What Rights Do You Have Crossing From U.S. Into Canada?

We’ve got a great topic for you today — one that one of our subscribers asked about: What rights do you have when crossing from the U.S. into Canada?

I’m going to break down that topic and talk about it from both perspectives — as a U.S. citizen and as a Canadian citizen.

Canadian Citizens

Let’s start with Canadian citizens.

First and foremost, you have the absolute right to enter Canada, regardless of whether you have a criminal record. If you’re a Canadian citizen, they have to let you in.

When you arrive at primary inspection — for example, driving across the border back into Ontario — the border security officers will ask you some basic questions:

• What was the purpose of your travel?

• Do you have anything to declare?

They’re allowed to ask these questions, and you should answer truthfully. Lying to a border officer could lead to criminal charges, especially if you fail to declare goods properly.

Even if you raise suspicion or answer hesitantly, or even at random, you may be sent to secondary inspection. There, you could face:

• More detailed questions

• A search of your vehicle

• Possibly a frisk search

The legal threshold for these searches is very low at the border. This is different from inside Canada, where searches typically require reasonable grounds or a warrant. So, at the border, be polite, cooperative, and tell the truth.

Even with a criminal record, they must let you back in if you’re a Canadian citizen.

U.S. Citizens

Now, for U.S. citizens crossing into Canada.

You’ll be asked similar questions at the border:

• What’s the purpose of your visit?

• How long do you intend to stay?

• Are you bringing more than $10,000 in cash?

• Do you have a criminal record?

Be aware: Canadian border officials have access to U.S. criminal databases — whether you’re entering by land (e.g., Windsor, Sarnia) or by air.

So be honest. If you lie, and they find out, you’re likely to be refused entry and flagged for future visits.

Certain criminal convictions make you inadmissible to Canada. For example:

• A DUI (impaired driving) conviction in Michigan will make you inadmissible.

• More serious charges or crimes involving dishonesty or drugs will also result in a denial.

Some very minor offences may not lead to a refusal — but border agents can still make mistakes. If you’re denied for what you believe is an incorrect reason, you’ll need to consult a U.S. immigration lawyer to try and clear it up.

You might also be sent to secondary inspection if:

• You raise red flags

• They have reasonable suspicion

• You’re selected randomly

They may search your vehicle, ask more detailed questions, and delay your entry. It’s stressful, but it’s part of the process.

To prepare:

• Think through the likely questions ahead of time

• Practice your answers

• Stay calm and make eye contact

If you’re nervous, avoid fidgeting or giving vague answers — that could get you flagged and referred to secondary inspection, where you might sit for an hour or two while they go through your belongings.

If you’re honest, not carrying contraband, and have no criminal record, you should be allowed into Canada — unless a mistake is made.

If you’ve been refused entry due to a minor record that shouldn’t disqualify you, again, consult with an immigration lawyer.

Unfortunately, Canada does not allow entry for many U.S. citizens with DUIs, even though the U.S. allows Canadians with a single DUI to enter. It’s a point of contention, and although there’s been talk in Congress about changing this, nothing has happened so far.

Final Thoughts

At the end of the day:

• Be truthful

• Be prepared

• Make eye contact

• Stay calm

If you do those things, you’re far less likely to run into issues at the border.

Thanks for watching. We’re committed to bringing you the best educational videos about criminal and DUI law.