Traditionally, co-operative initiatives in cross-border law enforcement and border management have been based on the notion that the laws of the host country apply to illegal acts on its territory and that host-country courts would have jurisdiction, says the RCMP memo.
"However, the U.S. has recently expressed concerns with the continued application of the 'host country law model' and has requested that its officers be exempted from the laws or the jurisdiction of the ordinary courts in Canada in the context of the Next Gen and Preclearance initiatives."
For the cargo preclearance pilot projects, announced in March, Canadian law will apply to U.S. customs officers, said Public Safety Canada spokeswoman Josee Picard.
But the issue remains unsettled for the policing initiative, which was supposed to be up and running last year.
The RCMP memo says there are several reasons why it "remains appropriate" for host country laws and courts to continue holding sway, including:
— the fact it is generally the right of sovereign states to have jurisdiction over unlawful acts in its territory;
— the Canadian and U.S. justice systems are very similar when it comes to use of force by police;
— the border pact was negotiated on the understanding that the countries' respective legal frameworks would apply.
"Canadians place a high value on sovereignty and police accountability," the briefing note adds.
A preliminary assessment indicates it "would not be feasible nor desirable to have two law enforcement officers working together being subjected to different regimes for accountability and criminal liability," the memo says.
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"However, the U.S. has recently expressed concerns with the continued application of the 'host country law model' and has requested that its officers be exempted from the laws or the jurisdiction of the ordinary courts in Canada in the context of the Next Gen and Preclearance initiatives."
For the cargo preclearance pilot projects, announced in March, Canadian law will apply to U.S. customs officers, said Public Safety Canada spokeswoman Josee Picard.
But the issue remains unsettled for the policing initiative, which was supposed to be up and running last year.
The RCMP memo says there are several reasons why it "remains appropriate" for host country laws and courts to continue holding sway, including:
— the fact it is generally the right of sovereign states to have jurisdiction over unlawful acts in its territory;
— the Canadian and U.S. justice systems are very similar when it comes to use of force by police;
— the border pact was negotiated on the understanding that the countries' respective legal frameworks would apply.
"Canadians place a high value on sovereignty and police accountability," the briefing note adds.
A preliminary assessment indicates it "would not be feasible nor desirable to have two law enforcement officers working together being subjected to different regimes for accountability and criminal liability," the memo says.
Yahoo! News Canada - Latest News & Headlines