It's not clear how you ar being prevented from going to Canada. Are you not allowed to leave the country because the court won't allow you to while the charges are pending, or is it Canada that is not allowing you to enter? What is the basis for the refusal? Is it the mere charge or the fact that the case is unresolved? These things matter in order to determine how best to address it. For example, if it is the court that won't let you leave the country until the case is resolved then once the case is over you should be released from that condition. Generally, entry into Canada from the US is fairly easy and simply requires a valid passport.
This is not to be considered legal advice nor does an attorney-client relationship exist.
DUI, is considered an "indictable offense" under Canadian law. Conviction of the offense, or an administrative suspension for driving with an excessive alcohol level, or a test refusal, all cause a person to be inadmissible-- you aren't allowed in. As you have discovered, a person with a single indictable offense on his or her record may apply for rehabilitation after 5 years have passed from the date of the last court-ordered sanction associated with the conviction. Before that, a person may apply for a Temporary Resident Permit. Whether a person receives a Temporary Resident Permit is a matter of discretion and depends in large part on the purpose of the visit. My guess is that a professional athlete who has been convicted of an indictable offense and has not been declared rehabilitated would have to rely on a Temporary Resident Permit, but that's speculation. For you, the important thing is to know that your DUI conviction causes you to be deemed inadmissible and that your only potential avenue for legal entry at this point is to apply for a Temporary Resident Permit. It might be a good idea for you to discuss the particulars of your situation with Canadian immigration counsel.
You have to retain a good criminal lawyer with an office near the point of entry to Canada, like my office in Buffalo. The lawyer will arrange to get you a waiver or other means to enter even with the conviction. There is a $350 fee to apply and I have had many people who were eventually allowed to enter after being denied for a reasonable fee.
John J. Carney Esq. 917 696 2363
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