Edmonton Oilers Goalie Nikolai Khabibulin was found guilty last week of extreme DUI, excessive speeding and a blood alcohol level of .164, which is more than twice the legal limit. He was sentenced to 30 days in jail by the judge in an Arizona courtroom, where the crime took place in February.

A month, or 30 days in jail, is the minimum sentence for the offences, and Khabibulin has also been ordered to attend a treatment program along with paying fines of over $5,000. While 30 days in jail is the minimum sentence in the United States, jail times of that extent are rarely given out for similar crimes in Canada.

Despite this, one major issue for Khabibulin, born in Russia, is that the impaired driving offences in question are punishable under the Criminal Code, which made him criminally inadmissible to Canada under Canadian immigration law as soon as he was convicted. He is not a Canadian citizen or a permanent resident, so it might make things difficult.

Khabibulin’s lawyer filed an appeal immediately after the sentence was handed down, but if the appeal is denied, he may be able to apply for a Temporary Resident Permit (or TRP) in order to be admitted to Canada. TRPs are usually difficult to get and are approved in exceptional cases.

However, according to Global News the fact that his employer is supporting him, the fact that Khabibulin did not injure or kill someone and that it was his first offence can work in his favour when immigration officials determine the advantages to letting him back into Canada.

Conrad Black, once a Canadian who renounced us citizenship to become an English Lord finds himself in very unusual legal waters from an immigration perspective.

As someone with a criminal conviction, he would be considered inadmissible to Canada as a non-Canadian citizen. This means that despite the fact that Lord Black was born in Canada and has a Canadian wife, his renunciation of Canadian citizenship nevertheless renders him inadmissible to Canada given his US conviction.

He is now awaiting the decision of  US Judge Amy St. Eve on whether the terms of his bail would allow him to travel to Canada. Not so simple. Even if Judge St. Eve grants him access to Canada, Black, it would seem, would still have to apply for a Temporary Resident Permit (TRP) to be able to cross into Canada. As discussed extensively in our blogs, TRPs are not always easy to get and given this high profile case, Black’s application could take months to process.

I was interviewed on the Black debacle by the Canadian Press yesterday, reproduced below here

Q. I am a US Citizen.  A few days ago, I travelled to the Toronto Airport and was told that I could not enter into Canada because I have a DUI. The customs officer told me I have to apply for a Temporary Resident Permit. The problem is that I have a wedding to attend to in a few days.  I am in the wedding party. When I researched information about a Temporary Resident Permit, I discovered that it can take months to be approved. What do I do?

__________________________

A. Since you are a US Citizen, you could apply for your Temporary Resident Permit (TRP) at the Canada/US Port of Entry rather than filing it thought the Canadian Consulate. Doing it this way (though the Consulate) can indeed take months. Under NAFTA, as a US Citizen, you have the option of presenting your TRP right at the border for almost instant results.

However, the risk is that if your TRP can be refused at the border, and you could be turned away. Further, in order to apply for a TRP, you have to have your documentation with you including information concerning your DUI among other information. TRPs at the border can be high-risk so it is essential that you have a very well prepared application if wish to attempt a TRP at the Canada border. TRPs can be issued for a single or multiple entry depending on the nature of the offense and circumstances of your entry.

Michael & Shabnam,

Thank you so much for your remarkable turn around on my need to enter Canada on extremely short notice.  A mere 48 hours after retaining your services and providing you with the first bit of documentation, I was landing in Canada with my application for TRP in hand.  An hour later I found myself riding the train to my hotel.  Without your help there is no way I would have been able to be present for my urgent business meeting there.  I cannot thank you enough and greatly appreciate the attention that you paid me.

Bret

Shabnam,

I am very happy to report that I just left the Douglas Poe Port of Entry with an approved TRP! (Temporary Resident Permit)

I want to thank you for the incredible support you have given me throughout this entire process. Your constant availability, and incredible follow-up have been very comforting for me during this very stressful situation.

Thank you so much for leading me through this entire process from beginning to end. Very simply put, you saved me. Thank you.

Eric S.
Highly Satisfied Customer

Those planning to travel to Canada for the 2010 Vancouver Winter Games have to meet the same requirements everyone else does to enter the country, and travelers from certain countries do indeed require a visa. Past criminal convictions or offenses can sometimes result in your being inadmissible to Canada.

If you are inadmissible to Canada due to a past criminal offense, your next course of action may be to acquire a Temporary Residence Permit to enter Canada. A Temporary Residence Permit will allow you to enter Canada as a visitor despite being inadmissible to Canada because of a prior criminal offense, and can be valid for periods of months or years, multiple visits or a one-time entry into the country. Temporary Residence status in Canada can include those who want to visit, work or study in Canada.

If you are planning to travel to Vancouver via the United States, you may also need a United States visa that can be applied for in your home country well before your trip to avoid any delays or surprises.

Usually a TRP application is processed by a Canadian Embassy or Consulate, however, this process can take months. You can also apply at the border (if you are from visa-exempt countries), but there is always the risk of being turned away or very rarely, detained as visitors to Canada must always convince or satisfy the visa officer at the Canadian border or port of entry that the visit is a temporary one.

If you have been denied entry to Canada, please call Niren and Associates Immigration Lawyers at 1-866-929-0991 for a consultation regarding your problem and to discuss steps that can be taken to resolve your situation.