There was a time not long ago when a trip across the border
from the United States to Canada was accomplished with a wink
and a wave of a driver's license. Those days are over.
Take the case of 55-year-old Lake Tahoe resident Greg Felsch.
Stopped at the border in Vancouver this month at the start of
a planned five-day ski trip, he was sent back to the United
States because of a DUI conviction seven years ago. Not that
he had any idea what was going on when he was told at customs:
"Your next stop is immigration.''
Felsch was ushered into a room. "There must have been
75 people in line," he says. "We were there for three
hours. One woman was in tears. A guy was sent back for having
a medical marijuana card. I felt like a felon with an ankle
bracelet.''
Or ask the well-to-do East Bay couple who flew to British Columbia
this month for an eight-day ski vacation at the famed Whistler
Chateau, where rooms run to $500 a night. They'd made the trip
many times, but were surprised at the border to be told that
the husband would have to report to "secondary'' immigration.
There, in a room he estimates was filled with 60 other concerned
travelers, he was told he was "a person who was inadmissible
to Canada.'' The problem? A conviction for marijuana possession.
In 1975.
Welcome to the new world of border security. Unsuspecting Americans
are turning up at the Canadian border expecting clear sailing,
only to find that their past -- sometimes their distant past
-- is suddenly an issue.
While Canada officially has barred travelers convicted of criminal
offenses for years, attorneys say post-9/11 information-gathering,
combined with a sweeping agreement between Canada and the United
States to share data, has resulted in a spike in phone calls
from concerned travelers.
They are shocked to hear that the sins of their youth might
keep them out of Canada. But what they don't know is that this
is just the beginning. Soon other nations will be able to look
into your past when you want to travel there.
"It's completely ridiculous,'' said Chris Cannon, an attorney
representing the East Bay couple, who asked that their names
not be used because they don't want their kids to know about
the pot rap. "It's a disaster. I mean, who didn't smoke
pot in the '70s?''
We're about to find out. And don't think you are in the clear
if you never inhaled. Ever get nabbed for a DUI? How about shoplifting?
Turn around. You aren't getting in.
"From the time that you turn 18, everything is in the
system,'' says Lucy Perillo, whose Canada Border Crossing Service
in Winnipeg, Manitoba, helps Americans get into the country.
Canadian attorney David Lesperance, an expert on customs and
immigration, says he had a client who was involved in a fraternity
prank 20 years ago. He was on a scavenger hunt, and the assignment
was to steal something from a Piggly Wiggly supermarket. He
got caught, paid a small fine and was ordered to sweep the police
station parking lot.
He thought it was all forgotten. And it was, until he tried
to cross the border.
The official word from the Canadian Border Services Agency
is that this is nothing more than business as usual. Spokesman
Derek Mellon gets a little huffy when asked why the border has
become so strict.
"I think it is important to understand that you are entering
another country,'' Mellon says. "You are not crossing the
street.''
OK, but something changed here, didn't it?
"People say, 'I've been going to Canada for 20 years and
never had a problem,' '' Lesperance says. "It's classic.
I say, 'Well, you've been getting away with it for 20 years.'
''
A prior record has always made it difficult to cross the border.
What you probably didn't know was that, as the Canadian Consulate's
Web site says, "Driving while under the influence of alcohol
is regarded as an extremely serious offense in Canada.''
So it isn't as if rules have stiffened. But what has changed
is the way the information is gathered. In the wake of 9/11,
Canada and the United States formed a partnership that has dramatically
increased what Lesperance calls "the data mining'' system
at the border.
The Smart Border Action Plan, as it is known, combines Canadian
intelligence with extensive U.S. Homeland Security information.
The partnership began in 2002, but it wasn't until recently
that the system was refined.
"They can call up anything that your state trooper in
Iowa can,'' Lesperance says. "As Canadians and Americans
have begun cooperating, all those indiscretions from the '60s
are going to come back and haunt us.''
Now, there's a scary thought. But the irony of the East Bay
couple's situation is inescapable. Since their rowdy days in
the '70s, they have created and sold a publishing company, purchased
extensive real estate holdings and own a $3 million getaway
home in Lake Tahoe.
"We've done pretty well since those days,'' she says.
"But what I wonder is how many other people might be affected.''
The Canadian Border Services Agency says its statistics don't
show an increase in the number of travelers turned back. But
Cannon says that's because the "data mining'' has just
begun to pick up momentum.
"It is too new to say,'' he says. "Put it this way.
I am one lawyer in San Francisco, and I've had four of these
cases in the last two years, two since January. And remember,
a lot of people don't want to talk about it (because of embarrassment).''
Asked if there were more cases, attorney Lesperance was emphatic.
"Oh, yeah,'' he says. "Just the number of calls I
get has gone up. If we factor in the greater ability to discover
these cases, it is just mathematically logical that we are going
to see more.''
The lesson, the attorneys say, is that if you must travel to
Canada, you should apply for "a Minister's Approval of
Rehabilitation" to wipe the record clear.
Oh, and by the way, if you don't need to travel to Canada,
don't think you won't need to clear your record. Lesperance
says it is just a matter of time before agreements are signed
with governments in destinations like Japan, Indonesia and Europe.
"This,'' Lesperance says, "is just the edge of the
wedge.''
Who would have thought a single, crazy night in college would
follow you around the world?