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Internal documents show CBSA scenarios to decide who gets across the border — and who doesn't – CBC.ca

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Internal documents obtained by CBC/Radio-Canada give insight into how Canadian border officials are deciding who to let into the country —  and who to turn away — during the COVID-19 pandemic.

Several Canadian families have told CBC News of the heartbreak they have experienced being separated due to restrictions at the Canada-U.S. border.

Among them are a young Canadian woman who has to organize the family’s move to another city on her own because her American husband was not allowed to enter Canada; a Canadian man in his 50s who suffers from panic attacks and has been forced to live without the support of his American spouse since March 25; and a pregnant Canadian woman whose American husband was banned from crossing the border.

Some Americans have been denied entry at the border even though the Order in Council issued by the federal government on March 26 that was in effect at the time stipulated that immediate family members of Canadian citizens and permanent residents were allowed to enter Canada unless “the purpose of their trip is optional or discretionary, such as tourism, recreation or entertainment.”

Internal documents from the Canada Border Services Agency (CBSA) illustrate how border agents arrived at their decisions about what is essential travel and is “discretionary/optional.”

62 scenarios

One of the internal CBSA documents contains a list of 62 different scenarios. The fictitious cases are considered plausible to occur at the border and include individual circumstances an officer must take into account when making a decision about who can and cannot cross into the country.

Some of the scenarios involving family reunification have nuances and exceptions: many have the notation “dependent/depends on circumstances.” A specific detail can sometimes mean the difference between someone allowed entry into the country or being refused, according to explanations within the document.

Here are some of the scenarios, and the reasons CBSA may or may not allow entry:

  • Foreign national coming to Canada to temporarily reside with spouse or immediate family during the pandemic: CBSA says it considers circumstances such as whether the individual is trying to avoid the pandemic in the U.S. or trying to ensure their partner’s health and well-being.
  • Coming to visit Canadian spouse during days off: CBSA deems this non-essential/discretionary.
  • Coming to be a caregiver for a Canadian family member (pregnancy, disabilities or elderly): CBSA says it considers factors such as whether there are other options for caring for the family member.
  • Coming to Canada for the birth of a child: CBSA says it takes into account factors such as Canadian hospital restrictions on visitation, which may prohibit a visitor who has travelled outside the country in the past 14 days.
  • A spouse or child crossing the border with a truck driver transporting essential goods may be admitted if they have no other way home or if they are a co-driver, but may be turned away if they do have alternate ways to return home.

A lack of clear guidelines can lead to arbitrary decisions, says Negar Achtari, an immigration lawyer in Ottawa who read over the various scenarios.

“Quite a few of these scenarios fall into the ‘it depends’ category, which means that ultimately the interpretation of the situation is up to the border officer,” she said in a French-language interview. “So a person travelling to Canada has no guarantee, cannot know if they are going to be admitted.”

She said simple and clear directives are necessary for both border officers and travellers to be able to navigate the current conditions, and she wants family reunification to be recognized as a valid reason for essential travel. 

When contacted by CBC/Radio-Canada, the CBSA did not address the issue of interpretation of the guidelines but said that agents are acting to stem the spread of the virus. 

“Border services officers at Canada’s international ports of entry apply additional measures required at the border to prevent the spread of serious communicable diseases in Canada,” CBSA wrote in a statement to Radio-Canada.

Possible changes coming

Last week, Prime Minister Justin Trudeau said he was considering easing the rules at the U.S. border to allow immediate family members to reconnect.

WATCH | Trudeau questioned about the U.S border and family reunification

Prime Minister Justin Trudeau spoke with reporters on Friday. 1:45

“We have been looking at ways at perhaps allowing close family members — children, spouses or parents of Canadian citizens or permanent residents — to be able to reunite under strict conditions through a slight modification of the directives for the Canadian Border Services Agency.”

However, Trudeau acknowledged that the proposed relaxation of the rules wasn’t welcomed by all provinces. 

For now, the Canada-U.S. border remains closed to non-essential travel until June 21.

Read the CBSA’s document of sample scenarios for determining entry from the U.S.

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Suspicious deaths of two N.S. men were the result of homicide, suicide: RCMP

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Nova Scotia RCMP say their investigation into two suspicious deaths earlier this month has concluded that one man died by homicide and the other by suicide.

The bodies of two men, aged 40 and 73, were found in a home in Windsor, N.S., on Sept. 3.

Police say the province’s medical examiner determined the 40-year-old man was killed and the 73-year-old man killed himself.

They say the two men were members of the same family.

No arrests or charges are anticipated, and the names of the deceased will not be released.

RCMP say they will not be releasing any further details out of respect for the family.

This report by The Canadian Press was first published Sept. 16, 2024.

The Canadian Press. All rights reserved.



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Turning the tide: Quebec premier visits Cree Nation displaced by hydro project in 70s

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For the first time in their history, members of the Cree community of Nemaska received a visit from a sitting Quebec premier on Sunday and were able to share first-hand the story of how they were displaced by a hydroelectric project in the 1970s.

François Legault was greeted in Nemaska by men and women who arrived by canoe to re-enact the founding of their new village in the Eeyou Istchee James Bay region, in northern Quebec, 47 years ago. The community was forced in the early 1970s to move from its original location because members were told it would be flooded as part of the Nottaway-Broadback-Rupert hydro project.

The reservoir was ultimately constructed elsewhere, but by then the members of the village had already left for other places, abandoning their homes and many of their belongings in the process.

George Wapachee, co-author of the book “Going Home,” said community members were “relocated for nothing.”

“We didn’t know what the rights were, or who to turn to,” he said in an interview. “That turned us into refugees and we were forced to abandon the life we knew.”

Nemaska’s story illustrates the challenges Legault’s government faces as it looks to build new dams to meet the province’s power needs, which are anticipated to double by 2050. Legault has promised that any new projects will be developed in partnership with Indigenous people and have “social acceptability,” but experts say that’s easier said than done.

François Bouffard, an associate professor of electrical engineering at McGill University, said the earlier era of hydro projects were developed without any consideration for the Indigenous inhabitants living nearby.

“We live in a much different world now,” he said. “Any kind of hydro development, no matter where in Quebec, will require true consent and partnership from Indigenous communities.” Those groups likely want to be treated as stakeholders, he added.

Securing wider social acceptability for projects that significantly change the landscape — as hydro dams often do — is also “a big ask,” he said. The government, Bouchard added, will likely focus on boosting capacity in its existing dams, or building installations that run off river flow and don’t require flooding large swaths of land to create reservoirs.

Louis Beaumier, executive director of the Trottier Energy Institute at Polytechnique Montreal, said Legault’s visit to Nemaska represents a desire for reconciliation with Indigenous people who were traumatized by the way earlier projects were carried about.

Any new projects will need the consent of local First Nations, Beaumier said, adding that its easier to get their blessing for wind power projects compared to dams, because they’re less destructive to the environment and easier around which to structure a partnership agreement.

Beaumier added that he believes it will be nearly impossible to get the public — Indigenous or not — to agree to “the destruction of a river” for a new dam, noting that in recent decades people have come to recognize rivers as the “unique, irreplaceable riches” that they are.

Legault’s visit to northern Quebec came on Sept. 15, when the community gathers every year to remember the founding of the “New Nemaska,” on the shores of Lake Champion in the heart of the boreal forest, some 1,500 kilometres from Montreal. Nemaska Chief Clarence Jolly said the community invited Legault to a traditional feast on Sunday, and planned to present him with Wapachee’s book and tell him their stories.

The book, published in 2022 along with Susan Marshall, is filled with stories of Nemaska community members. Leaving behind sewing machines and hunting dogs, they were initially sent to two different villages, Wapachee said.

In their new homes, several of them were forced to live in “deplorable conditions,” and some were physically and verbally abused, he said. The new village of Nemaska was only built a few years later, in 1977.

“At this time, families were losing their children to prison-schools,” he said, in reference to the residential school system. “Imagine the burden of losing your community as well.”

Thomas Jolly, a former chief, said he was 15 years old when he was forced to leave his village with all his belongings in a single bag.

Meeting Legault was important “because have to recognize what happened and we have to talk about the repercussions that the relocation had on people,” he said, adding that those effects are still felt today.

Earlier Sunday, Legault was in the Cree community of Eastmain, where he participated in the official renaming of a hydro complex in honour of former premier Bernard Landry. At the event, Legault said he would follow the example of his late predecessor, who oversaw the signing of the historic “Paix des Braves” agreement between the Quebec government and the Cree in 2002.

He said there is “significant potential” in Eeyou Istchee James Bay, both in increasing the capacity of its large dams and in developing wind power projects.

“Obviously, we will do that with the Cree,” he said.

This report by The Canadian Press was first published Sept. 16, 2024.



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Quebec premier visits Cree community displaced by hydro project in 1970s

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NEMASKA – For the first time in their history, members of the Cree community of Nemaska received a visit from a sitting Quebec premier on Sunday and were able to share first-hand the story of how they were displaced by a hydroelectric project in the 1970s.

François Legault was greeted in Nemaska by men and women who arrived by canoe to re-enact the founding of their new village in the Eeyou Istchee James Bay region, in northern Quebec, 47 years ago. The community was forced in the early 1970s to move from their original location because they were told it would be flooded as part of the Nottaway-Broadback-Rupert hydro project.

The reservoir was ultimately constructed elsewhere, but by then the members of the village had already left for other places, abandoning their homes and many of their belongings in the process.

George Wapachee, co-author of the book “Going Home,” said community members were “relocated for nothing.”

“We didn’t know what the rights were, or who to turn to,” he said in an interview. “That turned us into refugees and we were forced to abandon the life we knew.”

The book, published in 2022 by Wapachee and Susan Marshall, is filled with stories of Cree community members. Leaving behind sewing machines and hunting dogs, they were initially sent to two different villages, 100 and 300 kilometres away, Wapachee said.

In their new homes, several of them were forced to live in “deplorable conditions,” and some were physically and verbally abused, he said. The new village of Nemaska was only built a few years later, in 1977.

“At this time, families were losing their children to prison-schools,” he said, in reference to the residential school system. “Imagine the burden of losing your community as well.”

Legault’s visit came on Sept. 15, when the community gathers every year to remember the founding of the “New Nemaska,” on the shores of Lake Champion in the heart of the boreal forest, some 1,500 kilometres from Montreal. Nemaska Chief Clarence Jolly said the community invited Legault to a traditional feast on Sunday, and planned to present him with Wapachee’s book and tell him their stories.

Thomas Jolly, a former chief, said he was 15 years old when he was forced to leave his village with all his belongings in a single bag.

Meeting Legault was important “because have to recognize what happened and we have to talk about the repercussions that the relocation had on people,” he said, adding that those effects are still felt today.

Earlier Sunday, Legault had been in the Cree community of Eastmain, where he participated in the official renaming of a hydro dam in honour of former premier Bernard Landry.

This report by The Canadian Press was first published Sept. 16, 2024.

The Canadian Press. All rights reserved.



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