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Canada Would Ban Bush - But
There Are Loopholes By Rebecca
Cooper (ABC News)
W A S H I N G T O N, Nov. 3
- Even if George W. Bush is elected president, he may need special
permission to get into Canada because of his arrest for drunken
driving.
The Republican candidate for president
acknowledged for the first time on Thursday that he was arrested
for driving under the influence on Labor Day weekend in 1976,
near his family home in Kennebunkport, Maine.
According to Canada's Criminal
Code, Bush is deemed an "inadmissible" person, in violation
of Section 19 (2) (a.1) of the Immigration Act of Canada.
In other words, he has committed
a crime considered an indictable offense in Canada, and, because
of that he is banned.
Alternative Entry Points
Luckily for Bush, if he is elected president of the United States
Nov. 7 and is invited to any gatherings of heads of state in Canada,
since his offense is more than five years old, there are ways
for him to gain entry without breaking federal law.
"He is going to have to go through
what's called the rehabilitation process. The rehab takes a while
and it would be somewhat demeaning for a president of the United
States. He would have to go through a series of steps, including
getting letters from friends saying he has cleaned up his act.
If he wanted to come to Canada before completing the lengthy rehab
process, he would need the permission of a senior immigration
official," immigration lawyer Colin R. Singer tells ABCNEWS.
Has He Reformed?
According to a "rehab check list" compiled by the Canadian law
firm of Larson, Bryson & Boulton, the Canadian government
considers several factors when determining whether a person wanting
entry to Canada has truly rehabilitated themselves from their
criminal offense and deserves entry, including: acceptance of
responsibility for the offense; evidence of remorse; evidence
of a change in lifestyle; and, evidence of stability in employment
and family life.
If Bush wants to avoid any appearance
of favoritism and skip the special waiver from a senior official,
it is possible to speed up the rehab process by just paying a
hefty "processing fee" at the border.
And a lot of Americans with DUIs
on their records manage to get in to Canada without border computers
catching their previous offense and without admitting to their
criminal records.
Of course Singer doesn't recommend
that approach for Bush.
"If Bush comes to Canada or has ever
been to Canada since his conviction and hides the fact that he
has a prior conviction - no matter how far back - he could be
excluded from Canada permanently and never allowed to return."
An Influential Law
Canadian immigration experts say the law affects numerous Americans
seeking entry to Canada every month, usually when computer checks
do catch the old offense.
There's even information on a Canadian
fishing Web site explaining to visiting anglers how to cross into
Canada with an old DUI charge. And according to Singer, "This
affects professionals in the sports and entertainment industries
more often than people think."
Gore and Clinton Illegal Too
Canadian attorney Darryl Larson maintains Bush has some notable
company in the "inadmissible" category, contending that Canadian
law bans both President Clinton and Vice President Al Gore.
"If you admit to having smoked marijuana,"
Larson explains, "You have admitted to an unlawful act. That would
allow reasonable grounds for our immigration officers to determine
that you have broken a law that, if committed in Canada, would
be subject to prosecution and therefore falls under this law.
So this would apply to both Clinton and Gore."
Larson and Singer say a president
of the United States can expect to bypass the rehab process and
be given special permission to enter fairly quickly.
But a special waiver is good for
only 30 days.
"If George W. Bush wants to come
to Canada for more than 30 days to vacation here, like President
Roosevelt used to do, or if he decides he wants to live or work
here," Larson contends, "He's going to have to go through the
Canadian rehabilitation process.
It's the law."

