Senator Carstairs of the Canadian Senate has introduced a bill in the Canadian Senate which she claims is to facilitate cross-border travel and movement of goods between Canada and the United States. Preclearance law is defined as laws of the United States re: entry into the United States, and a preclearance officer is defined as persons authorized by the United States to perform preclearance duties in Canada. The act is to permit the administration of preclearance laws in Canada.

Senate Bill S-22 authorizes the preclearance officers to perform broad powers of search and detention of persons or goods. This would give a preclearance officer the authority under the act to:

Order anyone found in a preclearance area to report to him or her or leave the area,

Conduct a frisk search of a traveller under the following circumstances:

a) If the officer suspects that the person is carrying anything that would present a danger to human life or safety; and/or,

b) If the officer suspects that the traveller is carrying anything that would prove that he or she gave a false or deceptive answer to the officer's questions.

In addition, a preclearance officer would have the authority to detain a traveller if the preclearance officer suspects, on reasonable grounds, that a strip search is necessary for security reasons or to obtain evidence of a false or deceptive declaration. Only a Canadian officer may conduct a strip search.

The Canadian Snowbird Association is reviewing this legislation and determining if Canadians should be concerned, and what possible actions can be taken if required.

Section 110 ­ Border-Crossing Inspections

In 1996, the Congress of the United States passed sweeping changes to its immigration laws. The Illegal Immigration Reform and Immigrant Responsibility Act included section 110, which mandated that by September 30, 1998 there be in place an entry and exit control system at land borders and seaports that would collect a record of departure for every alien departing the United States and match the record of departure with the record of the alien's arrival in the United States. Prior to September, 1998, the Canadian government joined with representatives of many border states in protesting the implementation of such a system, on the basis that commerce between Canada and the United States would be unduly hampered, long delays would result at border crossings, and there would be great inconvenience to both Canadians and Americans, with no particular benefit if the system were implemented.

The opposition did have some results. In 1998, Congress passed and the President signed a bill which delayed the start of the system until October 15, 1998. Then, the Congress and Senate passed a second bill delaying the start of the system at land borders and seaports until March 30, 2001, and providing that the system should not significantly disrupt trade, tourism, or other legitimate cross-border traffic at land border ports of entry. This left the system to be implemented at airports only, and this has happened.

In 1999, efforts are continuing to help Canadians who are affected by this legislation. On March 25, 1999 Senator Spencer Abraham of Michigan introduced the Border Improvement and Immigration Act of 1999, Senate Bill S. 745, to amend section 110 of the 1996 law, by providing that the system shall not collect a record of arrival or departure at a land border or seaport of the United States for any alien. In his remarks in introducing the bill, he said that Representative Lamar Smith and Senator Simpson, the chairmen of the respective House and Senate subcommittees responsible for the 1996 legislation had both agreed, in an exchange of letters with the Canadian Ambassador, that section 110 was not intended to cover Canadians at the northern border. There were 25 Senators who co-sponsored the bill, which has been referred to the Senate Committee on the Judiciary.

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