Truck Topics

Setting The Record Straight

An owner-operator recently changed expedited carriers and it was discovered in his background check that he had a criminal conviction from 1972. The original charge was DUI, but this had been downgraded to a charge of reckless driving.
 
No matter, this almost thirty-year old infraction is still on the books, and because of it, he cannot legally enter Canada. Fortunately, his new company doesn't require it's contractors to take Canadian loads, but this  prohibition still has the potential to cost him revenue.
 
In another case,, a truck owner had "hired" a couple for his cargo van, and it was discovered that the husband had been convicted in an IRS fraud case a number of years before.
 
In this particular instance, the problem was not so much with the Canadian authorities or procedures, but rather with the expedited carrier itself.
 
The problems the couple experienced included poor communications with the carrier and the company's inability to correctly identify the supporting documents and procedures necessary to comply with the requirements to obtain the (at that time) Canadian "Minister's Permit."
 
Ultimately, the couple left the expediting business because they were unable to comply with the carrier's strict Canadian viability policies.
 
The wording of the Canadian prohibitions is quite specific:  "Persons who have been convicted of a criminal offense in any country may be Inadmissable to Canada as a result of their criminal record. Even persons who do not require a Visa to enter Canada may still be refused permission to enter Canada if they are Members of an Inadmissable Class."
 
"....and, Indictable Criminal Offences including assault with a deadly weapon, manslaughter, etc. Those who have been convicted of Driving While Intoxicated (DWI) are considered Members of an Inadmissible Class.
 
Pretty severe, eh?
 
The problems of those unfortunate brushes with the legal systems of both the US and Canada can pose problems for the professional driver and jeopardize his income.
 
But, there is good news.  Those past transgressions can be "forgiven," and with the help of a company that focuses on these, the driver can put those problems behind him.
 
In the past, immigration attorneys have been used to facilitate the application process. This method can be pricey, with some attorneys charging upwards of $1,500 in US funds for their services.
 
It should be noted that this area of law is somewhat specialized and that few attorneys focus on the issues of border crossings and it's
requirements.
 
One company that works in this area is Canada Border Crossing Services (formerly Pardon Services) of Winnipeg, Manitoba.  Company President Lucy Perillo holds a degree in Law Enforcement which gives her a solid understanding of cross border issues and protocol.
 
Now, after eleven years in business, approximately 70% of Canada Border Crossing Services business is transportation related. The company has worked closely with many carriers in the US, including Panther II Transportation, Tri-State Expedited, Inc., Con-Way Now, FedEx Custom Critical, US Express, Inc., JB Hunt Transportation and others.
 
"We are experienced in handling a variety of criminal offences," says Ms. Perillo, "and we possess the expertise in providing critical information necessary in order to facilitate the granting of  Temporary Resident Permit and Rehabilitation.
 
Sometimes, the "long arm of the law" also has a long memory, as Ms Perillo illustrates in this case history: "For those who think they no longer have a record or cannot find a copy of their record, this does not signify that you are allowed to cross the border."
 
"One Canadian driver had two convictions from 1963 that were no longer in the Canadian system, but when this driver attempted to cross into the U.S., it developed that the US Immigration service DID have copies of these convictions and refused his entry."
 
Ms. Perillo reports that this story did indeed have a happy ending when her company was able to secure  permission that allowed her client to enter the U.S.
 
Temporary Resident Permits
Any person living in the United States who possesses a criminal record and wishes to travel to Canada will need a Temporary Resident Permit. This is valid up to two years. One may also apply for a Rehabilitation. This document is a permanent approval, and allows hassle free border crossing into Canada.
 
The Canadian Government will look at each application individually. They will consider the following factors:
1) Nature of conviction
2) Date of last conviction
3) Sentencing
4) Reasons for travel
 
A Temporary Resident Permit may take up to 6 months for processing. 

Rehabilitation allows lifetime access into Canada. This document never needs to be renewed.  A Temporary Resident Permit and Rehabilitation does not permit one to work in Canada. These approvals allow visitation for a period determined by the admitting officer.
 
"Our company gathers pertinent information from the applicant and uses it to file the proper forms needed to acquire Pardons, U.S. Waivers, or  Temporary Resident Permits."
 
"Each process has certain criteria to fulfill, and the information required on the applications is extremely detailed. If mistakes are made in the preparation of the application, it can delay or even cause the application to be denied with a loss of the application fee. These fees can be in the area of hundreds of dollars."
 
Ms. Perillo tells of a recent case that illustrates the applicant's need to be exact in the application process: "One US driver began the Minister's Permit (now known as the Temporary Resident Permit) procedure over three years before contacting our company.  He attempted to apply repeatedly, but each time the application was incomplete and was rejected by the Canadian authorities."
 
"Canada Border Crossing Services ensures all the forms are properly completed the first time, saving one time and money."
 
"After he contacted us, we obtained his permission to enter Canada within two months.  Because he was unemployed and waiting for this approval, this matter was of great importance to him."
 
Ms. Perillo says that her service is cost-effective compared to other venues:"Our rates are a portion of what one would normally pay when using a law firm to process the same application, and of course, all information is protected for confidentiality."
 
Ms Perillo says, "Canada Border Crossing Services offers free consultations over the phone, through fax, email or regular mail. I tell applicants whether they qualify, what the fees are, etc."
 
Canada Border Crossing Services
103-B Scurfield Blvd.
Winnipeg, Manitoba, Canada R3Y 1M6
Phone: (204) 488-6350
Toll Free: 800-438-7020 (US & Canada)
Fax: 204 975-0394
Email at: [email protected]
www.bordercrossing.ca