Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Category: Criminal Defense

Visiting Canada

Entry into Canada with a DUI is a problem.  If you have pending plans to go to Canada you should contact the consulate to make sure you are eligible for entry or can receive permission to enter.  Here is the the Canadian Government policy regarding admission into Canada with a DUI:


Operational Bulletin 389 – February 27, 2012

Cost Recovery Fee Exemption for Temporary Resident Permits Issued to Foreign Nationals who are Inadmissible on Criminality Grounds

This Operational Bulletin has expired. Please refer to ENF 4 (PDF, 1.10 MB) for current information.


A public policy was recently approved with respect to the entry of foreign nationals (FNs) who are inadmissible on A36(2) criminality grounds. Specifically, the policy allows the grant of a one-time fee exemption for a Temporary Resident Permit (TRP) for certain offences, including offences such as driving while impaired (also known as driving under the influence (DUI)). 


The purpose of this Operational Bulletin (OB) is to provide operational guidance on issuing a one-time fee-exempt TRPto a foreign national who is inadmissible on A36(2) criminality grounds and who meets the conditions set out in the public policy (see Instructions). 


Where an officer is of the opinion that it would be justified in the circumstances for an inadmissible FN to become a temporary resident, a TRP may be issued to enable the FN to enter and/or remain in Canada under section 24(1) of the Immigration and Refugee Protection Act (IRPA). Section 25.2 of the IRPA authorizes the Minister or delegated officers to grant an exemption from the payment of applicable fees where the Minister is of the opinion that public policy considerations warrant it. 

On January 13, 2012 the Minister of Citizenship, Immigration and Multiculturalism issued the public policy considerations that in his opinion justify the granting of a one-time exemption from the TRP processing fee that is required under section 298 of the Immigration and Refugee Protection Regulations (IRPR) for FNs who meet the conditions of this public policy.

These instructions are to be considered an interim measure to facilitate the entry of these FNs until a more permanent measure is established. Additional instructions will be offered once a permanent measure comes into force or this public policy is revoked by the Minister. 


As of March 1, 2012 the public policy exemption would apply to an FN to whom a TRP is being issued at a port of entry (POE) or a visa office abroad, who is inadmissible solely on the grounds of “criminality” under section 36(2) of IRPA, and who:

  1. was convicted of an offence and received no term of imprisonment as part of the sentence imposed; and
  2. has had no other convictions or committed any other acts that would render the person inadmissible.

To facilitate these circumstances and overcome the inadmissibility, a delegated authority should consider issuing a TRP. If choosing to issue a TRP, the delegated authority can now exempt the fees associated with the issuance of this document. The delegated authority should counsel the foreign national that the next time they seek to enter Canada, the fee exemption will not apply and that they should look into potential mechanisms to overcome their inadmissibility.

This public policy fee exemption does not apply to persons convicted of child pornography or a sexual offence. This authority has been delegated to CIC immigration authorities at visa offices abroad and to Canada Border Services Agency’s (CBSA) Border Service Officers, Inland Enforcement Officers and Regional Program Officers in their immigration functions for POE examinations only. 

When issuing a TRP in these circumstances, the cost recovery code M31 on the TRP screen in the Field Operations Support System is to be used. This code will automatically generate the following information on the TRP


This public policy does not apply to FNs who are already in Canada. 

Further information


For further information or questions regarding the changes outlined in this OB, please contact Operational Management and Coordination at

Baltimore City NG

Well I got out while the sun was still shining.  The Court was so accommodating.  All the cases in the morning and afternoon except trials were moved to other judges.  They do this elsewhere and I don't think I have ever seen it done in Baltimore City before. It allowed me to get started before lunch and finish in the afternoon, not the evening.  It also took the cooperation of the State's Attorney's Office to bring in help to handle the other courtrooms.  This has been a common practice FOREVER in every county.  I can remember judges in the City refusing to take cases from another courtroom because they were from another courtroom.  No more!  Having been a prosecutor in Baltimore City and practicing there for years, it was really nice to watch this happen.  It takes the pressure off the trial judge, who can now focus on the trial and not on the other 18 cases that were moved this morning and the other 15 moved this afternoon. 

This was the 5th trial date.  Although I know lawyers who add an "appearance" fee for each postponement, I won't do it.  It penalizes people who hire a "real" lawyer, and who expect a trial when there are legitimate issue.  I like trying cases so I just don't care if I have to come back.  I just reschedule my conflicts, and the courts never deny me a postponement because I ask for the postponement as soon as I get a trial notice that is a conflict.  They can move the case back a week or sometimes to the same week.  You want to screw around with the "system" and try to get postponements at the last minute,  the judges are going to make you be in 2 places at the same time; and then the client gets rolled over on a guilty plea because the lawyer has to be elsewhere, or they pray a jury trial when it is totally unnecessary (and I am sure they want to charge more money for that).  Judges know who these "scofflaws" are and they don't get any respect during a trial either.  Now to the case:

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Triple Teamed in Anne Arundel County and Still a NG

Well, I wound up with three prosecutors today.  The 2 new and the Division Chief.  It was fair because the new prosecutors were not familiar with all the legal issues that could be raised to support their side.  This was a non-video stop with a trooper who tried to volunteer every opinion he could muster.  I had a recently appointed judge who had been a prosecutor and criminal defense attorney and knew the law.  In fact, she left the bench after argument to read some cases.  As another attorney remarked to me, "she is a breath of fresh air," although this county's District Court judges are a great group to try cases with.  The Division Chief did not jump in until  the end of the probable cause testimony.

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Chico Marx: “Are You Going To Believe Me, Or Believe Your Own Eyes?”

It is not often you get to quote the Marx Brothers in a courtroom.  A few weeks ago, I had used Joe Pesci's "Grits" remarks from "My Cousin Vinnie" when comparing how long it took two breath technicians to perform the same actions.  It was pretty funny except for the second "grits" cook.  But back to the case at hand.  Another video that will show my client staggered to the rear of the car and swayed, etc…  Well not according to what I see on the video.  The explanation from the MDTA officer is you cannot see the slight body movement from the camera angle.  We watch it multiple times, but we just cannot see it!  He also fails to give the correct instructions on the walk and turn, which we can hear.

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The Trainer Was The Breath Tech

If you read my previous post about the lying rookie and his trainer, you understand what the title means.  The other day, I return to the same courtroom, but this time the MDTA officer was experienced and the trainer was the breath tech.  Another good video that did not jive with the written report.  My client looked great.  No SFSTs because of physical injuries.  No bad driving because he pulled over, as the law requires, and was on his cell phone.  

The prosecutor, who is very smart and very good, asked if I was going to school her in DUI as we talked about all the problems in her case.  When the MDTA duo arrived she told them she wanted to speak to them after checking everyone in.  Meanwhile, she had heard about the last case as had the supervisor who got involved in this case.  While they were waiting to speak to her, the arresting officer looked around the room, and asked if I was "Bernstein" or "Mr. Bernstein."  I stared at him and nodded yes.  He did not seem comfortable.  The ASA asks if there is a middle ground and I say Negligent Driving, even though he was stopped on the shoulder.  That does not fly and an hour later we discuss Reckless, which is 6 points here, and I am not sure of the points in the State my client is licensed in. He wants the DUI charges gone and expunged.  He takes public transportation to work and wants to be able to get into Canada with minimal problems.  We did a seminar on difficulties getting into Canada with a DUI, even a PBJ. Too ridiculously complicated to discuss here.  I tell him no, but he is the client and he says yes.  I tell the judge, the plea is over my vigorous objection, and he laughs and gives him a $100.00 fine.  Everyone is happy, except me, because I wanted to try the case.  I waited 2 days to see if my feelings changed before I wrote this, and they have not.  The officers got let off the hook.  The trainer's bad habits will never change, and I now have a breath test report to use when we get to try a case.  Pretty soon my truck will have 60 instead of 50 pounds of law, and the additional weight will be MDTA videos and reports.

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Contact Information

  • Gary S. Bernstein, P.A.
  • 29 W. Susquehanna Avenue, Suite 700
  • Towson, Maryland 21204
  • Toll Free: 866-435-2795
  • Locally: 410-415-9219
  • Fax: 410-823-0610

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