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PROBLEMS CROSSING THE U.S.-CANADA BORDER
danny87
12-14-2011, 12:40 PM
Hey everyone, I'm super new to this website don't know if i'm posting this in the right place and what not; but i have a very IMPORTANT QUESTION to ask you guys.So... About the summertime of last year, i went to the states for a huge convention my business was hosting, and it took awhile while i got across the border :s. So when I was up to talk to the border crossing guard, the guard asked me all the normal questions and i stumbled on the one "why are you going to the states?". I started off saying that i'm going for a convention that my company is hosting and so on. AND THEN, LONG STORY SHORT, for some reason, i said that "i was getting paid while I was the convention" (FOR NO REASON I LIED TO THEM). It wasn't too long before he told me that "i wasn't allow to do that (get paid in the states). After a 2 hr waiting and questioning they let me go on to the convention. Although I admitted that it was all my fault I'm just super worried about my future situations when I have to cross the us-canada border.
NOW, its been just over a year and I have yet to go back to the states because i'm scared that they will give me a hard time. I was contemplating If I should just try crossing the border by myself to see if they will give me a hard time or not OR if i should just wait until the next i go with my friends and see if I get into a hard time then???
Do you guys have any suggestions what I should do???
Presto
12-14-2011, 12:51 PM
Either you're flagged or you're not. You're going to want to go to the states, eventually. Just pick a day, during the week, when it's not busy, and cross over and see what happens. Tell them you're going to get gas, and you'll be there less than 1 hour.
danny87
12-14-2011, 12:57 PM
what does it mean to be "flagged"?.... Does that mean like I have to get out of the car like everytime i have to cross the border? Or does it just mean like they just ask me more questions?
Its just gonna suck that everytime i go to the states with my friends that, I have to get outta the car (assuming that i'm flagged)
Jayboogz
12-14-2011, 01:05 PM
If ur flagged. Everytime u cross the boarder fucking board patrol will harass u.
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)
danny87
12-14-2011, 01:08 PM
LOL. Thanks Jayboogz. I'm kinda reluctant to ask this question but wut do you mean by "harrass"? examples? Just so i'm aware of what to expect when i'm at the border.
blum2001
12-14-2011, 01:10 PM
I'll share my experience on being 'flagged' as according to the US customs guard at YVR. I've had a nexus for for the last 5 years and from day one of having it I was always harassed at the border whether it be land or air. Never asked what the problem was I just complied, let them search my car, or do what they needed to do. I'm not about to piss them off.
It didn't matter how frequently I went (for golfing mostly) whether it was twice a week to once a month or once every 6 months, i always got questions. It also didn't matter who I was with either. One day I went grocery shopping with my parents who also have nexus passes and they got pulled over. The one and only time they get pulled over was when I was in the car with them.
This went on for 5 years and finally the one time at YVR, I was flying to LA to watch the Canucks play in the playoffs, I did my retina scan started to walk through and immediately 3 US border guards told me to go with them. I sort of got fed up after 5 years of dealing with this and just asked in a polite way 'why am i always being stopped?' and it turns out according to the border guard in her own words, I was flagged. Not me specifically but someone profiled similar to me (age, first name, ethnicity, nexus pass holder). The border guard told me she will clear the flag and I will never be harassed for this again.
From that day forward I've never been 'flagged' at the border again. It's a totally different situation than you are in, but I guess all I"m trying to say is that if they have something on you it will most likely still be linked to you until you get it resolved.
Again these are totally different situations and circumstances... Hope this helps..
seakrait
12-14-2011, 01:15 PM
Seems like a relatively minor misunderstanding. I wouldn't worry about it too much.
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)
danny87
12-14-2011, 01:16 PM
Thanks blum2001, that was super helpful! Kinda sucks that the only way to find out if your flagged or not is to try crossing the border. :P
blum2001
12-14-2011, 01:25 PM
Thanks blum2001, that was super helpful! Kinda sucks that the only way to find out if your flagged or not is to try crossing the border. :P
It does suck, and yes the only way to find out is to cross.
BrRsn
12-14-2011, 01:38 PM
I was always harassed. Apparently there was a guy from ontario who had a warrant out for his arrest/some complication with the law and he had the same/similar name as me, except he was in his late 40's.
I constantly got harassed (by canadian customs) until one day the canadian guard asked me "do you usually get stopped when you cross the border?" and I told him yes, and I explained to him the situation -- how for the past 2 years every time I go to the border, they call me inside, question me for a few minutes and let me go after explaining to me that it was a case of mistaken identity. The guard wrote something down and ever since then I don't get stopped/harassed :fullofwin:
Jayboogz
12-14-2011, 01:39 PM
LOL. Thanks Jayboogz. I'm kinda reluctant to ask this question but wut do you mean by "harrass"? examples? Just so i'm aware of what to expect when i'm at the border.
Well I don't have any examples. But they will give u a hard time, question you about things. some boarder agents r nice but some r assholes..
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)
taylor192
12-14-2011, 01:47 PM
OP, I've crossed the border many times for business meetings, the trick is to make them aware that you are NOT "working" in the US. Next time just tell them you're going to attend a company conference. Do not make it seem like you're working the conference. The difference is subtle to us, yet huge to them.
When you told them you're getting paid to go that was a big no-no. They assumed the conference was paying you to attend, which means you're making money in the US, taking jobs away from Americans, and they are going to question you about it.
I've been secondary screened many times, it sucks, yet it happens. Doesn't mean its going to happen everytime, sometimes its just random.
danny87
12-14-2011, 01:52 PM
Ya.... Taylor192. I totally understand you. I even PROVED (emails & papers) to them that I was NOT getting paid to go to the conference, even though i did say that I am! :s
ToneCapone
12-14-2011, 01:53 PM
I am flagged but on the Canada side... Every time I come back from the states I pull up, they ask me the basic questions, then I know... they will hand me a slip, and I go in for inspection. Then they search my car, and ask me more detailed questions. My situation was quite severe so they do a more intense investigation every time.
I am not 100% sure but I can only imagine that the states does it the same. Honestly, if you are flagged, it is what it is. Just wait until next time you go with your friends but stress to them that you MAY be flagged so they should be super careful with what they bring. It will be a guaranteed basic search so if they find one bag of weed and you guys are going to jail. Don't be too paranoid, if you are nervous take a deep breath and blow on the tip of your thumb to slow your heart rate. lol I read that somewhere as a lifehack.
Presto
12-14-2011, 02:02 PM
Is there a polar opposite of being flagged. Can you be marked, "wave through", or something? My exchanges with the border guards is usually 30 seconds or less.
shenmecar
12-14-2011, 02:31 PM
^ sounds about right for an average crossing
tiger_handheld
12-14-2011, 02:34 PM
very simple solution to your problem - next time don't lie :)
Chronix
12-14-2011, 03:50 PM
hey guys, i have a question here. so when coming back from seattle, i used the nexus lane to get to the american duty free shop close to the border. a blaine cop pulled me over and handed me a ticket for illegally using the nexus lane. my argument was that i wasnt trying to cut in line but to get to the duty free shop. he said the PROPER WAY to do that is to wait on the non nexus line and then on the open pathway to the duty free shop, turn and cross 3 lanes into the duty free shop. WTF? Secondly there is not clear directions how to properly cross into other duty free store and to make us wait on the slow lane and then turning in doesnt make sense.
Sky_High
12-14-2011, 05:47 PM
OP,
PM me and I'll drive you across the border, and we'll see how it goes.
:accepted:
Volvo-brickster
12-14-2011, 07:02 PM
i said that "i was getting paid while I was the convention
That, and for that reason alone is why you got harassed.
I cannot count how many times i have talked to people who got harassed , questioned, even denied entry in the USA.
Pretty much, you are in their country, on their soil, getting paid for work and that is a threat to the USA economy as you are stealing jobs and $ from the American people.
Sounds stupid, but google it and you will find it is a very common thing.
Doesn't even matter if you are being paid by a Canadian company , by showing up and "working" in the USA, you are a threat to them.
You are lucky they didn't ban you and make you get a work visa.
danny87
12-14-2011, 07:16 PM
i understood why i got harrassed lol! And ya, it was very stupid on my part. But I'm just worried about my future goin to the states, crossing the border. Basically I'm just wondering if what i did is "serious" enough that they "flagged" me or was it just a one time thing, because I screwed up at that time. Was sorta hopeing someone else was in the same situation, or if someone know at when do border patrols flag people? how serious does the situation have to be?
SkinnyPupp
12-14-2011, 07:22 PM
OP:
http://troll.me/images/paranoid-parrot/paranoid-parrot.jpg
MindBomber
12-14-2011, 07:36 PM
I'm flagged on the American side, I don't cross the border any more, period.
I'd rather not go into my personal experience and why the border guards like to spend time with me, but I'd be happy to share a couple of my friends experiences.
S - A good friend of mine and her sister tried crossing at Aldergrove, for of course, shopping. At 19 years old, driving a modified Honda, I guess she was extremely suspicious looking. They cut open the back of her seats, removed all her speakers, questioned her, and after finding nothing let her go with a box full of her removed stereo components.
C - Another good friend of mine crossing at Sumas, 23 years old with no criminal record, he was pulled over for the extra chat some people get. That chat eventually escalated to completely irrational questions, and the climax, he was shown a bag full of grass clippings and told it was found in the car. The guards insinuated that the grass clippings were weed, correcting them that they were actually grass clippings, they then asked how he could possibly know what weed looks like... he must be a drug trafficker if he can distinguish between drugs and dried up grass.
danny87
12-14-2011, 07:47 PM
What did you do to get "flagged", if you do mind sharing of course. Was what you did anything similar to what I did? Argh.... so paranoid!
MindBomber
12-14-2011, 08:00 PM
What did you do to get "flagged", if you do mind sharing of course. Was what you did anything similar to what I did? Argh.... so paranoid!
It's kind of ridiculous, but it's not worthwhile going into.
smaggs
12-14-2011, 08:12 PM
Man up and just go over. If you got nothing to hide, it'll be no problem. If you are "flagged", it will get removed as soon as you aren't deemed suspicious anymore so the sooner you go over, the sooner it will get removed! Unless you DO have something to hide....
twitchyzero
12-14-2011, 08:16 PM
OP
next time going through try not to think about it
sometimes if you think that you are flagged you are only going to make it worse (ie acting all nervous and the customs officer will think something is fishy)
i went across today with my parents and after he handed the passport he opened his door...the guard went "what are you doing?" and my dad's subpar english comprehension levels thought he said "how are you doing" so my dad replied "okay" and then smiled :facepalm:
for all we know he probably thought my dad was pulling out a gun lol
SkinnyPupp
12-14-2011, 08:28 PM
The main thing is, don't say anything unless specifically asked.
........... and whatever you do, don't smile like an idiot. Just be cool. Some people :badpokerface:
danny87
12-22-2011, 07:29 PM
I've been thinking of just going up to the border and just finding out what my "status" is.... I've been just super paranoid lately about it. Would it be "smart" to just tell the border patrol officer, when he asks "why i'm going to the states", that I say "I just want to see if you guys are going to give me a hard time or not. OR tell them that I want to find out if i'm flagged or not? Or should i just go to get gas?
Any suggestions would be greatly appreciated?
Presto
12-22-2011, 07:54 PM
If you're planning on going to the border to ask them, then you might as well cross over, and get gas. If you're not flagged, and they're having a douchy kind of day, then they may just flag you for the heck of it! :troll:
BillyBishop
12-22-2011, 07:55 PM
I've been thinking of just going up to the border and just finding out what my "status" is.... I've been just super paranoid lately about it. Would it be "smart" to just tell the border patrol officer, when he asks "why i'm going to the states", that I say "I just want to see if you guys are going to give me a hard time or not. OR tell them that I want to find out if i'm flagged or not? Or should i just go to get gas?
Any suggestions would be greatly appreciated?
Not "smart" to say that; you'd be a "smart"ass to them.
They would see you as wasting their time, to be honest. Knowing whether you are flagged or not won't change a thing when you cross with an actual purpose other than to just cross the border. What happens, happens - right? As long as you have nothing to hide, you needn't worry. They'll search you when they want to search you; you have no control over that.
I thought I was flagged; I always got hassled on both sides of the border. USA side finally let up, but then the Canadian side went harder on me, searching my car even when I had bought nothing. Questions were extensive.
But knowing whether I'm flagged or not doesn't change a damn thing. I'm at their mercy.
Like Presto said, just go for gas.
If you think you've been sent to secondary unnecessarily because you're flagged in their system, you can fill in the Department of Homeland Security Traveler Redress Inquiry form here:
DHS | DHS Traveler Redress Inquiry Program (DHS TRIP) (http://www.dhs.gov/files/programs/gc_1169676919316.shtm)
Just know that it takes quite a while (when I submitted mine, it took about a year to get a response) so it's not immediate. However, with a redress file number it should help a little so at least they can look up your complaint easily and not have to start from scratch (or worse make assumptions) every time you cross.
danny87
12-22-2011, 08:07 PM
ya i think i'm gonna do that. But i'm just afraid they might be like "why think fuck is this guy driving 50km to get gas in the states?". Do lots of people go to the states for solely, just gas?
yep, people do that all the time - but not usually from Vancouver. I've thought about bringing my passport along if I have a dinner or something in south surrey - since it's not too far from the border. You could very easily just say you were meeting a friend and you had an empty tank. Just make sure you actually do have an empty tank - and don't show them a receipt for $5 of gas - because you'll definitely be suspicious.
Gridlock
12-22-2011, 08:14 PM
Yeah, go to the border with a bunch of power hungry fancy douchbags and say, "I'm curious if I have flag on my file" because I'm sure you will after you are done.
My gf always mocks me, but I hate crossing the us border. We had to deal with a d-bag years ago when we took my fathers show car across the border who was convinced we were taking it across to sell it. Tossed the car, kept us in a parking lot for an hour looking for a 'for sale' sign. Like they don't have hardware stores in the states.
Its gotten 10x worse in the last decade, and makes me want nothing to do with america.
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)
ruthless
12-22-2011, 08:17 PM
Not "smart" to say that; you'd be a "smart"ass to them.
They would see you as wasting their time, to be honest. Knowing whether you are flagged or not won't change a thing when you cross with an actual purpose other than to just cross the border. What happens, happens - right? As long as you have nothing to hide, you needn't worry. They'll search you when they want to search you; you have no control over that.
I thought I was flagged; I always got hassled on both sides of the border. USA side finally let up, but then the Canadian side went harder on me, searching my car even when I had bought nothing. Questions were extensive.
But knowing whether I'm flagged or not doesn't change a damn thing. I'm at their mercy.
Like Presto said, just go for gas.
+1 to not telling them you are going over to see if they will search you :facepalm:
That is exactly why they searched you, because you didn't buy anything...they deem that to be suspicious and probe a little further :smug:
El Bastardo
12-22-2011, 08:25 PM
Just be polite, concise, and most importantly HONEST.
Contrary to popular belief, the US doesn't flag people for ridiculous reasons such as "He was getting paid to go to a conference" or "He had a stupid hat"
They flag people who are serious threats to the country and the laws of that country
Even if you're paid for another conference, its not like you're going to leave to immigrate to the USA on the money you earn from that conference. You have your family, your home, all your stuff is in Canada. You have a reason to come back.
Don't be afraid of the border guards. They're doing their job, but aren't there to discriminate.
Excelsis
12-22-2011, 08:32 PM
Hey everyone, I'm super new to this website
danny87
What hasn't Killed me, has made me more tolerant of RS!
Join Date: Apr 2005
I honestly don't think the OP has anything to worry about. They eventually let him through so it's not like he was denied entry. (actually, they technically don't deny you entry - the form you get will say you withdraw your application to enter the United States - ask me how I know)
In any case, if you frequently go down to the US for work (even if it is for meetings and conferences), I would suggest getting a visa (even just a TN visa) to avoid hassles like this.
ilvtofu
12-22-2011, 09:28 PM
Just a heads up since this is RS, the only time I've been hassled was when the Canadian border agent spotted my pedobear decal. Asked me some pretty basic questions, looked through all my phone pics/rs textplus conversations/text messages/etc. to see if I had child porn, also looked through the USB drive plugged into my stereo and just searched in the glovebox etc. (miata; not too much to look through haha)
Overall I didn't mind as they were just doing there job, the guys who searched me were respectful in their questioning and obviously I didn't have any child porn so I didn't really have anything to worry about, I even shook their hands after and told them that I respected what they were doing etc. but I felt like it would be good to let you guys know that the CBSA protocol will give you some difficulties if they notice a blatant pedobear sticker on your car.
I try to avoid going down to point roberts/crossing the border as much as possible since that incident though but when I do I always clear everything off my phone including facebook apps/chat apps/text messages/downloaded music/etc. I'm paranoid like that...
twitchyzero
12-22-2011, 09:33 PM
I try to avoid going down to point roberts/crossing the border as much as possible since that incident though but when I do I always clear everything off my phone including facebook apps/chat apps/text messages/downloaded music/etc. I'm paranoid like that...
or you could just take that stupid sticker off your car:whistle:
on a related now i've seen trucks around town with upside down american flag bumper sticker..i wonder if they get special treatment going across haaha
ilvtofu
12-22-2011, 09:43 PM
or you could just take that stupid sticker off your car:whistle:
I did, Just posted it as a heads up to fellow members. regardless I still choose to reduce the risk of getting hassled as much as I easily can. I also try not to bring anything in my car except for what I need, who knows what might offend them if I keep a messy interior?
marksport
12-22-2011, 09:52 PM
I had a US CBP question me why I crossed into the US three times in one day. I explained it to him and he let me go. I had been asked to go inside for secondary inspection, and the officer I was dealing with had been called to another issue after searching my car and left my passport somewhere. It took them nearly another half an hour to realize what they had done and let me go. Happened to my brother as well. Recently CBSA searched him as someone with the same name was wanted by Interpol for an assault charge somewhere in Europe. They realized he wasn't the right person and let him go.
taylor192
12-24-2011, 10:51 PM
So I crossed today, in the same vehicle with the same friend going to another Seahawks game... and we got secondary screened, again! I asked, and they say it was random, I don't believe it, we'll see if third time is the charm.
I did have a funny moment when they searched my car. I got this as a gag gift a few years ago, its been in my glove box ever since. Lesson learned, don't keep shit like this in your car. Even though its obviously fake, officers do not have a sense of humour. :D
http://ecx.images-amazon.com/images/I/41N0NLybSsL.jpg
http://ecx.images-amazon.com/images/I/31Vto01AATL.jpg
static
12-25-2011, 11:48 AM
hey guys, i have a question here. so when coming back from seattle, i used the nexus lane to get to the american duty free shop close to the border. a blaine cop pulled me over and handed me a ticket for illegally using the nexus lane. my argument was that i wasnt trying to cut in line but to get to the duty free shop. he said the PROPER WAY to do that is to wait on the non nexus line and then on the open pathway to the duty free shop, turn and cross 3 lanes into the duty free shop. WTF? Secondly there is not clear directions how to properly cross into other duty free store and to make us wait on the slow lane and then turning in doesnt make sense.
Didn't see a question, are you asking for a lup-hol or something?
static
12-25-2011, 11:51 AM
Yeah, go to the border with a bunch of power hungry fancy douchbags and say, "I'm curious if I have flag on my file" because I'm sure you will after you are done.
My gf always mocks me, but I hate crossing the us border. We had to deal with a d-bag years ago when we took my fathers show car across the border who was convinced we were taking it across to sell it. Tossed the car, kept us in a parking lot for an hour looking for a 'for sale' sign. Like they don't have hardware stores in the states.
Its gotten 10x worse in the last decade, and makes me want nothing to do with america.
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)
I hate douche bag border guards, but when they are dumb douche bag border guards it's even worse. I have a student visa to get into the states and a border guard found out I had been in China the past summer and stated the visa was voided and I could be denied entry.
His specific words were "you left the northern hemisphere" without telling us, so your visa is void.
Apparently border guards are also bad at basic geography.
jmvdesign
12-27-2011, 04:28 PM
I'm driving down/moving to California next week and taking Peace Arch Crossing. I'll be taking my PC tower with me. Should I worry about CBP withholding my PC tower and scan my files? I have personal picture albums and tons of jpeg libraries of design references.
marksport
12-27-2011, 04:38 PM
I'm driving down/moving to California next week and taking Peace Arch Crossing. I'll be taking my PC tower with me. Should I worry about CBP withholding my PC tower and scan my files? I have personal picture albums and tons of jpeg libraries of design references.
Unless you have anything illegal or incriminating, there's nothing to worry about, tho consider backing up your files onto an external drive.
There was a court case a while ago about some fellow who bought a HDD on ebay. The seller didn't wipe it out and when CBSA searched the drive, they found child porn. I don't remember the exact case but I recall that the charges were dropped as the buyer did not know what was on the drive and was expecting it to be empty.
zulutango
12-27-2011, 07:12 PM
So I crossed today, in the same vehicle with the same friend going to another Seahawks game... and we got secondary screened, again! I asked, and they say it was random, I don't believe it, we'll see if third time is the charm.
I did have a funny moment when they searched my car. I got this as a gag gift a few years ago, its been in my glove box ever since. Lesson learned, don't keep shit like this in your car. Even though its obviously fake, officers do not have a sense of humour. :D
http://ecx.images-amazon.com/images/I/41N0NLybSsL.jpg
http://ecx.images-amazon.com/images/I/31Vto01AATL.jpg
Yep....that's right up there with pointing a replica gun at a Cop. Those guys dont have a sense of humour....can't take a joke.
Everymans
12-27-2011, 08:18 PM
When i first got my passport I decided to give it a try down at the peace arch crossing. I was going alone and I didn't really have a destination, nor did I have any first hand knowledge of murika or boarder protocol. I was also driving an alberta registered car with a bc licence. Needless to say, I was denied from the boarder... I eventually went to seattle with some friends for a football game. But I'm just curious about the do's and don'ts of border crossing? Obviously I should have known my destination, and my car should be registered in the same province I'm licensed in. But what are some the biggest no no's. The border control claimed that I was going to stay in the country like a vagabond. Some of my questions-
-If you say you're only going for a day and it ends up turning into a week, will this effect crossing back into canada?
-How much merchandise can you bring back? And what can't and what can you bring back?
-What happens if you get in a minor car accident while in the states and you return to the border with the damage unrepaired? Or if you get in a major car accident and have to return on a plane?
-What is the best way to get across the boarder with little hastle? Getting gas? Getting groceries? Bring a few friends? or be alone?
-Is it true that if the border control rips apart your car, you can't claim the damage on insurance?
marksport
12-27-2011, 08:40 PM
When i first got my passport I decided to give it a try down at the peace arch crossing. I was going alone and I didn't really have a destination, nor did I have any first hand knowledge of murika or boarder protocol. I was also driving an alberta registered car with a bc licence. Needless to say, I was denied from the boarder... I eventually went to seattle with some friends for a football game. But I'm just curious about the do's and don'ts of border crossing? Obviously I should have known my destination, and my car should be registered in the same province I'm licensed in. But what are some the biggest no no's. The border control claimed that I was going to stay in the country like a vagabond. Some of my questions-
-If you say you're only going for a day and it ends up turning into a week, will this effect crossing back into canada?
-How much merchandise can you bring back? And what can't and what can you bring back?
-What happens if you get in a minor car accident while in the states and you return to the border with the damage unrepaired? Or if you get in a major car accident and have to return on a plane?
-What is the best way to get across the boarder with little hastle? Getting gas? Getting groceries? Bring a few friends? or be alone?
-Is it true that if the border control rips apart your car, you can't claim the damage on insurance?
Obviously any contraband including but not limited to cocaine, heroin, marijuana, meth, and Kinder eggs. Kinder eggs are illegal because of a prohibition against having an inedible item inside an edible object.
In the past CBSA and CBP don't communicate directly to each so if you are in the US longer than you told them, they would need to find out when you left the USA. They may hassle you but as long as you are truthful about your intentions and destination you shouldn't have any real problems. That may have changed recently. Technically you do not have any tax free shopping if you have been absent from Canada for less than 48hours, but normally an office will let you thru if you have under $200 in goods without taxing you. Alcohol they are more likely to tax you, tho at the discretion of the officer you are dealing with. Depending on which state you are in, if your car is still safe to drive, you can go home with it, let ICBC deal with it. Same thing if your car is not drivable, that's what insurance is for. Consider getting travel insurance as any hospital stay is not covered by BC medical and can possibly bankrupt you. Best way to get across is like I stated earlier, be honest about what you are doing. I have crossed three times in a single day without a problem. Had an office ask me about that and I told him. I've crossed later at night and back into Canada in under 7 minutes getting gas. Not sure about if they rip your car apart, but they have to be mighty suspicious to pull your car apart since it takes them time and a few officers to do so, taking resources away from their other duties and tasks.
Anjew
12-27-2011, 10:02 PM
guys, you can be flagged very easily because someone had the same NAME as you.
i was flagged by some douche at the peace arch border.... not jaded, just straight up douche.
anyways here is some advice for you guys that are going through what happened to be years ago... i'm NOT flagged ANYMORE..
here is how you guys get rid of it.
DHS | DHS Traveler Redress Inquiry Program (DHS TRIP) (http://www.dhs.gov/files/programs/gc_1169676919316.shtm)
Meowjin
12-27-2011, 11:24 PM
I'm driving down/moving to California next week and taking Peace Arch Crossing. I'll be taking my PC tower with me. Should I worry about CBP withholding my PC tower and scan my files? I have personal picture albums and tons of jpeg libraries of design references.
maybe
spooky dhs - Google Search
some_punk
12-27-2011, 11:42 PM
Obviously any contraband including but not limited to cocaine, heroin, marijuana, meth, and Kinder eggs. Kinder eggs are illegal because of a prohibition against having an inedible item inside an edible object.
In the past CBSA and CBP don't communicate directly to each so if you are in the US longer than you told them, they would need to find out when you left the USA. They may hassle you but as long as you are truthful about your intentions and destination you shouldn't have any real problems. That may have changed recently. Technically you do not have any tax free shopping if you have been absent from Canada for less than 48hours, but normally an office will let you thru if you have under $200 in goods without taxing you. Alcohol they are more likely to tax you, tho at the discretion of the officer you are dealing with. Depending on which state you are in, if your car is still safe to drive, you can go home with it, let ICBC deal with it. Same thing if your car is not drivable, that's what insurance is for. Consider getting travel insurance as any hospital stay is not covered by BC medical and can possibly bankrupt you. Best way to get across is like I stated earlier, be honest about what you are doing. I have crossed three times in a single day without a problem. Had an office ask me about that and I told him. I've crossed later at night and back into Canada in under 7 minutes getting gas. Not sure about if they rip your car apart, but they have to be mighty suspicious to pull your car apart since it takes them time and a few officers to do so, taking resources away from their other duties and tasks.
It is actually $75 for a 24 hour leave, but it all depends on the officer as you said. Some times you can bring back less and get taxed, some times you can bring back more and not get taxed
Anjew
12-28-2011, 12:19 AM
also if your item is over 75 dollars, they can make you pay taxes and duty on the entire cost of the item and not just the cost of the item minus $75.
falcon
12-28-2011, 08:47 AM
If they ended up letting you go to the USA on that trip you are not flagged. Trust me on that... if they denied you and sent you packing then chances are there would be a note in your file.
Too many people are worried of crossing the border. Key to getting across comes in four little words. "Yes Sir, No Sir" Keep the chatter to a min and you'll be fine.
Kinda funny since I'm living in Europe right now and there is no such thing as a border here. I go to Austria daily from Germany via a ski lift... lol. A lot different than our N/A way of doing things.
It is actually $75 for a 24 hour leave, but it all depends on the officer as you said. Some times you can bring back less and get taxed, some times you can bring back more and not get taxed
No, it's not.
For 24 hours or more, you get $50. For anything less than 24 hours (day trip) you don't get anything.
bsf5056: I Declare (http://www.cbsa-asfc.gc.ca/publications/pub/bsf5056-eng.html#s2x8)
falcon
12-28-2011, 09:02 AM
That rule is bogus anyways. If it's under $100 they won't care. I regularly bring $400-$500 worth of car parts back (on a 5 min trip to blaine) and rarely do I have to pay duty.
Berzerker
12-28-2011, 09:54 AM
I still LOL at the thought that you guys get harrassed over stupid shit like that but yet here's my story on the last time I crossed the border.
We were going to a Honda-tech meet and the car we were driving was a VIP Infinity with all black windows. Straight up looks like a DD car. There were 4 of us in it all young white males and me personally with a criminal record with several convictions for violent crimes. I told them at the time if they wouldn't let me through I would just stay behind and call a buddy for a ride home lol. Border guards going BOTH directions didn't even ask us any questions at all. "Where you going?" "Car show" Ok have a nice day. On the way back, "No we didn't buy anything" "Ok have a nice day"
The only time I have ever been stopped was in my EK and they asked me how much cash I had on me. I had no interior in my car so the officer just looked inside and said Ok have a nice day.
Guess I've been lucky? lol
Berz out.
SumAznGuy
12-28-2011, 10:25 AM
me personally with a criminal record
Yes you were. The criminal conviction even with a Pardon or discharge is enough reason for them to reject you from entering the US.
The 2 times that I was sent in for secondary inspection was during the 4th of July long weekend. 2 years in a row. :heckno:
Gridlock
12-28-2011, 10:39 AM
...me personally with a criminal record with several convictions for violent crimes.
Guess I've been lucky? lol
Berz out.
I would guess others not so much.
americans dont like it when you take jobs from them.
my company has tons of travellers that go down to the states, and we need a professional travel letter and tons of paperwork at hand in case they start asking questions.
we have to tell them we get paid in canadian dollars, etc...
Gridlock
12-28-2011, 11:19 AM
americans dont like it when you take jobs from them.
my company has tons of travellers that go down to the states, and we need a professional travel letter and tons of paperwork at hand in case they start asking questions.
we have to tell them we get paid in canadian dollars, etc...
See? That's what I don't get. Everyone is all "fuck Mexicans-they take our jobs!" right? Well, those jobs are there because you are too fucking lazy to pick produce for dick money.
I'd be more worried about the "white-as-you, talks-like-you, thinner-than-you, educated-as-you, looks-just-like-you" fucking Canadians coming down and stealing your shit myself.
7seven
12-28-2011, 11:26 AM
americans dont like it when you take jobs from them.
my company has tons of travellers that go down to the states, and we need a professional travel letter and tons of paperwork at hand in case they start asking questions.
we have to tell them we get paid in canadian dollars, etc...
Neither does Canada, I have a friend who's banned from entering Canada for a year because she was hired to model up here but the employer forgot to apply for a work visa properly. You'll need a work visa/permit if you are entering Canada/US for paid work and you're not a citizen.
tool001
12-28-2011, 02:20 PM
for business trips, never say u are a consultant or are getting paid for work or are on the clock while you are down south.
the worst ive had was, crossing border with nexus card (not nexus lane) and us guard askimg me "why u have a nexus"? i was like :fulloffuck: I was with group of ppl who had passports
in general, i have had better exp. with US guards.
at least they joke around, unlike CBSA guards that always seem to have something up thr ass (most of the time)
marksport
12-28-2011, 05:36 PM
Anyone in the medical field know how strong and how long lasting radioactive isotopes are? I recall that they have sensitive radiation detectors at the border that may pick up those kind of radiation, possibly causing some issues and a lecture about WMD's. They never found them in Iraq so next likely location is under your car seat.
Anyone in the medical field know how strong and how long lasting radioactive isotopes are? I recall that they have sensitive radiation detectors at the border that may pick up those kind of radiation, possibly causing some issues and a lecture about WMD's. They never found them in Iraq so next likely location is under your car seat.
The ones they inject into you for a better contrast only last a few hours. Even then, it's an extremely weak source of radiation. I don't see you have any issue as long as you weren't just injected with it.
1exotic
12-28-2011, 07:02 PM
As far as I know the US and Canada border doesn't share any info with each other at all. I have tested it myself before.
I have told each side a different purpose of the trip just to test it out and I've always gone through no problem.
SoulCrusher
12-28-2011, 07:48 PM
^ your wrong. If there is a major concern, ie: drugs, guns, money, human smuggling, they communicate back and forth. No one gives a shit if its something petty such as purpose of your trip
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)
taylor192
12-28-2011, 08:00 PM
As far as I know the US and Canada border doesn't share any info with each other at all. I have tested it myself before.
I have told each side a different purpose of the trip just to test it out and I've always gone through no problem.
^ your wrong. If there is a major concern, ie: drugs, guns, money, human smuggling, they communicate back and forth. No one gives a shit if its something petty such as purpose of your trip
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)
He's correct, you're wrong. Although all this will change soon.
Canada-U.S. border deal marks 'significant step' - Politics - CBC News (http://www.cbc.ca/news/politics/story/2011/12/07/pol-canada-us-border-perimeter.html)
Currently, no information is shared upon entry or exit.
Guess I've been lucky? lol
Berz out.
No, it's your cute smile. :whistle:
oh, no homo....................
for business trips, never say u are a consultant or are getting paid for work or are on the clock while you are down south.
the worst ive had was, crossing border with nexus card (not nexus lane) and us guard askimg me "why u have a nexus"? i was like :fulloffuck: I was with group of ppl who had passports
in general, i have had better exp. with US guards.
at least they joke around, unlike CBSA guards that always seem to have something up thr ass (most of the time)
If you cross the border for work for anything other than business meetings or training, INSIST that the company get you a visa. A TN visa is cheap ($50) and lasts a year and avoids a whole lot of hassle when crossing the border. If you try to cross without, it's a crapshoot as to whether they'll let you cross or not.
There's no way in hell I'd want a black mark on my record because of my work. The strike against you will be on your record long after you leave that job and it doesn't get erased just because you don't work for that company anymore. Take it from someone who has taken more than his fare share of refusal of entries (oh wait - they termed it a withrawing of my application for entry into the United States) and trips to secondary because his work was too cheap to get him a visa...
Generally I find US border agents a little more abrasive than Canadians. I've watched them make someone cry in secondary. Candian border guards generally ask more questions but they're generally (though not always) somewhat polite about it. I think I've only had one US border agent crack a joke in the 50-60 times I've crossed the US border.
ilvtofu
12-28-2011, 10:32 PM
in general, i have had better exp. with US guards.
at least they joke around, unlike CBSA guards that always seem to have something up thr ass (most of the time)
+1, the US guards are generally friendly maybe it's because they know I'm only crossing to spend money/pick up stuff that I spent money on, never been called in for going into the states but many times coming back from PR.
Another heads up for PR, the CBSA actually sends guys down to TSB/Letter carrier etc, to see if we're picking up stuff, one time I was exchanging a wheel (wrong bolt pattern, long story) and I packaged it in the TSB parking lot, didn't declare it but had a frightening experience when called in, the guy believed my story and I explained everything to him and he told me what to do next time; he said he could but wouldn't flag me knowing that I learned my lesson. Basically I should've declared what I was bringing down first to avoid the hassle, but interesting to know that they send down spies like that
Another heads up for PR, the CBSA actually sends guys down to TSB/Letter carrier etc, to see if we're picking up stuff, one time I was exchanging a wheel (wrong bolt pattern, long story) and I packaged it in the TSB parking lot, didn't declare it but had a frightening experience when called in, the guy believed my story and I explained everything to him and he told me what to do next time; he said he could but wouldn't flag me knowing that I learned my lesson. Basically I should've declared what I was bringing down first to avoid the hassle, but interesting to know that they send down spies like that
I've always wondered about that. While I don't go to Pt Roberts, I have seen CBP cars cruising around Blaine and was wondering if they were looking out for people trying to sneak stuff over. From watching people at the receiving place I'm at, I'd say about 80% of the people that are there are blatantly trying to sneak stuff over the border without declaring it. (You can see them cutting off tags, getting rid of boxes, etc) I wouldn't be surprised if they start doing the same thing in Blaine.
As for taking stuff down, I've driven into the US with my stock springs/struts that I sold to someone on a forum and declared it and they just waved me on. Same with my 17-55 f2.8 Canon lens I was sending off for repair. They didn't even flinch and just waved me on my way after I declared it to them.
ilvtofu
12-28-2011, 10:49 PM
I've always wondered about that. While I don't go to Pt Roberts, I have seen CBP cars cruising around Blaine and was wondering if they were looking out for people trying to sneak stuff over. From watching people at the receiving place I'm at, I'd say about 80% of the people that are there are blatantly trying to sneak stuff over the border without declaring it. (You can see them cutting off tags, getting rid of boxes, etc) I wouldn't be surprised if they start doing the same thing in Blaine.
As for taking stuff down, I've driven into the US with my stock springs/struts that I sold to someone on a forum and declared it and they just waved me on. Same with my 17-55 f2.8 Canon lens I was sending off for repair. They didn't even flinch and just waved me on my way after I declared it to them.
By declare the CBSA guy meant to park at the Canadian office first and declaring it, similar to how when you travel you go to the airport and you fill out the little card with your s/n's etc. not declare to the U.S. guy since as we have already determined the communication between those two parties is generally poor
marksport
12-29-2011, 12:15 AM
Not sure what the TSB has to do with crossing border here. TSB is the Transport Safety Board of Canada. CBSA is the Customs and Border Services Agency of Canada which used to be Canada Customs and Revenue Agency. CBP is the US Customs and Border Protection, along with ICE, Immigration and Customs Enforcement are part of the US DHS, Department of Homeland Security. Government sure loves acronyms.
CBP doesn't really care about you trying to bring in some stuff you bought without declaring to CBSA coming back into Canada as long it isn't contraband or commercial goods. It is their job as Border Patrol officers to drive around and catch border jumpers as these tend to be smugglers and illegal aliens.
The sharing of information often has issues with privacy concerns and how long that information is kept for and how it is used.
TypeRNammer
12-29-2011, 12:45 AM
Not sure what the TSB has to do with crossing border here. TSB is the Transport Safety Board of Canada. CBSA is the Customs and Border Services Agency of Canada which used to be Canada Customs and Revenue Agency. CBP is the US Customs and Border Protection, along with ICE, Immigration and Customs Enforcement are part of the US DHS, Department of Homeland Security. Government sure loves acronyms.
CBP doesn't really care about you trying to bring in some stuff you bought without declaring to CBSA coming back into Canada as long it isn't contraband or commercial goods. It is their job as Border Patrol officers to drive around and catch border jumpers as these tend to be smugglers and illegal aliens.
The sharing of information often has issues with privacy concerns and how long that information is kept for and how it is used.
ilvtofu is talking about TSB shipping in Point Roberts.
I hope that clears it up a bit.
ilvtofu
12-29-2011, 03:42 AM
Not sure what the TSB has to do with crossing border here. TSB is the Transport Safety Board of Canada. CBSA is the Customs and Border Services Agency of Canada which used to be Canada Customs and Revenue Agency. CBP is the US Customs and Border Protection, along with ICE, Immigration and Customs Enforcement are part of the US DHS, Department of Homeland Security. Government sure loves acronyms.
CBP doesn't really care about you trying to bring in some stuff you bought without declaring to CBSA coming back into Canada as long it isn't contraband or commercial goods. It is their job as Border Patrol officers to drive around and catch border jumpers as these tend to be smugglers and illegal aliens.
The sharing of information often has issues with privacy concerns and how long that information is kept for and how it is used.
Lol what typernammer said, TSB that I'm referring to is a company down in point roberts, same with the letter carrier etc.
Happy
10-15-2012, 09:38 AM
I wasn't sure to make a new thread or ask it here
I've been accused for 3 criminal charges throughout my life, 2 as a youth and 1 as an adult. All three have been dropped before they even made it to the PTA. The last one however was a Trafficking charge. I don't have any criminal charges but I'm pretty sure my "accusations" would encourage the border patrol to harass me. I'm getting my license back soon and will be making trips to the states for gas pretty often. I know it's best for me to go over there and see what happens. But I'm kind of curious to see what information I can get beforehand about crossing, has anyone been in a similar situation?
When they tear your car apart, they carefully take everything apart and don't damage anything correct? Are we allowed to record them incase they damage something? How severe is the harassment? (Am I going to get questioned for 5 hours to see if I have any drugs.) I'm not fimiliar with border patrol at all if someone can fill me in. Thanks
Glove
10-15-2012, 10:05 AM
^ if your that worried, just buy gas locally man, they can smell fear.
for me I think I have the (wave through flag) on both sides.
I come up to the border guy and he asks me where im going, and I say shopping and mail,
he asks what mail?
I say car parts
and im through, within 30 seconds every time.
When I come back the ONLY question the guy asks me is,
total value?
I say 500 bucks or something,
ok go ahead,
he doesnt even ask about alcohol or tobacco or anything anymore, just total value.
literally 15 seconds through.
its been like this for me for the last few years,
I do go quite often though, once a month / every 2 months.
Sometimes they ask what the air compressor in my trunk is for,
and then I explain about the train horn,
then they get a good laugh and let me through, one time the guy wanted to hear it and closed his sliding door and window and let me lay on the horn and dephen the whole border,
:lawl:
he was laughing his ass off in the booth., he even forgot to give me my passport back and I drove off because we were just laughing too much, Had to do a U-ey to get it, once I did the U-ey I had 3 officers come at my car and told me to stop and ask why im turning around, it was all good when I said the guy forgot to give me my passport, then one of them fetched it for me.
I have so many other good border stories too, those guys are awsome, I always have a good time with them. Especially when my GF is in the car with me, then they start asking her questions like,
Are you here out of your free will mam?
Why are you dating him?
How did you meet him?
How much younger are you than him?
Are you making him take you shopping?
How long have you been dating him? (7 years) Why hasnt he proposed yet?
shit like that, they like to have a good time too and poke fun.
Happy
10-15-2012, 10:13 AM
I'm not worried and have nothing to hide so I don't see a reason to be fearful
Just wanted some info from guys that had accusations of charges before, I'll just go over myself and see what happens then post the story here lol
anti_rice
10-15-2012, 10:22 AM
you may get questioned coming back into canada as well because of your "criminal history" Worst case scenerio going into the US is they refuse you entry. However coming back into canada you might be subject to more vigirous searches and background checks.
snails
10-15-2012, 10:26 AM
reading all this brings up a question, having a modified car will obviously get attention, but can they really tear your car up? and im not talking just moving things but cut all your stuff up?
El Bastardo
10-15-2012, 11:17 AM
reading all this brings up a question, having a modified car will obviously get attention, but can they really tear your car up? and im not talking just moving things but cut all your stuff up?
My thread in the member's journal forum has people calling me a ricer, plus I hear people whispering it behind my back at the threads so I'm pretty qualified to tell you I'm speaking from experience here:
They won't slice your seats open and crack interior panels in half. They won't pry back your dash board.
I've had my car inspected a few times but aside from my contents of my boot being shuffled around, no problems. I'm usually inside for the inspections but I've seen them walking around with that dog of theirs so they likely ran the dog through looking for drugs too.
The only problem I've had was years ago when I had my CRX and they left my bottle of glass cleaner open (apparently being transparent isn't good enough. they needed to truly inspect it) and it spilled all over my boot when I drove away.
Now this is talking about the Canadian and US border crossings local to the 604 area code. If you're crossing from Mexico into Canada, its another story :derp:
bballguy
10-15-2012, 11:27 AM
If you're crossing from Mexico into Canada, its another story :derp:
wat
If you're crossing from Mexico into Canada, its another story :derp:
http://i.imgur.com/aLzH3.gif
El Bastardo
10-15-2012, 02:23 PM
wat
I've done the crossing from Tijuana to San Diego and from Juarez to El Paso which were pretty standard (I guess).
They ran the dog around my car, knocked on my exterior body panels, kept me in the car while they tossed around in the hatch. They even had this handheld device they held against my windshield while pointed at my dash. I can only assume its a heat sensor to check for extra passengers. (http://msgboard.snopes.com/photos/automobiles/graphics/dashboard2.jpg)
I was once in the Tijuana/San Diego border lineup for almost two hours in the summer heat and no AC. By the time I got to the border I was soaked in sweat and looked like I had jumped into a pool wearing my clothes.
The border crossing between Acuna and Del Rio is another story.
For those of you who don't know about the Texas/Mexico border crossing, its along the Rio Grande. The river serves as a natural land border which means you have to cross a bridge to get to the other side. (This is where the name "Wetback" comes from. If you're crossing the river to immigrate illegally, your back gets wet) but I digress.
The bridge has a toll. You pay it going into Mexico and you pay it going back. (Ever seen No Country for Old Men? The bridge that Josh Brolin crosses into Mexico is that crossing). After spending time in Acuna I had to pay the toll to get back into the USA. I don't carry cash so I had to give up a pair of my sunglasses to pay the guy to let me cross.
I get to the border and this is pretty late at night. Probably around 1. The border guard on the USA side pulls me into the building for an 'inspection' and they toss my car. They're taking my back seat out, they're putting lights and what i assume to be are those flexible plumbing cameras behind my body panels. They're under my hood inspecting my fluids to see if I have anything stashed in there. I thought they saw that I had to bribe the bridge toll taker to get back and was wondering if I was some sort of shady character.
I was in the office for almost two hours. It was this sweaty little lobby drenched in the August humidity of a hot Texas night. The border guard watching me was indifferent to the temperature but I probably looked suspicious as all hell sweating like a whore in church. I blame it on the fact that as a Canadian I'm not acclimated to that kind of climate. I didn't have anything to hide but I probably looked extremely suspicious.
The guy then called me up to sign a book. It was like a hotel guest book but it was full of people from all over the world. Dates, times, countries of origin were all listed. Apparently anybody who crosses at that particular sleepy little border has to be cataloged if they're not a citizen of the USA or Mexico which I found odd, but at 3am and with a car jumbled all to hell (with my rear seat sitting in my folded down passenger seat) I wasn't going to argue. I just wanted to sleep. I just drove away, worn out by the process. In retrospect, the border guards were probably just bored and curious as to what kind of person from Canada would cross from Mexico into the USA at 1am on a Wednesday.
Seriously, some border crossings just aren't worth it folks. Don't bother going to see Acuna.
ruthless
10-15-2012, 02:27 PM
you may get questioned coming back into canada as well because of your "criminal history" Worst case scenerio going into the US is they refuse you entry. However coming back into canada you might be subject to more vigirous searches and background checks.
You may get questioned coming back into Canada but they cannot deny you entry since you are a citizen. You may be examined further due to the criminal charges (trafficking or w.e.). The more vigorous searches would be going into the U.S.
I wasn't sure to make a new thread or ask it here
I've been accused for 3 criminal charges throughout my life, 2 as a youth and 1 as an adult. All three have been dropped before they even made it to the PTA. The last one however was a Trafficking charge. I don't have any criminal charges but I'm pretty sure my "accusations" would encourage the border patrol to harass me. I'm getting my license back soon and will be making trips to the states for gas pretty often. I know it's best for me to go over there and see what happens. But I'm kind of curious to see what information I can get beforehand about crossing, has anyone been in a similar situation?
When they tear your car apart, they carefully take everything apart and don't damage anything correct? Are we allowed to record them incase they damage something? How severe is the harassment? (Am I going to get questioned for 5 hours to see if I have any drugs.) I'm not fimiliar with border patrol at all if someone can fill me in. Thanks
Going into the U.S. have some sort of official paperwork from the court or w.e. stating that you had the charges dropped. It should show them that you were not prosecuted.
When they tear the car apart they will not try to purposely break anything but if they do call them out on it and they should replace it for you(give you a form to fill out for reimbursement). Just check before you leave. Also if they have any suspicion they can and will tear your car apart, and I mean take off the fenders and everything. Also it is up to you to put everything back together.
You cannot record them (American or Canadian) as you will not be allowed to watch them while you are searching. The U.S. CBP is stricter then the CBSA, and honestly you may get questioned for some time, maybe a couple of hours. If they do decide you to send you inside for further examination just be polite and honest and it shouldn't be difficult, it may take some time, but if you start acting out in any way, it will take much longer.
reading all this brings up a question, having a modified car will obviously get attention, but can they really tear your car up? and im not talking just moving things but cut all your stuff up?
they can, but they better have some solid proof before they start taking off the body panels and such.
InvisibleSoul
10-15-2012, 03:33 PM
They won't slice your seats open and crack interior panels in half. They won't pry back your dash board.
Yes, they might.
I know of someone that got a rear panel slashed by the border agents, and he had nothing. It was the leather panel behind the middle armrest of the backseat. Long slash probably 15cm long.
InvisibleSoul
10-15-2012, 03:38 PM
I wasn't sure to make a new thread or ask it here
I've been accused for 3 criminal charges throughout my life, 2 as a youth and 1 as an adult. All three have been dropped before they even made it to the PTA. The last one however was a Trafficking charge. I don't have any criminal charges but I'm pretty sure my "accusations" would encourage the border patrol to harass me. I'm getting my license back soon and will be making trips to the states for gas pretty often. I know it's best for me to go over there and see what happens. But I'm kind of curious to see what information I can get beforehand about crossing, has anyone been in a similar situation?
When they tear your car apart, they carefully take everything apart and don't damage anything correct? Are we allowed to record them incase they damage something? How severe is the harassment? (Am I going to get questioned for 5 hours to see if I have any drugs.) I'm not fimiliar with border patrol at all if someone can fill me in. Thanks
Let's get your terms in order, so that you don't fumble your words when you get questioned.
Arrested - Being detained by an officer
Charged - Actually having charges laid against you
Convicted - Actually being convicted of a charge
So were you charged with trafficking, but not convicted? Or were you just arrested, but got let off without being charged?
If you were not charged, almost for sure the US border agent will not have a record of the incident.
If you were charged, not sure whether they have a record of it.
If you were convicted, then you're probably not getting through the border.
snails
10-15-2012, 03:43 PM
Yes, they might.
I know of someone that got a rear panel slashed by the border agents, and he had nothing. It was the leather panel behind the middle armrest of the backseat. Long slash probably 15cm long.
im just going to keep tools in my car, if they ask to tear apart i will offer to just take everything apart so they can see :badpokerface:
ruthless
10-15-2012, 05:35 PM
im just going to keep tools in my car, if they ask to tear apart i will offer to just take everything apart so they can see :badpokerface:
lol you will be sitting inside the office while they go through your car, you are not even allowed to stand by and watch...good luck trying to dismantle your car yourself....not gonna happen...maybe drive a stripped out car?
:nyan:
seakrait
10-15-2012, 08:50 PM
Let's get your terms in order, so that you don't fumble your words when you get questioned.
Arrested - Being detained by an officer
Charged - Actually having charges laid against you
Convicted - Actually being convicted of a charge
So were you charged with trafficking, but not convicted? Or were you just arrested, but got let off without being charged?
If you were not charged, almost for sure the US border agent will not have a record of the incident.
If you were charged, not sure whether they have a record of it.
If you were convicted, then you're probably not getting through the border.
QFT. Though sometimes I hear stories of people wondering how USA CBP know information about them that isn't charges and convictions. There must be some information sharing agreement into the local police database (PRIME) that isn't very publicized. So don't be surprised if they do bring up that Trafficking file (assuming that the file as from here and not from out East or something).
And, of course, be honest with them but only volunteer information that they have asked for. You have no control over your information once the US government gets a hold of it. And you know they take their border security pretty seriously.
I would make an Freedom of Information request (or an Access To Information and Privacy request if your files are with an RCMP detachment) for copies of your files for your records as well as any court documents that detail the current status of your court files (if any).
bartone
10-15-2012, 09:28 PM
I believe if you are convicted, you will be turned away and probably detained for a while as they search you. especially for a trafficking charge.
:nyan:
Thanks given for avatar.
hal0g0dv2
10-18-2012, 09:33 PM
hey just a quick question
how strict are they if you are driving over someone's car that is not yours like a family friends and they are not in the car but they lent you the car.
maybe a noob question but thanks
smaggs
10-18-2012, 09:52 PM
hey just a quick question
how strict are they if you are driving over someone's car that is not yours like a family friends and they are not in the car but they lent you the car.
maybe a noob question but thanks
I've done it before, but the owner of the car was driving another of his cars behind us.
Going south, they asked us who's it is and we said the guy behind us and they just asked why we were driving it...they weren't really that bothered. Coming north they didn't ask if it was my car so I'm not sure what they would have done.
ruthless
10-18-2012, 10:11 PM
hey just a quick question
how strict are they if you are driving over someone's car that is not yours like a family friends and they are not in the car but they lent you the car.
maybe a noob question but thanks
They are not strict per say but be prepared to get questioned. My cousin drove his brothers car across and he was questioned for a few hours since he didn't have a letter stating he could, and his brothers family was on a plane headed to Seattle so no way for them to contact him.
Ensure you have a letter from the registered owner which shows that you have permission to drive the car and has the contact information on it. Also tell the owner to be prepared for a phone call.
Volvo-brickster
10-18-2012, 10:31 PM
maybe drive a stripped out car?
:nyan:
Yea I did that once...crossed with half my car stripped down.
They searched it anyways. Made it easier for half of the car at least lol :fullofwin:
El Bastardo
10-18-2012, 11:01 PM
I drove through on a stripped out car on the 4th. They still checked me out too.
knight604
10-18-2012, 11:30 PM
those cbsa stereotype so hard
mafiakid
10-21-2012, 02:07 AM
Hey everyone, I'm super new to this website don't know if i'm posting this in the right place and what not; but i have a very IMPORTANT QUESTION to ask you guys.So... About the summertime of last year, i went to the states for a huge convention my business was hosting, and it took awhile while i got across the border :s. So when I was up to talk to the border crossing guard, the guard asked me all the normal questions and i stumbled on the one "why are you going to the states?". I started off saying that i'm going for a convention that my company is hosting and so on. AND THEN, LONG STORY SHORT, for some reason, i said that "i was getting paid while I was the convention" (FOR NO REASON I LIED TO THEM). It wasn't too long before he told me that "i wasn't allow to do that (get paid in the states). After a 2 hr waiting and questioning they let me go on to the convention. Although I admitted that it was all my fault I'm just super worried about my future situations when I have to cross the us-canada border.
NOW, its been just over a year and I have yet to go back to the states because i'm scared that they will give me a hard time. I was contemplating If I should just try crossing the border by myself to see if they will give me a hard time or not OR if i should just wait until the next i go with my friends and see if I get into a hard time then???
Do you guys have any suggestions what I should do???
what you should say next time if it comes up again. Your getting paid by your employer in Canada to attend the convention in the usa.
Happy
10-23-2012, 10:59 AM
Let's get your terms in order, so that you don't fumble your words when you get questioned.
Arrested - Being detained by an officer
Charged - Actually having charges laid against you
Convicted - Actually being convicted of a charge
So were you charged with trafficking, but not convicted? Or were you just arrested, but got let off without being charged?
If you were not charged, almost for sure the US border agent will not have a record of the incident.
If you were charged, not sure whether they have a record of it.
If you were convicted, then you're probably not getting through the border.
When I meant "accused" I meant accused for trafficking, so I was arrested, then charged, then police dropped the charges and I got everything they took back (phone, money, etc)
just like my youth charges, I got arrested, charged, then dropped twice. That was awhile ago so I'm pretty sure it's not in the system.
Not sure if the trafficking charge is the system, either way doesn't really matter to me since I'm not convicted for anything
ruthless answered most my question, I'm going head over there this weekend to fill up, I'll post what happens
thanks for the answers guys
SumAznGuy
10-23-2012, 06:46 PM
If you were arrested but never charged, your name is entered into CPIC (http://en.wikipedia.org/wiki/Canadian_Police_Information_Centre)
If you were charged, your name is file is entered into Justin. It doesn't matter if you were found guilty, not guilty, or charges were dropped.
Yes, the US Homeland security does have access to CPIC and Justin but whether or not they are able to use these systems is another story.
Happy, when you try to enter the US and the border guard ask you if you have been arrested before, you have 2 choices. Tell the truth and say yes and you will be sent in for secondary interview. Or lie and say no and hope the guard doesn't run your name in the system. If you lie and get caught, you can be in a whole heap of trouble for lying.
If you told the truth, you will be sent in for secondary interview and they will ask you lots of questions about what happened. From there, you may or may not be allowed into the US. If you are not allowed into the US, then you will be flagged in their system and will require a lot of work to be allowed back into the US.
It is in your best interest to go back to the court house that you were charged at and ask them for the details from your file. With it, the officers at the border can review the info before deciding if you are allowed into the US or not.
If you are denied entry into the US, you will have to apply for the i192 waiver (http://www.cbp.gov/xp/cgov/travel/id_visa/indamiss_can_info.xml) before trying to enter the US again.
InvisibleSoul
10-24-2012, 08:19 AM
Are you 100% certain that just being arrested will get you on CPIC, and that the US border guards have access to that information?
I mean, what if it was a completely baseless arrest or arresting the wrong individual?
SumAznGuy
10-24-2012, 08:26 AM
Are you 100% certain that just being arrested will get you on CPIC, and that the US border guards have access to that information?
I mean, what if it was a completely baseless arrest or arresting the wrong individual?
Yes, I am positive. :okay:
Once you are in CPIC, you are "known" to the police.
InvisibleSoul
10-24-2012, 08:37 AM
Yes, I am positive. :okay:
Once you are in CPIC, you are "known" to the police.
But is every single arrest recorded in CPIC, or is it under the discretion of the officer to actually enter the information in?
SumAznGuy
10-24-2012, 09:49 AM
But is every single arrest recorded in CPIC, or is it under the discretion of the officer to actually enter the information in?
They are supposed to enter every arrest into CPIC since CPIC is shared across Canada.
k00laid
10-24-2012, 11:59 AM
what about juvenile records? or voluntary arrest aka turning yourself in
I don't get it. Why don't you guys just cross the border and find out? Only CBSA agents are qualified to answer your questions, and anything said here is just conjecture.
If you aren't smuggling anything and declare it all, you have nothing to worry about if they search you. If you find out that they're searching you all the time, then you have one of two options:
1. Suck it up
2. Don't go to the states
And yes the agents do stereotype. If you look, dress, and talk like a punk, you better bring some lube because they're going to search every hole in your body for drugs.
If you dress respectably and are polite, most of the time they just ask you two questions and wave you through. I have never ever been asked whether I've been arrested. So if you're being asked those questions, you may have to review your dress attire and attitude.
seakrait
10-24-2012, 08:11 PM
Yes, I am positive. :okay:
Once you are in CPIC, you are "known" to the police.
no. CPIC is mostly charges, convictions, warrants, conditions, etc. IIRC.
the wiki entry is correct: Canadian Police Information Centre - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Canadian_Police_Information_Centre)
it does NOT contain arrests (eg: you were arrested but not charged).
see also: http://www.thestar.com/specialsections/crime/article/460749--how-cpic-works
JUSTIN, for those of you that don't know, is our court database section. information accessible there would be charged individuals, type of offences, court file numbers, police file numbers, appearances and reasons, results and sentencing, and any ban details.
More information is stored in local police databases like PRIME. obviously the above in addition to arrests, street checks, tickets, etc. as well as non-adverse role codes (like being a victim, complainant, witness, etc).
what about juvenile records? or voluntary arrest aka turning yourself in
youth records are held under the youth criminal justice act. if you were sent to youth court for a crime and you repeat that same crime within a stated period of time into your adulthood, your sealed record (note i say sealed, not purged - nothing is EVER purged really - the difference is the access period of your record) would be opened up as if you had been an adult.
as for a voluntary arrest, i'm not quite sure what difference that makes. it's whether or not you were charged.
as an aside, sometimes it's good to be charged because there is the records suspension process (previously known as "pardons") that can, if you're successful, sweep your record under the carpet during a police information check (a record check for employment, etc). if you're just arrested and the police just keep you on as a suspect on their database for that assault, that could make your life miserable down the road when it comes to those police information checks that every employer seems to want their potential employees to do as there is no way to "hide" that record like a record suspension can were you charged. also, note the name change of the process - from "pardon" to "record suspension" - read into that how you may.
When I meant "accused" I meant accused for trafficking, so I was arrested, then charged, then police dropped the charges and I got everything they took back (phone, money, etc)
just like my youth charges, I got arrested, charged, then dropped twice. That was awhile ago so I'm pretty sure it's not in the system.
Not sure if the trafficking charge is the system, either way doesn't really matter to me since I'm not convicted for anything
ruthless answered most my question, I'm going head over there this weekend to fill up, I'll post what happens
thanks for the answers guys
which brings me to the OP. the trafficking charge is probably on CPIC under Level II access. US customs would have access to CPIC via NCIC. your youth records, depending on what the youth charges were for, might or might not be open. If you were charged for trafficking as a youth twice and then charged as an adult for trafficking, all three charges might be open for access.
And remember, the record suspension process only applies in Canada. If the US government gets that information before you have that record removed from CPIC, they'll have that information and will probably keep it forever even if you do eventually get a record suspension.
jasonturbo
10-25-2012, 10:42 AM
I would just like to chime in and say the following with regards to youth records...
I had a mixed up youth (who didn't lol).. if I'm not mistaken you basically need a three year period with no convictions in order to have your record "sealed".. though I could swear the writing in the youth criminal justice act said "sealed and destroyed".
By three year period what I mean is this; say you got arrested xx crime and were sentenced to 1 year in jail followed by one year of probation and 5000$ in fines. The three year period starts after you have met all of the conditions of your sentence, so until you do your time, complete probation, and pay fine.. the clock does not start ticking down. Once you have met all of the conditions, if you can make it three years without being convicted of an offense, the youth criminal act states that your youth record will be sealed - and as I said above.. destroyed if I'm not mistaken. Even if they don't destroy it, they can never actually use it against you in a court of law if you met the conditions I listed above. (Again.. if I'm not mistaken)
Now having said all that, even after my childhood issues ended and I transitioned into adulthood, I certainly fell into the "known to police" category due to some of the people I surrounded myself with. On one occasions I was even casually questioned over the phone and the police requested that I provide a statement - I never did provide a statement. I believe the police were after something and simply hoping I was stupid enough to give them the answers they couldn't figure out themselves.
Fast forward to me crossing the border, I have crossed dozens of times and never had a single issue. Note that I was never charged as an adult, never convicted, and did meet the three year "good behavior" requirement to have my record sealed.
Oddly though, just about every time I have ever crossed the border.. thay ask me if I have ever been to Portland.. There must be some psycho from Portland with the same name as me...
To add another twist to this, in 2007 I was driving a freshly purchased STI back from LA and got arrested for dangerous driving in NORCAL. After a couple hours I was released on a promise to appear, drove non stop to WA and only a few minutes from the my rest stop, I got a gnarly speeding ticket worth 500$ - rough day. I did get a lawyer for the Cali case, guilty plea deal w/ a big fine took care of that, the WA ticket I didin't pay until 2011. Neither of these instances created any border issues for me :)
Psykopathik
10-25-2012, 12:24 PM
use the code words "Praise Allah" after each sentence.
you'll get through no problem, they will even escort you.
SumAznGuy
10-25-2012, 01:41 PM
if I'm not mistaken you basically need a three year period with no convictions in order to have your record "sealed".. though I could swear the writing in the youth criminal justice act said "sealed and destroyed".
They recently changed it to 5 years for adults with conditional discharges. Not sure if the same 5 years applies to youth.
no. CPIC is mostly charges, convictions, warrants, conditions, etc. IIRC.
the wiki entry is correct: Canadian Police Information Centre - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Canadian_Police_Information_Centre)
it does NOT contain arrests (eg: you were arrested but not charged).
see also: How CPIC works - thestar.com (http://www.thestar.com/specialsections/crime/article/460749--how-cpic-works)
JUSTIN, for those of you that don't know, is our court database section. information accessible there would be charged individuals, type of offences, court file numbers, police file numbers, appearances and reasons, results and sentencing, and any ban details.
More information is stored in local police databases like PRIME. obviously the above in addition to arrests, street checks, tickets, etc. as well as non-adverse role codes (like being a victim, complainant, witness, etc).
Good to know. I know CPIC is private and not open to the public, but was told by many people in the court houses that it was. Maybe they mistook PRIME with CPIC.
JUSTIN is open to the public. There are public terminals at the court houses where people can look things up. They use to have huge binders with computer print outs of the names and file numbers.
seakrait
10-26-2012, 10:05 AM
They recently changed it to 5 years for adults with conditional discharges. Not sure if the same 5 years applies to youth.
sections 119 to 125+ of the YCJA lays out who may access your youth information and what the access periods are.
CanLII - Youth Criminal Justice Act, SC 2002, c 1 (http://www.canlii.org/en/ca/laws/stat/sc-2002-c-1/latest/sc-2002-c-1.html)
Persons having access to records
119. (1) Subject to subsections (4) to (6), from the date that a record is created until the end of the applicable period set out in subsection (2), the following persons, on request, shall be given access to a record kept under section 114, and may be given access to a record kept under sections 115 and 116:
(a) the young person to whom the record relates;
(b) the young person’s counsel, or any representative of that counsel;
(c) the Attorney General;
(d) the victim of the offence or alleged offence to which the record relates;
(e) the parents of the young person, during the course of any proceedings relating to the offence or alleged offence to which the record relates or during the term of any youth sentence made in respect of the offence;
(f) any adult assisting the young person under subsection 25(7), during the course of any proceedings relating to the offence or alleged offence to which the record relates or during the term of any youth sentence made in respect of the offence;
(g) any peace officer for
(i) law enforcement purposes, or
(ii) any purpose related to the administration of the case to which the record relates, during the course of proceedings against the young person or the term of the youth sentence;
(h) a judge, court or review board, for any purpose relating to proceedings against the young person, or proceedings against the person after he or she becomes an adult, in respect of offences committed or alleged to have been committed by that person;
(i) the provincial director, or the director of the provincial correctional facility for adults or the penitentiary at which the young person is serving a sentence;
(j) a person participating in a conference or in the administration of extrajudicial measures, if required for the administration of the case to which the record relates;
(k) a person acting as ombudsman, privacy commissioner or information commissioner, whatever his or her official designation might be, who in the course of his or her duties under an Act of Parliament or the legislature of a province is investigating a complaint to which the record relates;
(l) a coroner or a person acting as a child advocate, whatever his or her official designation might be, who is acting in the course of his or her duties under an Act of Parliament or the legislature of a province;
(m) a person acting under the Firearms Act;
(n) a member of a department or agency of a government in Canada, or of an organization that is an agent of, or under contract with, the department or agency, who is
(i) acting in the exercise of his or her duties under this Act,
(ii) engaged in the supervision or care of the young person, whether as a young person or an adult, or in an investigation related to the young person under an Act of the legislature of a province respecting child welfare,
(iii) considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person, whether as a young person or an adult,
(iv) administering a prohibition order made under an Act of Parliament or the legislature of a province, or
(v) administering a youth sentence, if the young person has been committed to custody and is serving the custody in a provincial correctional facility for adults or a penitentiary;
(o) a person, for the purpose of carrying out a criminal record check required by the Government of Canada or the government of a province or a municipality for purposes of employment or the performance of services, with or without remuneration;
(p) an employee or agent of the Government of Canada, for statistical purposes under the Statistics Act;
(q) an accused or his or her counsel who swears an affidavit to the effect that access to the record is necessary to make a full answer and defence;
(r) a person or a member of a class of persons designated by order of the Governor in Council, or the lieutenant governor in council of the appropriate province, for a purpose and to the extent specified in the order; and
(s) any person or member of a class of persons that a youth justice court judge considers has a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that access to the record is
(i) desirable in the public interest for research or statistical purposes, or
(ii) desirable in the interest of the proper administration of justice.
Period of access
(2) The period of access referred to in subsection (1) is
(a) if an extrajudicial sanction is used to deal with the young person, the period ending two years after the young person consents to be subject to the sanction in accordance with paragraph 10(2)(c);
(b) if the young person is acquitted of the offence otherwise than by reason of a verdict of not criminally responsible on account of mental disorder, the period ending two months after the expiry of the time allowed for the taking of an appeal or, if an appeal is taken, the period ending three months after all proceedings in respect of the appeal have been completed;
(c) if the charge against the young person is dismissed for any reason other than acquittal, the charge is withdrawn, or the young person is found guilty of the offence and a reprimand is given, the period ending two months after the dismissal, withdrawal, or finding of guilt;
(d) if the charge against the young person is stayed, with no proceedings being taken against the young person for a period of one year, at the end of that period;
(e) if the young person is found guilty of the offence and the youth sentence is an absolute discharge, the period ending one year after the young person is found guilty;
(f) if the young person is found guilty of the offence and the youth sentence is a conditional discharge, the period ending three years after the young person is found guilty;
(g) subject to paragraphs (i) and (j) and subsection (9), if the young person is found guilty of the offence and it is a summary conviction offence, the period ending three years after the youth sentence imposed in respect of the offence has been completed;
(h) subject to paragraphs (i) and (j) and subsection (9), if the young person is found guilty of the offence and it is an indictable offence, the period ending five years after the youth sentence imposed in respect of the offence has been completed;
(i) subject to subsection (9), if, during the period calculated in accordance with paragraph (g) or (h), the young person is found guilty of an offence punishable on summary conviction committed when he or she was a young person, the latest of
(i) the period calculated in accordance with paragraph (g) or (h), as the case may be, and
(ii) the period ending three years after the youth sentence imposed for that offence has been completed; and
(j) subject to subsection (9), if, during the period calculated in accordance with paragraph (g) or (h), the young person is found guilty of an indictable offence committed when he or she was a young person, the period ending five years after the sentence imposed for that indictable offence has been completed.
Prohibition orders not included
(3) Prohibition orders made under an Act of Parliament or the legislature of a province, including any order made under section 51, shall not be taken into account in determining any period referred to in subsection (2).
Extrajudicial measures
(4) Access to a record kept under section 115 or 116 in respect of extrajudicial measures, other than extrajudicial sanctions, used in respect of a young person shall be given only to the following persons for the following purposes:
(a) a peace officer or the Attorney General, in order to make a decision whether to again use extrajudicial measures in respect of the young person;
(b) a person participating in a conference, in order to decide on the appropriate extrajudicial measure;
(c) a peace officer, the Attorney General or a person participating in a conference, if access is required for the administration of the case to which the record relates; and
(d) a peace officer for the purpose of investigating an offence.
Exception
(5) When a youth justice court has withheld all or part of a report from any person under subsection 34(9) or (10) (nondisclosure of medical or psychological report) or 40(7) (nondisclosure of pre-sentence report), that person shall not be given access under subsection (1) to that report or part.
Records of assessments or forensic DNA analysis
(6) Access to a report made under section 34 (medical and psychological reports) or a record of the results of forensic DNA analysis of a bodily substance taken from a young person in execution of a warrant issued under section 487.05 of the Criminal Code may be given only under paragraphs (1)(a) to (c), (e) to (h) and (q) and subparagraph (1)(s)(ii).
Introduction into evidence
(7) Nothing in paragraph (1)(h) or (q) authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence.
Disclosures for research or statistical purposes
(8) When access to a record is given to a person under paragraph (1)(p) or subparagraph (1)(s)(i), the person may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates.
Application of usual rules
(9) If, during the period of access to a record under any of paragraphs (2)(g) to (j), the young person is convicted of an offence committed when he or she is an adult,
(a) section 82 (effect of absolute discharge or termination of youth sentence) does not apply to the young person in respect of the offence for which the record is kept under sections 114 to 116;
(b) this Part no longer applies to the record and the record shall be dealt with as a record of an adult; and
(c) for the purposes of the Criminal Records Act, the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction.
Records of offences that result in a prohibition order
(10) Despite anything in this Act, when a young person is found guilty of an offence that results in a prohibition order being made, and the order is still in force at the end of the applicable period for which access to a record kept in respect of the order may be given under subsection (2),
(a) the record kept by the Royal Canadian Mounted Police pursuant to subsection 115(3) may be disclosed only to establish the existence of the order for purposes of law enforcement; and
(b) the record referred to in section 114 that is kept by the youth justice court may be disclosed only to establish the existence of the order in any offence involving a breach of the order.
2002, c. 1, s. 119; 2012, c. 1, s. 157.
Access to R.C.M.P. records
120. (1) The following persons may, during the period set out in subsection (3), be given access to a record kept under subsection 115(3) in respect of an offence set out in the schedule:
(a) the young person to whom the record relates;
(b) the young person’s counsel, or any representative of that counsel;
(c) an employee or agent of the Government of Canada, for statistical purposes under the Statistics Act;
(d) any person or member of a class of persons that a youth justice court judge considers has a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that access is desirable in the public interest for research or statistical purposes;
(e) the Attorney General or a peace officer, when the young person is or has been charged with another offence set out in the schedule or the same offence more than once, for the purpose of investigating any offence that the young person is suspected of having committed, or in respect of which the young person has been arrested or charged, whether as a young person or as an adult;
(f) the Attorney General or a peace officer to establish the existence of an order in any offence involving a breach of the order; and
(g) any person for the purposes of the Firearms Act.
Access for identification purposes
(2) During the period set out in subsection (3), access to the portion of a record kept under subsection 115(3) that contains the name, date of birth and last known address of the young person to whom the fingerprints belong, may be given to a person for identification purposes if a fingerprint identified as that of the young person is found during the investigation of an offence or during an attempt to identify a deceased person or a person suffering from amnesia.
Period of access
(3) For the purposes of subsections (1) and (2), the period of access to a record kept under subsection 115(3) in respect of an offence is the following:
(a) if the offence is an indictable offence, other than a presumptive offence, the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and ending five years later; and
(b) if the offence is an offence set out in paragraph (a) of the definition “presumptive offence” in subsection 2(1) or an offence set out in paragraph (b) of that definition for which the Attorney General has given notice under subsection 64(2) (intention to seek adult sentence), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and continuing indefinitely.
Subsequent offences as young person
(4) If a young person was found guilty of an offence set out in the schedule is, during the period of access to a record under subsection (3), found guilty of an additional offence set out in the schedule, committed when he or she was a young person, access to the record may be given to the following additional persons:
(a) a parent of the young person or any adult assisting the young person under subsection 25(7);
(b) a judge, court or review board, for a purpose relating to proceedings against the young person under this Act or any other Act of Parliament in respect of offences committed or alleged to have been committed by the young person, whether as a young person or as an adult; or
(c) a member of a department or agency of a government in Canada, or of an organization that is an agent of, or is under contract with, the department or agency, who is
(i) preparing a report in respect of the young person under this Act or for the purpose of assisting a court in sentencing the young person after the young person becomes an adult,
(ii) engaged in the supervision or care of the young person, whether as a young person or as an adult, or in the administration of a sentence in respect of the young person, whether as a young person or as an adult, or
(iii) considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person after the young person becomes an adult.
Disclosure for research or statistical purposes
(5) A person who is given access to a record under paragraph (1)(c) or (d) may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates.
Subsequent offences as adult
(6) If, during the period of access to a record under subsection (3), the young person is convicted of an additional offence set out in the schedule, committed when he or she was an adult,
(a) this Part no longer applies to the record and the record shall be dealt with as a record of an adult and may be included on the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police; and
(b) for the purposes of the Criminal Records Act, the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction.
2002, c. 1, s. 120; 2012, c. 1, s. 158.
Deemed election
121. For the purposes of sections 119 and 120, if no election is made in respect of an offence that may be prosecuted by indictment or proceeded with by way of summary conviction, the Attorney General is deemed to have elected to proceed with the offence as an offence punishable on summary conviction.
Disclosure of information and copies of record
122. A person who is required or authorized to be given access to a record under section 119, 120, 123 or 124 may be given any information contained in the record and may be given a copy of any part of the record.
Where records may be made available
123. (1) A youth justice court judge may, on application by a person after the end of the applicable period set out in subsection 119(2), order that the person be given access to all or part of a record kept under sections 114 to 116 or that a copy of the record or part be given to that person,
(a) if the youth justice court judge is satisfied that
(i) the person has a valid and substantial interest in the record or part,
(ii) it is necessary for access to be given to the record or part in the interest of the proper administration of justice, and
(iii) disclosure of the record or part or the information in it is not prohibited under any other Act of Parliament or the legislature of a province; or
(b) if the youth court judge is satisfied that access to the record or part is desirable in the public interest for research or statistical purposes.
Restriction for paragraph (1)(a)
(2) Paragraph (1)(a) applies in respect of a record relating to a particular young person or to a record relating to a class of young persons only if the identity of young persons in the class at the time of the making of the application referred to in that paragraph cannot reasonably be ascertained and the disclosure of the record is necessary for the purpose of investigating any offence that a person is suspected on reasonable grounds of having committed against a young person while the young person is, or was, serving a sentence.
Notice
(3) Subject to subsection (4), an application for an order under paragraph (1)(a) in respect of a record shall not be heard unless the person who makes the application has given the young person to whom the record relates and the person or body that has possession of the record at least five days notice in writing of the application, and the young person and the person or body that has possession have had a reasonable opportunity to be heard.
Where notice not required
(4) A youth justice court judge may waive the requirement in subsection (3) to give notice to a young person when the judge is of the opinion that
(a) to insist on the giving of the notice would frustrate the application; or
(b) reasonable efforts have not been successful in finding the young person.
Use of record
(5) In any order under subsection (1), the youth justice court judge shall set out the purposes for which the record may be used.
Disclosure for research or statistical purposes
(6) When access to a record is given to any person under paragraph (1)(b), that person may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates.
Access to record by young person
124. A young person to whom a record relates and his or her counsel may have access to the record at any time.
Disclosure of Information in a Record
Disclosure by peace officer during investigation
125. (1) A peace officer may disclose to any person any information in a record kept under section 114 (court records) or 115 (police records) that it is necessary to disclose in the conduct of the investigation of an offence.
Disclosure by Attorney General
(2) The Attorney General may, in the course of a proceeding under this Act or any other Act of Parliament, disclose the following information in a record kept under section 114 (court reports) or 115 (police records):
(a) to a person who is a co-accused with the young person in respect of the offence for which the record is kept, any information contained in the record; and
(b) to an accused in a proceeding, if the record is in respect of a witness in the proceeding, information that identifies the witness as a young person who has been dealt with under this Act.
Information that may be disclosed to a foreign state
(3) The Attorney General or a peace officer may disclose to the Minister of Justice of Canada information in a record that is kept under section 114 (court records) or 115 (police records) to the extent that it is necessary to deal with a request to or by a foreign state under the Mutual Legal Assistance in Criminal Matters Act, or for the purposes of any extradition matter under the Extradition Act. The Minister of Justice of Canada may disclose the information to the foreign state in respect of which the request was made, or to which the extradition matter relates, as the case may be.
Disclosure to insurance company
(4) A peace officer may disclose to an insurance company information in a record that is kept under section 114 (court records) or 115 (police records) for the purpose of investigating a claim arising out of an offence committed or alleged to have been committed by the young person to whom the record relates.
Preparation of reports
(5) The provincial director or a youth worker may disclose information contained in a record if the disclosure is necessary for procuring information that relates to the preparation of a report required by this Act.
Schools and others
(6) The provincial director, a youth worker, the Attorney General, a peace officer or any other person engaged in the provision of services to young persons may disclose to any professional or other person engaged in the supervision or care of a young person — including a representative of any school board or school or any other educational or training institution — any information contained in a record kept under sections 114 to 116 if the disclosure is necessary
(a) to ensure compliance by the young person with an authorization under section 91 or an order of the youth justice court;
(b) to ensure the safety of staff, students or other persons; or
(c) to facilitate the rehabilitation of the young person.
Information to be kept separate
(7) A person to whom information is disclosed under subsection (6) shall
(a) keep the information separate from any other record of the young person to whom the information relates;
(b) ensure that no other person has access to the information except if authorized under this Act, or if necessary for the purposes of subsection (6); and
(c) destroy their copy of the record when the information is no longer required for the purpose for which it was disclosed.
Time limit
(8) No information may be disclosed under this section after the end of the applicable period set out in subsection 119(2) (period of access to records).
Good to know. I know CPIC is private and not open to the public, but was told by many people in the court houses that it was. Maybe they mistook PRIME with CPIC.
JUSTIN is open to the public. There are public terminals at the court houses where people can look things up. They use to have huge binders with computer print outs of the names and file numbers.
both PRIME and CPIC are not publicly accessible. however, like i mentioned in a previous post, you may make an FOI or ATIP request to each and every municipal police department and RCMP detachment you've ever had contact with to get 'all' the information on PRIME they have on you. obviously if you're a suspect in an ongoing investigation or if you're linked with organized crime, etc, you won't get all that sensitive information.
as for JUSTIN, there are obviously different levels of access. the public access you have at the courthouse gets you less information than the access police have. you'd get name, year of birth, charge, appearances, plea, verdict, and sentences.
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