Hi
charliegirl said:
DUI is a Drink Driving conviction.
Here is what the manuals state:
"5. CIC policy – Criminal inadmissibility
Persons who are described under A36(1)(a), (b) or (c), and A36(2)(a), (b) or (c) are criminally
inadmissible to Canada.
The Act introduces the deemed rehabilitation class of persons who are described under A36(2)(b)
and (c).
The Act provides authority for the Minister to approve the rehabilitation of persons described in
A36(1)(b) or A36(1)(c) and A36(2)(b) or A36(2)(c). The granting of rehabilitation removes the
grounds of inadmissibility. It is granted in meritorious cases when the Minister or the delegated
authority is satisfied that the person concerned meets certain criteria, has been rehabilitated, and
is highly unlikely to become involved in any further criminal activities. "
So you were barred for 10 years since the date of the conviction.
Here is the process for applying for rehab:
5.2. Individual rehabilitation – Essential elements
If a person who was convicted of an offence or who has committed an act or omission does not
meet the eligibility criteria for deemed rehabilitation, that person may be eligible to apply for
rehabilitation. That person should be adequately counselled on the criminal inadmissibility criteria,
and whether or not they meet the criteria to apply either for rehabilitation under IRPA or a pardon
under the Criminal Records Act.
The application of the criminal rehabilitation provisions in the Act is at the discretion of the Minister
or the Minister’s delegate, but these provisions do not constitute a right for persons who are
criminally inadmissible to be considered under them. The officer is not required to counsel
applicants on the existence or application of these provisions. However, in the interests of
procedural fairness, applicants should be provided with an application kit if they appear to meet
the eligibility criteria and request information or an application for rehabilitation.
Although officers do not have the authority to approve rehabilitation, they may nonetheless
provide the applicant with an opinion on eligibility, and indicate whether a positive or a negative
recommendation would likely be submitted to the delegated authority.
When a negative recommendation is likely, the officer should advise the person that the
processing fee will not be refunded if the application is refused. If the person wants to submit an
application for rehabilitation after being provided with a negative recommendation, an officer
cannot refuse to accept the application for rehabilitation."
I believe the level you have to "blow" for non professional drivers in Australia is .o5% whereas in Canada it is .08%. What you have to find out from the Australian police is what exactly that you blew. If it was less than .08% then the conviction is NOT equivilent to Impaired driving in Canada and you would not be prohibited. Basically thats your only chance.
"
I believe you can also ask for a pardon once your time is up..am I right?