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Archive for September 8, 2009

Sex Offenders Denied Entry to Canada

September 8, 2009 Comments off


Warning – American citizens holding a U.S. passport will not be allowed entry into Canada if they have a sex offense in their background:

Tim, a charter member of ConstitutionalFights.org, was denied entry into Canada at the border crossing in August 2009. Tim had visited Canada twice in 2005 and 2006 with a drivers license and birth certificate only. Once the passport requirements went into effect, Tim obtained a U.S. Passport. Apparently, the passports are now scanned at the border crossing (they do have a bar code on the last page). We have been informed that Canada has close integration with the U.S. computer database which informs them if any U.S. passport holder has a sex offense in their history. Tim was detained at the customs/immigration office at the border for an hour before being ordered to return across the border back into the U.S., or face arrest. He was also warned that if he attempted to enter again, without obtaining a permit to do so, he “would be arrested without warrant”. Once Tim crossed back to the U.S. border he was again detained by U.S. border agents for 45 minutes, while they searched his car and belongings (and apparently entered his personal information in their computers).

Inadmissible to Canada
(see document below)

“Under section 36 of the Immigration and Refugee Protection Act (IRPA), persons who have been convicted of a crime or offense, or persons who have committed ac act, that constitutes an offense are Inadmissible to Canada.” (this includes, but is not limited to sex offenders)

“In certain circumstances;
a.) Criminal Rehabilitation (permanent) or
b.) Temporary Resident Permit (temporary) or
c.) Pardon (if convicted in Canada)
MAY be issued to overcome the inadmissablity.”

Rehabilitation for persons who are inadmissible to Canada because of past criminal activity (IMM 5312)
Under Canada’s Immigration and Refugee Protection Act, temporary residents and applicants for permanent residence in Canada may not be able to come to Canada if they have been involved in criminal activity. This guide explains when people might be considered inadmissible and under what conditions they can apply to overcome the inadmissibility. An application for rehabilitation and instructions on how to complete it are also included.

We recommend you review the above link, which provides some information about Inadmissibility from the Canadian Consulate Office. The information we have been able to gather is that your chances of obtaining a Criminal Rehabilitation permit are not good. You must apply with a $200 fee. The processing period could extend up to 1 year and it may be required for you to pay an additional $800 if your application needs further review. If your application for this permit is denied, you do not receive any money back.

Temporary Resident Permits are generally for extra-ordinary circumstances.

Frequently-asked questions : Overcoming Criminal Inadmissibility.



A Move to Register Sex Offenders Globally

September 8, 2009 Comments off

Time.com : A Move to Register Sex Offenders Globally.

Recent news cases have reinvigorated support for H.R. 1623, the “International Megan’s law,” which Rep. Chris Smith, a New Jersey Republican, introduced in March 2009. If passed, the bill would alert officials abroad when U.S. sex offenders intend to travel, and likewise encourage other countries to keep sex offender lists and to notify the U.S. about offenders’ travel plans to the United States. U.S. law can grab American predators overseas. Sporich, along with Ronald Boyajian, 49, and Erik Peeters, 41, were charged under the PROTECT Act, which was enacted six years ago to strengthen federal laws related to predatory crimes committed outside the U.S. (A federal magistrate ordered the three held in custody until their arraignment on Sept. 21. Each could face up to 30 years in prison per victim if convicted.)

(see The Czech Republic’s extreme solution to sexual predators: forced castration)

Human rights organizations say an International Megan’s Law would be a step in the right direction. “If we know someone is committing serious crimes at home or overseas, we want to accurately identify them,” says Karen Stauss of the Polaris Project, an organization dedicated to combating human trafficking. Amanda Bissex, UNICEF Thailand’s Chief of Child Protection, agrees H.R. 1623 would benefit vulnerable children. “We need to improve law enforcement and the economic welfare of children,” says Bissex, “but we also need to address people’s attitudes and create an environment where there is zero tolerance for abuse of children whether in their home country or oversees.”

No civilized person condones child sex trafficking nor exploitation. In fact, we stand firmly against these criminal activities. But we post this article to inform, and to condemn the effort to make sex registries international. Already, the over 660,000 registered sex offenders within the U.S. are not permitted into many nation’s borders (see “Sex Offenders Denied Entry to Canada” ). And the registries in the U.S. are poorly designed, often inaccurate and overbroadly inclusive already. Creating an international registry would only magnify these flaws in branding citizens of every nation.

Sex Offenders Banned from Navy, Marines

September 8, 2009 Comments off

Stripes.com : In banning sex offenders, Navy faces tough task.

Nearly a year after the Department of the Navy issued a tough policy barring sex offenders from Navy and Marine Corps bases, the service is struggling to enforce it.

Sex offenders must be identified and banned from all bases unless they receive a waiver, according to an Oct. 7, 2008, memo from then-Secretary of the Navy Donald Winter and a May 27 memo detailing the order.

But identifying sex offenders could require installations worldwide to check their many thousands of service members, civilians and dependents against flawed and sometimes inaccurate sex offender registries.

“We don’t want sex offenders in the Navy and we’re going to do whatever is required to make sure we’re effective,” current Secretary of the Navy Ray Mabus said Aug. 27 near Yokosuka Naval Base. “In terms of background checks and things like that, I don’t know. It’s an ongoing thing that we’re looking at.”

Winter’s order originally called for the policy to be implemented by last December. For now, anyone applying for on-base housing must sign a form stating whether they or their command-sponsored family members have committed a sex offense.