Wally Moran wrote:

" FYI - if you get charged with a DUI in Canada, it's an
automatic driver's license suspension and a night in
the can until you make bail, with six months tacked on
after/if you're convicted. Because of reciprocity,
that suspension will suspend your US driver's license
as well. No idea however if our two countries actively
notify one another of this sort of thing."

REPLY

Wally, for the most part you are correct.  But there is one minor error in
your comments.  I have spoken at length with the Canadian Coast Guard, the
Toronto Police Services Marine Unit, the Ontario Provincial Police Marine
Unit and other agencies in order to clarify this for my CPS Boating Class
students.  You are correct to some extent, in that the charges are laid
under the same section of the Criminal Code.  That section makes it illegal
to operate automobiles, vessels, aircraft and railway locomotives under the
influence.

However, it is up to the Crown Attorney to decide how to prepare the
Information (The formal statement of the offence).  If the Crown decides to
specify that you were operating a vessel in contravention of the Act, but
does not quote the entire Section in the Information, the Judge has the
option of convicting you of unlawful operation of a vessel, and may or may
not extend the suspension to your driver's licence.  If the Crown quotes the
entire section, the Judge generally is compelled to extend the suspension to
all relevant activities, including your driver's licence.  As with other
Canadian legal anomalies, it's a coin toss, as the same charge could have
different consequences depending on who prepares and/or hears the case.

I guess it's better to be safe than sorry, especially when you don't know
whether you have a really diligent Crown and Judge on the case.  In Ontario,
at least, it is normal practice for notification to be given to the
jurisdiction in which the person charged lives, and that includes the
neighbouring US States.

As in all things, YMMV!!  <VBG>

Bob Davies
"Taid's Inn"
1965 Pacemaker Sedan Express, HIN 389-32
Toronto

-----Original Message-----
From: Bob Davies
Wally Moran wrote:
" FYI - if you get charged with a DUI in Canada, it's an automatic
driver's license suspension and a night in the can until you make bail,
with six months tacked on after/if you're convicted. Because of
reciprocity, that suspension will suspend your US driver's license as
well. No idea however if our two countries actively notify one another
of this sort of thing."

REPLY
Wally, for the most part you are correct.  But there is one minor error
in your comments.  I have spoken at length with the Canadian Coast
Guard, the Toronto Police Services Marine Unit, the Ontario Provincial
Police Marine Unit and other agencies in order to clarify this for my
CPS Boating Class students.  You are correct to some extent, in that the
charges are laid under the same section of the Criminal Code.  That
section makes it illegal to operate automobiles, vessels, aircraft and
railway locomotives under the influence.

However, it is up to the Crown Attorney to decide how to prepare the
Information (The formal statement of the offence).

REPLY
At a boat show this week-end I spoke to some Transport Canada
representatives.
They had copies of the relevant rules but those documents made reference
to a motorized vessel and said nothing about paddles or rowing.

I then asked about anchoring in a place other than a designated
anchorage.
According to Canadian law  and perhaps some US law;  the key words are "
care and control of"

In other words if you are found asleep and intoxicated in your vehicle
and the keys are in the ignition or your pocket, they got you.
However if the keys are  not readily accessible to you, you can
successfully argue that you opted to sleep it off rather than operate
that vessel or vehicle.
I then asked if hoisting a "not under Command" signal while anchored
away from a designated anchorage would suffice and they concurred that
under maritime rules doing so would in effect signify that you are not
in command of the vessel and therefore cannot be charged with having
control of the vessel while you are sleeping it off.
Admittedly this does require you to be clearly "not preparing to get
under way" but also in a location not immediately adjacent to the helm
station and the keys nowhere near. Perhaps a kill switch or fuse to
disable the start circuit would add strength to the claim.
After all the boat is also a private residence.

Cheers
Arild