Issue 31 - Customs Preclearance

Senator Sharon Carstairs "It was necessary to clarify the rules between the two countries, so we have treatment of our citizens that is appropriate. My concern, and I have to tell you right from the beginning, is that Charter rights be protected."

Mr. Greene agreed that a new law is needed, but said that letting U.S. officials detain people is going too far. He said allowing a U.S. official to request a strip-search is explosive. Under the legislation, such a search would be conducted by a Canadian officer.

The bill is also intended to give Canadian border officials the same rights in the United States. However, Canada has no Canadian preclearance zones in U.S. airports, and Toronto immigration lawyer Howard Greenberg said he finds it hard to believe U.S. authorities will allow Canadian border officials to frisk Americans travelling to Canada.

Mr. Greenberg said he intends to appear before the Senate to make known his concern that the bill must ensure the rights of Canadian-based travellers.

Ms. Carstairs said yesterday that it is not out of the ordinary for the Senate to introduce a non-controversial bill. She did concede that the new legislation is the object of some concern among members of the Senate's foreign affairs committee, which has asked for an extra day of hearings to study it.

Under the Canadian parliamentary system, the House of Commons normally introduces and debates legislation first, and the Senate examines it and votes on it later. Occasionally, the Senate passes a bill first, particularly if the House of Commons is busy.

A 30-year-old political science student at the University of Calgary was travelling to Miami last winter, planning when he was there to ask his girlfriend to marry him. At Calgary airport, a drug-sniffing dog sat down beside him, indicating that he might be carrying drugs. Customs officials searching his bag drew what he described as a "speck" from the bill of his baseball cap and put it in a bag containing a jelly-like substance. After shaking the bag for five minutes, an officer said the speck turned blue, which meant it was a controlled substance. The student was then strip-searched.

The man was told he faced a fine of $5,000 for taking a controlled substance into the United States, but if he paid $500 immediately and signed papers, he could go. A U.S. official escorted him to a bank machine in the airport concourse. The papers he signed said he had lied to U.S. officials when he told them he had no narcotics on him. He objected, but said later he feared that if he did not sign, his girlfriend would be strip-searched.




	Customs Preclearance

		DIFFERENT TIMES "No U.S. offical in any preclearance situation has the right to search and seizure of a Canadian citizen. We maintain that. We are asking for an investigation into the facts of this particular case." Foreign Affairs Minister Lloyd Axworthy, March 16, 1998 "It was necessary to clarify the rules between the two countries, so we have treatment of our citizens that is appropriate. My concern, and I have to tell you right from the beginning, is that Charter rights be protected." Senator Sharon Carstairs, March 3, 1999 Mr. Greene agreed that a new law is needed, but said that letting U.S. officials detain people is going too far. He said allowing a U.S. official to request a strip-search is explosive. Under the legislation, such a search would be conducted by a Canadian officer. The bill is also intended to give Canadian border officials the same rights in the United States. However, Canada has no Canadian preclearance zones in U.S. airports, and Toronto immigration lawyer Howard Greenberg said he finds it hard to believe U.S. authorities will allow Canadian border officials to frisk Americans travelling to Canada. Mr. Greenberg said he intends to appear before the Senate to make known his concern that the bill must ensure the rights of Canadian-based travellers. Ms. Carstairs said yesterday that it is not out of the ordinary for the Senate to introduce a non-controversial bill. She did concede that the new legislation is the object of some concern among members of the Senate's foreign affairs committee, which has asked for an extra day of hearings to study it. Under the Canadian parliamentary system, the House of Commons normally introduces and debates legislation first, and the Senate examines it and votes on it later. Occasionally, the Senate passes a bill first, particularly if the House of Commons is busy. BITTEN AT THE BORDER A 30-year-old political science student at the University of Calgary was travelling to Miami last winter, planning when he was there to ask his girlfriend to marry him. At Calgary airport, a drug-sniffing dog sat down beside him, indicating that he might be carrying drugs. Customs officials searching his bag drew what he described as a "speck" from the bill of his baseball cap and put it in a bag containing a jelly-like substance. After shaking the bag for five minutes, an officer said the speck turned blue, which meant it was a controlled substance. The student was then strip-searched. The man was told he faced a fine of $5,000 for taking a controlled substance into the United States, but if he paid $500 immediately and signed papers, he could go. A U.S. official escorted him to a bank machine in the airport concourse. The papers he signed said he had lied to U.S. officials when he told them he had no narcotics on him. He objected, but said later he feared that if he did not sign, his girlfriend would be strip-searched. He was then barred indefinitely from the U.S. Previous Page / Next Page

	\| Home \| Contact CSA \| Events \| Lifestyle \| Join CSA \| Press \| Magazine \|
	Copyright © 2003 Medipac International Inc. All rights reserved. Terms of Use