Reckless Driving
While certain exceptions apply, a reckless driving conviction will render a foreign national inadmissible to Canada under serious criminality, from regular criminality, since the passing of Bill C-45 on June 21, 2018. A reckless driving conviction would include alcohol-related offences such as a “Wet Reckless” or a DUI/DWI.
In certain US jurisdictions, such as the state of Washington, a “Careless” (Class A) offence is the equivalent of a “Reckless” under the Canadian criminal code and will also render you inadmissible to Canada. In most jurisdictions, however, there is a legal distinction between a “Reckless” and a “Careless” or “Negligent” offence. Reckless driving offences remain one of the top inadmissible cases for US residents. A Reckless, or “Dangerous Operation of a Motor Vehicle” to use the Canadian term, involves the “wanton disregard” for the life or safety of fellow motorists.
A Careless driver, on the other hand, is considered a departure from the standard of a prudent and reasonable driver to make the driver deserving of punishment but is generally not considered a criminal act. The difference is subtle but distinct in law.
If you have a reckless or some form of carless conviction, it is worth consulting an experienced immigration specialist who is familiar with both US and Canadian criminal statutes to assess if the equivalent offence in Canada constitutes inadmissibility. If your offence does not equate to the Canadian “Dangerous Operation” (Reckless), the onus will be on you to prove it.
Unfortunately, for the most part, the majority of reckless offences, or “wet reckless”, in the United States are a result of an amended plea from a DUI. If you received a reckless as part of a plea bargain, chances are that you will criminally inadmissible under serious criminality under the recent legislative changes in June 2018.
Do not leave this important matter to chance. Our firm can prepare a legal opinion of non-inadmissibility to an officer at the border for a smoother entry in Canada. This would include a detailed explanation of the US and Canadian statutes for the purposes of determining inadmissibility (“Equivalency Analysis”).
As Reckless Driving and its derivatives are now considered to be extremely serious. The good news is that short-term relief mechanisms are available, called a Temporary Resident Permit (TRP) that can override your “inadmissibility” for a specific period of time based on a narrow set of circumstances. These would include important family or company business or if a traveler is entering Canada for tourism and wasn’t aware of his inadmissibility. If you think you fit in any of the above, schedule a consultation to determine your eligibility for a TRP.
