Canada and U.S. to announce new cross border deal

Locutus

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Jun 18, 2007
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WASHINGTON -- Travel to the United States by road, rail and sea could undergo a major revamp as a result of an agreement set to be announced today between Canada and the U.S.

A U.S. government advisory says Public Safety Minister Steven Blaney and Homeland Security Secretary Jeh Johnson will announce a pre-clearance customs agreement at a ceremony in Washington.

The governments have been negotiating a legal arrangement that would allow customs agents into each other's countries -- so that they can screen passengers away from the border, and ease the choke points there.

That process already exists in air travel, at eight airports. People can clear U.S. customs in cities like Vancouver, Toronto and Montreal and then, when they land, skip lines in U.S. airports.

The countries had signalled their intention to do the same for land and sea travel as part of the 2011 Beyond the Border deal between Prime Minister Stephen Harper and President Barack Obama.

But they blew past a late-2012 deadline to reach a legal agreement that would allow law-enforcement officials to perform customs operations inside the neighbouring country.

A little more than two years later, they may have finally reached that deal. The governments haven't confirmed the details. But the U.S. side has offered some specific hints, including the advisory mentioning pre-clearance, while the Canadian advisory refers more generally to a Beyond the Border-related announcement.

In addition, Johnson spoke recently about a major impending agreement that would touch different types of travel.

"We are nearing completion of a groundbreaking pre-clearance agreement which -- for the first time -- will cover pre-clearance in all modes of border crossing, land, rail, marine and air," he told the Canadian American Business Council, a binational industry lobby group, at a public event last fall.

"(It) creates a new legal framework for officers operating in each other's country."

What's not clear is how easily the plan might be implemented. Neither Johnson's remarks, nor the 2011 Beyond the Border announcement, laid out whether it would require:

--Legislation in both countries.
--Public financing for customs infrastructure away from the border.
--Participation of the private sector in places like bus and train stations.

Johnson did express a desire to open the border to legitimate travellers, while still screening for criminals. He described the chilling effect of the 2001 terrorist attacks on U.S. border security.
The statistics bear that out.

Land travel into the U.S. declined in 2001, and it's never recovered. Data from the U.S. Bureau on Travel Statistics shows 34 per cent fewer vehicle passengers entered the U.S. last year from the northern border compared with 2000, with the biggest drops occurring in 2001 and 2003.

A study by Deloitte four years ago pointed to several reasons for a decline in Americans making the back-and-forth trip -- one was border wait times, but the study also cited currency fluctuations and the opening of casinos on the U.S. side. Also, the U.S. imposed tighter travel-document rules in the wake of the 2001 attacks.

"When my country was attacked on 9-11 our first response was to raise all the drawbridges," Johnson said.

"Crossing points became choke points for cars and cargo."


But he said Obama and Harper were keen on a more sophisticated border arrangement, designed to block terrorist movement while keeping trade flowing.

He cited progress including: more than one million people joining the trusted-traveller Nexus program, integrated cargo inspection projects, simplified electronic filing for shippers, and shared entry and exit records.

Canada and U.S. to announce new cross border deal | CTV News
 

B00Mer

Make Canada Great Again
Sep 6, 2008
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nobody has even read C-51...not to worry.

That because they're to busy following the Liberal johndra rather than actually looking at the facts.

 

tay

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May 20, 2012
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Armed U.S. border guards could soon be posted to Union Station — and if they ever use their guns, they may not be held accountable in a Canadian court.


A border preclearance agreement signed last month by Public Safety Minister Steven Blaney and U.S. Secretary of Homeland Security Jeh Johnson allows for armed American border guards to be posted to any port, ferry terminal, land crossing or rail station to clear goods and passengers through customs and immigration before they cross the border.



While U.S. Customs and Border Protection (CBP) officers now preclear passengers at eight Canadian airports including Pearson, only police may carry firearms in airports, so border agents stationed there aren’t armed. The deal is promoted as a measure to facilitate trade and benefit the economy on both sides of the border, but critics say little notice has been taken of the clause that grants U.S. agents immunity from Canadian prosecution.



“If U.S. government agents who are on duty on Canadian soil are only going to be liable to be prosecuted in the United States for potential criminal acts in Canada, what does that mean for access to justice for people affected by those actions?” asked Josh Paterson, executive director of the B.C. Civil Liberties Association.



“Is a Canadian really going to be able to access whatever system of redress that might exist in the United States for actions that take place here in Canada? Is the U.S. criminal justice system going to deal seriously with alleged offences committed by their agents here in Canada? We just don’t know.



“If they’re being told that they are allowed to carry weapons in Canada, the only thing you can surmise from that is that it’s anticipated that they may be using force in Canada,” he said.



Details of the agreement, which hasn’t been made public, are limited. The number of U.S. guards coming to Canada and where they will be posted will be determined by “the market” and subject to approval by both countries, said Public Safety Canada’s spokesperson Josée Sirois.



“U.S. CBP preclearance officers would be authorized to carry the same weapons and restraint devices that (Canadian) border officers are permitted to carry in the same operating environment,” Sirois wrote in an email. “That means that they would be able to carry a sidearm in land, rail and marine preclearance operations, but not when pre-clearing air travel passengers.”




U.S. guards would not be permitted to make arrests, she said, and would instead detain suspects temporarily and call local police.



According to a backgrounder posted on Public Safety Canada’s website, the agreement creates a new criminal-liability regime applying to both U.S. and Canadian preclearance officers. “Generally speaking, the inspecting party would have primary jurisdiction over its preclearance officers for offenses committed in the performance of official duties. Generally speaking, the host country would have primary criminal jurisdiction over acts committed by preclearance officers outside the performance of official duties,” states the backgrounder.



The deal won’t come into effect until both countries ratify it, which Canada aims to complete next year. “Both Canada and the U.S. recognize the importance of maintaining accountability for preclearance officers who may commit crimes in the host country, and appropriately holding those individuals accountable,” wrote Blaney’s spokesperson, Jean-Christophe De Le Rue, in an email.





Legal scholars worry about the ramifications of the agreement, though none of those contacted by the Star would offer an opinion without seeing more details of the deal. Paterson, however, pointed out that existing legislation governing airport preclearance doesn’t give an American officer in Canada jurisdiction over a traveller.



“They can’t use force against you. The most that they can do while you’re still on Canadian soil is refuse you entry to the United States. If you want to walk away, you can walk away. Now we’re contemplating that they may be able to use potentially lethal force?” he said.





In the coming months, the Canadian government will brief police and industry stakeholders and ask for input, though the level of detail provided is unclear. “There’s tons of questions that have been arising,” said Jean-Pierre Fortin, national president of the Customs and Immigration Union in Canada. “They’re keeping their cards close to their chest.”







Fortin had no details on how train preclearance would work, and speculated that officers might be placed in stations or they might be put on trains themselves.





While the deal is reciprocal and allows for Canadian border guards in the U.S., the current airport-only preclearance arrangement — which has existed in various forms for over 60 years — has only ever been implemented north of the border.






Could armed U.S. border guards be coming to Union Station? | Toronto Star