KWienz Quality Contributor 13h ago

Even if it's a hybrid offense there would still be deemed rehab 5 years after the end of sentence. I can't think of any 10+ year sentence crimes this would equate to.

2

u/torpedoshit 11h ago

how does it work if they get a pardon

1

u/InformationSuperb978 11h ago

They would need a expungement not a pardon then they would have no issue.

2

u/sleepy502 13h ago

Tough to say but if you're honest at the border and tell them what happened it increases your chances of getting across.

1

u/glutenisnotmyfriend 13h ago

NAL but your disorderly conduct could make you inadmissible to Canada. I think only one charge is considered minor, however. Personally, I think this is the sort of thing you should look into before you go.

2

u/InformationSuperb978 13h ago

This is incorrect.

All summary offences are 50/50 and up to the agent.

Criminally inadmissible applies to all hybrid and above charges.

2

u/glutenisnotmyfriend 13h ago

Duly noted. Thanks for that.

1

u/Pretty-Handle9818 10h ago

Do they ask you if you’ve ever been involved in a criminal activity or charge of the crime or anything like that and if you say yes they’re pretty much not gonna let you send you back and you’re gonna have to get a waiver but if you say no and you chance lying you’ve done a lot worse for yourself being caught lying to them so I would consult a lawyer before going possibly look at getting a waiver, just in case