Airport powers for U.S. agents too broad, lawyers say
Carstairs says bill introduced in Senate is needed to clarify authority in Canada's preclearance zones
Brian Laghi, Parliamentary Bureau, Ottawa

Federal legislation designed to give U.S. officers at Canadian airports wider search and detention powers is too sweeping and needs to be tempered, immigration lawyers say.

"I've got serious concerns about whether they need that much power," said Michael Greene, a Calgary immigration lawyer. "They are using a howitzer to catch gnats."

Mr. Greene, who sits on the executive of the Canadian Bar Association, said he plans to make his concern known to the Senate, where the bill was introduced in December.

The law gives U.S. border officials at Canadian airports the right to fine, detain and frisk U.S.-bound travellers suspected of illegal activity. Previously, travellers could simply leave the area and not get on the U.S.-bound plane if they didn't like the questions the U.S. officer asked, Mr. Greene said.

"What's wrong with changing your mind?" he asked. "Why can't the average Canadian be allowed to withdraw his application?"

Sharon Carstairs, the government deputy leader in the Senate, explained that the law is needed to clear up the role of U.S. border officers because it is unclear what authority they currently possess.

That came under scrutiny last year when a 30-year-old University of Calgary political science student, bound for Florida, was escorted by a U.S. official through Calgary airport's concourse to a bank machine to pay fines for attempted drug smuggling. At the time, Foreign Affairs Minister Lloyd Axworthy told the House of Commons that U.S. officials did not have the right to take such action.

Ms. Carstairs said yesterday that the new bill would bar such activity.

"That kind of thing is inappropriate and would remain inappropriate under this legislation," she said. "What is not clear right now is what [the officials' powers] are, and that's exactly the reason for this bill."

The U.S. officers work in airport preclearance zones, areas in Canadian airports where U.S. border officials prescreen people bound for U.S. destinations. Without preclearance, travellers from Canada would have to line up for customs and immigration services in the United States.

---

THE CSA PERSPECTIVE
If there is one issue that concerns every member of the Canadian Snowbird Association, it is what happens when crossing the Canada/U.S. border. In 1996, the United States Congress passed the Immigration Reform and Immigrant Responsibility Act, which contained provisions which, in effect, gave the border inspectors unbridled discretion as to allowing entry into the United States. Now, as reported in the accompanying article, the Canadian Senate has been presented legislation which would increase the powers of U.S. inspectors at preclearance centres in Canadian airports. It is reported that Senator Sharon Carstairs, who introduced the bill, considered the issue and bill to be "non-controversial;" to the Canadian Snowbird Association, anything which takes away the rights of Canadians as they cross the border is anything but "non-controversial." We have been concerned since 1996 with issues relating to border crossing!

The Canadian Snowbird Association intends to take a much stronger stand in this matter, and defend the ability of persons crossing the border to protect their rights. The following article reports what is currently happening in Ottawa.

­ Wallace J. Weylie, CSA Legal Counsel