Inadmissibility for Tourist ?

[LeftTurn]

Hi everybody, greetings from Germany,

i need some help with questions regarding eTA and possible inadmissibility due to "crime" conviction.

Since I am not that good at english i have troubles to find the right laws/codes that would be applicable (or better: comparable) in our case.
I understood that certain convictions due to "criminal" behaviour can make inadmissible to Canada. The question is: is our case such a "criminal" behaviour?
I also think that this is not only applicable to people trying to become permanent residents but also to tourists?


The facts:

In 2008 my wife had a car accident. At a crossing she wanted to make a left turn. When she started to drive to the left she simply overlooked a motorcycle coming from the opposite direction. The biker was very fast and hit her car very hard. He was seriously injured. Most probably my wife's sight to that biker was obstructed by a traffic sign and also the bikers speed contributed to the accident.

However, in Germany you are always guilty if you are the one turning left. It is laid down that the one turning left has the higher obligation to give right of way and has to drive in such a way that it is assured that no other one is impaired. Well, i think i don't have to explain that this was simply a one-moment-failure. My wife didn't see the bike, so she turned left and the accident happened. This is something that could happen to any of us at any time. She wasn't drunk, she wasn't driving to fast (she just started to move into the crossing).

In Germany, if someone gets injured in a traffic accident, you will always face a charge for "fahrlässige Körperverletzung". This is a minor charge, allthough it is a "criminal" charge. Maximum sentence for this is 3 years.

My wife was offered a deal from the prosecutor to pay 2000€ and the case would be closed. Her drivers licence was NOT suspended. The fine was paid in 2008. By paying the fine you accept the prosecutors offer as a conviction without having a trial in court. In the meantime this conviction was cleared from her Report in 2014. Conviciton for "fahrlässige Körperverletzung" is erased from the files after 5 years in Germany and you are deemed fully rehabilitated.

Now this year we want to make holidays in Canada...and fell over this eTA-Question regarding criminal convictions. In fact, my wife doesn't really feel like a criminal. But as it looks this could be seen different at the border.


The Questions:

1) What would that be in Canada? Only a traffic offence? Or would it be a criminal offence according 249 (1a)? What would be the right english term for "fahrlässige Körperverletzung"? "Fahrlässig" in German means, that you didn't want to/never intended to do something and that you simply omitted/neglected to pay the right amount of accuracy/care/vigilance. "Körperverletzung" means "bodily harm". The combination of both is used to express that you did something, without paying the proper attention and that somebody got hurt. The term "fahrlässige Körperverletzung" also includes that no other circumstances exacerbate your action, e.g. driving to fast, using a cell phone, being tired etc. etc. If other circumstances would prevail (e.g. fumbling on the radio or one of the beforementioned) the conviction would be exacerbated to "grob fahrlässig" which means "grossly neglegent" or "reckless"....just to give you an idea what the facts and circumstances were in this case.

2) If 1) would be seen as a criminal offence, an application for criminal rehabilitation would be the only way to resolve this situation?
2a) How long does an application for rehabilitation take?
2b) What are the chances?
2c) How much does ist cost?
2d) Do we need a lawyer? What would be the lawyers costs?

Thank You so much for your answers in advance.

 

[Ponga]

Greetings from Vancouver.

She needs to answer truthfully where asked if she has ever been charged or convicted, because she was.

Since an at-fault accident is NOT a criminal offense in Canada, unless there were drugs, alcohol, excessive speed involved (reckless/careless driving), or she was eluding police which would have caused the accident, I don't see how this will make her inadmissible to Canada. The most important thing is to answer truthfully and provide the same explanation as you have here.

Good luck!

 

[mf4361]

When determining admissibility, CBSA translates the offense into Canadian criminal code to determine whether it's a criminal case. It is not automatically inadmissible if you have been convicted in a country.

I am not knowledgeable enough to say yes or no, but from what I heard is at-fault traffic accidents are not criminal offenses, so are speeding and running red lights (as long as fines are paid on time). But DUI do make people inadmissible.

Before eTA is a thing, CBSA people will interview you at the custom about the offense and they will tell you whether it's a problem.

Though the fact that you are "convicted" in a country suggests that you should say yes and be upfront with it.

But I maybe wrong. Please correct if i'm.

Btw, I do admire the German's no-monkey-business attitude towards driving.

 

[Bs65]

So if you are travelling before September 2016 you do not need to apply for an ETA as there is a leniency period and also Germany is a visa-exempt country so no visa. http://www.cic.gc.ca/english/visit/eta.asp . As previous poster has said if you are asked then declare it but generally this question is aimed at more serious crimes in Canada's eyes such as DUI or any custodial sentence. Worst case on the ETA application if you check yes you will get asked for a Police Certificate showing criminal history and as you imply this has probably expired now anyway on that record. With the latter the painful part is the waiting for the ETA to be approved or not as there is little ongoing communication from CIC and not able to travel or transit Canada whilst in process at least by air , assume same applied across land border but an ETA not required by land border.