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'I'm appalled': Lawyers alarmed as Ottawa gives more powers to U.S. border officers at Canadian airports – CBC.ca

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Concerns are mounting over added powers Ottawa has granted U.S. customs officers to strip-search, question and detain U.S.-bound travellers — on Canadian soil.

The changes are part of Canada’s new preclearance act, which the federal government says will enhance border security and make travel to the U.S. easier.

But Pantea Jafari, an Iranian-Canadian immigration lawyer, fears it could make travel more difficult for her.

That’s because the act gives U.S. customs officers in Canada broader interrogation powers — at a time when the U.S. has toughened its stance on immigration and has increasingly hostile relations with Iran.

“I will not allow a border officer to have access to me and have unfettered right to question me to no end,” said Jafari, who’s based in Toronto and serves many Iranian clients. 

Since the preclearance act took effect in August, she has stopped travelling to the U.S. and says the country’s current standoff with Iran has only strengthened her resolve. 

“My concerns of going to the U.S. have now 100 times increased.”

Toronto immigration lawyer Pantea Jafari had laid out her concerns about the new preclearance act at a Senate committee hearing in 2017. (Senate of Canada)

Preclearance act explained

Canada’s new preclearance act overrides a previous agreement with the United States that allowed travellers to clear U.S. customs in preclearance zones at Canadian airports, before flying across the border. Eight major Canadian airports already have preclearance areas — and the new act paves the way for more zones involving all modes of transport.

Proponents say preclearance offers many benefits, including allowing Canadians to clear U.S. customs in their own country.

“They land in the U.S. as a domestic passenger, so you don’t have to go through long lineups,” said Gerry Bruno, co-chair of the Beyond Preclearance Coalition, an industry group supporting efficient Canada-U.S. border travel. 

A scene from a preclearance explainer video showing the benefits of clearing U.S. customs, before actually flying into the country. (Toronto Pearson Airport/YouTube)

While they don’t dispute the benefits of preclearance, some immigration lawyers claim the new act could jeopardize Canadian rights. 

The big concern is that American preclearance officers could now further interrogate Canadians who withdraw their application to enter the U.S., perhaps because they feel uncomfortable during a customs inspection.

Previously, law-abiding travellers could simply leave and return home, because they were still on Canadian soil. 

Now they could be detained — even handed over to Canadian authorities to face charges — for refusing to answer questions about why they’re withdrawing.

“You say, ‘I think you’re racially profiling me and I’m offended. I don’t want to go to your country, I want to leave,'” said Calgary-based immigration lawyer Michael Greene. “[U.S. officers are] entitled to examine those reasons and if they think you’re not being truthful, they’re entitled to detain you.”

Government defends changes

Jafari said the new rules are particularly concerning for racialized populations, such as those of Middle Eastern descent, who could be targeted for questioning. 

“We’re the ones that are deemed the threat, right; the domestic threat of some sort that they need to data mine.”

Public Safety Canada said the withdrawal rules were revamped to prevent bad actors from probing preclearance zones in search of a weak entry point.

“Allowing a traveller to withdraw without any type of examination creates challenges in terms of border security,” spokesperson Tim Warmington said in an email.

He added that U.S. preclearance officers questioning travellers who opt to withdraw can’t “unreasonably delay” them.

But what constitutes an “unreasonable” delay could be open to interpretation, argues Greene.

“When you look at it from the U.S. perspective of wanting to protect the security of the country, that could result in some very extensive questioning,” he said.

Protected by Canadian rights?

Bruno said that law-abiding travellers shouldn’t encounter problems at the preclearance zones, and maintains that it beats clearing customs in the U.S., where you “can’t withdraw.”

“You’re there. You’re subject to U.S. laws,” he said.

U.S. preclearance officers in Canada must follow Canadian laws, including the charter and Human Rights Act. In 2017, Prime Minister Justin Trudeau made this point when defending the new act — before it had become law. 

“There is extra protection,” he told The Canadian Press

However, Canada’s privacy commissioner has argued that protection appears to be “hollow” due to Canada’s State Immunity Act, which grants the U.S. government immunity in most cases.

“A Canadian who believes a U.S. customs official has broken Canadian law has little recourse in the courts,” states the Office of the Privacy Commissioner’s website

Right to strip-search?

Immigration lawyers are also concerned that under the new act, U.S. preclearance officers can now strip-search Canadian travellers.

Public Safety spokesperson Warmington said that U.S. officers must have reasonable grounds to do the search and that it will only happen in rare circumstances “where Canadian [border] officers are unable to respond or decline.”

Immigration lawyer Len Saunders said he’s been swamped with calls from Canadians distraught and confused over receiving a five-year ban at a Canada-U.S. land crossing. He’s now worried about what might happen in airport preclearance zones.

Immigration lawyer Len Saunders said his concerns with the act are compounded by the fact that some customs officers appear to be getting tougher at U.S. land crossings along the country’s northern border.

In 2019, U.S. Customs and Border Patrol doled out almost double the number of five-year bans to travellers crossing from Canada, compared to 2018.

“When the Americans are treating Canadians like this on American soil, why would you allow them so much autonomy on Canadian soil?” said Saunders, whose office sits close to the Canadian border in Blaine, Wash.

“I’m appalled by what the Canadian government has agreed to.”

Travellers who feel mistreated can submit feedback to a “preclearance consultative group” set up to provide oversight, said Warmington. 

He also pointed out that Canadian customs officers will have equal powers in U.S. preclearance zones.

Canada currently has no preclearance zones in the U.S., but Warmington said the government is “exploring the potential.”

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My Boy Prince to race against older horses in $1-million Woodbine Mile

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TORONTO – He’s firmly among Canada’s top three-year-olds but My Boy Prince faces a stiff test Saturday at Woodbine Racetrack.

The ’24 King’s Plate runner-up will be part of a global field in the $1-million Woodbine Mile turf event. Not only will it be My Boy Prince’s first race against older competition but among the seven other starters will be such horses as Naval Power (Great Britain), Big Rock (France) and Filo Di Arianna (Brazil).

My Boy Prince will race for the first time since finishing second to filly Caitlinhergrtness in the Plate on Aug. 23.

“It’s his first try against older horses and it’s hard to say where he fits in,” said trainer Mark Casse. “This time of year running a three-year-old against older horses, it’s like running a teenager against college athletes.

“We’re doing it because we believe a mile on the turf is his preferred surface … we wanted to give him a shot at this. (American owner Gary Barber) is someone who likes to think outside the box and take calculated risks so we’re going to see where he fits in.”

Casse, 16 times Canada’s top trainer, is a Hall of Famer both here and in the U.S. He’s also a two-time Woodbine Mile winner with filly Tepin (2016) and World Approval (2017).

Sahin Civaci will again ride My Boy Prince, Canada’s top two-year-old male who has six wins and 10 money finishes (6-3-1) in 11 career starts. The horse will be one of three Casse trainees in the race with Filo Di Arianna (ridden by Sovereign Award winner Kazushi Kimura) and Win for the Money (veteran Woodbine jockey Patrick Husbands aboard).

Naval Power, a four-year-old, has finished in the money in eight of nine starts (six wins, twice second) and will race in Canada for the first time. He comes to Woodbine with second-place finishes in two Grade 1 turf races.

Big Rock, another four-year-old, makes his North American debut Saturday. The horse has five wins and five second-place finishes in 14 starts but has struggled in ’24, finishing sixth, 10th and fifth in three races.

Filo Di Arianna is a four-time graded stakes winner with nine victories, three seconds and a third from 17 starts. It was Canada’s ’22 top male sprinter and champion male turf horse.

Other starters include Playmea Tune, Niagara Skyline and Secret Reserve.

Playmea Tune, a four-year-old, is trained by Josie Carrol. The gelding has made three starts, winning twice and finishing second in the Grade 3 Bold Venture on Aug. 23.

Woodbine-based Niagara Skyline is a six-year-old with 13 money finishes (six wins, five seconds, twice third) in 24-lifetime starts. The John Charlambous trainee has reached the podium (1-1-1) in all three races this year.

Secret Reserve, also a six-year-old, has finished in the money in 15-of-26 starts (six wins, one second, eight thirds). The horse, at 44-1, was third in the Grade 2 King Edward Stakes over a mile on the E.P. Taylor turf course.

The Mile highlights a stellar card featuring six graded stakes races. Also on tap are the $750,000 E.P. Taylor Stakes (fillies and mares), $500,000 bet365 Summer Stakes (two-year-olds) and $500,000 Johnnie Walker Natalma Stakes (two-year-old fillies), all Grade 1 turf events.

The Mile, Natalma and Summer winners earn automatic entries into the Breeders’ Cup at Del Mar in November.

Casse has won all four races, earning his first E.P. Taylor title last year with filly Fev Rover, Canada’s horse of the year and champion female turf horse. Fev Rover will defend her title Saturday against a field that includes Moira, the ’22 King’s Plate winner and Canada’s horse of the year trained by Woodbine’s Kevin Attard.

“It (E.P. Taylor) was definitely on my bucket list because it had eluded us,” Casse said. “But I honestly hadn’t realized I’d won all four of them, hadn’t really thought about it.”

Casse will have horses in all four turf races Saturday. Arguably the most intriguing matchup will be between Moira and Fev Rover, who ran 1-2, respectively, in a photo finish Aug. 11 in the Grade 2 Beverly D. Stakes, a 1 3/16-mile turf race, at Virginia’s Colonial Downs.

“What’s funny is the two of them went all the way to Virginia and she beat us by a nose,” Casse said. “We could’ve done that at Woodbine.

“There’s two of the best fillies in the world both from Toronto and they’re going to be competing Saturday.”

Some question having so many solid races on a single card but Casse likes the strategy.

“I think it’s a good thing,” he said. “On Saturday, the main focus on horse racing in the world will be on Woodbine and that’s because it’s such a great card.

“It’s an international day, there’s horses coming from everywhere and we’re going to do our best to represent Canada.”

This report by The Canadian Press was first published Sept. 13, 2024.



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Former world No. 1 Sharapova wins fan vote for International Tennis Hall of Fame

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NEWPORT, R.I. (AP) — Maria Sharapova, a five-time Grand Slam singles champion, led the International Tennis Hall of Fame’s fan vote her first year on the ballot — an important part to possible selection to the hall’s next class.

The organization released the voting results Friday. American doubles team Bob and Mike Bryan finished second with Canada’s Daniel Nestor third.

The Hall of Fame said tens of thousands of fans from 120 countries cast ballots. Fan voting is one of two steps in the hall’s selection process. The second is an official group of journalists, historians, and Hall of Famers from the sport who vote on the ballot for the hall’s class of 2025.

“I am incredibly grateful to the fans all around the world who supported me during the International Tennis Hall of Fame’s fan votes,” Sharapova said in a statement. “It is a tremendous honor to be considered for the Hall of Fame, and having the fans’ support makes it all the more special.”

Sharapova became the first Russian woman to reach No. 1 in the world. She won Wimbledon in 2004, the U.S. Open in 2006 and the Australian Open in 2008. She also won the French Open twice, in 2012 and 2014.

Sharapova was also part of Russia’s championship Fed Cup team in 2008 and won a silver medal at the London Olympics in 2012.

To make the hall, candidates must receive 75% or higher on combined results of the official voting group and additional percentage from the fan vote. Sharapova will have an additional three percentage points from winning the fan vote.

The Bryans, who won 16 Grand Slam doubles titles, will have two additional percentage points and Nestor, who won eight Grand Slam doubles titles, will get one extra percentage point.

The hall’s next class will be announced late next month.

___

AP tennis:

The Canadian Press. All rights reserved.



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Roots sees room for expansion in activewear, reports $5.2M Q2 loss and sales drop

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TORONTO – Roots Corp. may have built its brand on all things comfy and cosy, but its CEO says activewear is now “really becoming a core part” of the brand.

The category, which at Roots spans leggings, tracksuits, sports bras and bike shorts, has seen such sustained double-digit growth that Meghan Roach plans to make it a key part of the business’ future.

“It’s an area … you will see us continue to expand upon,” she told analysts on a Friday call.

The Toronto-based retailer’s push into activewear has taken shape over many years and included several turns as the official designer and supplier of Team Canada’s Olympic uniform.

But consumers have had plenty of choice when it comes to workout gear and other apparel suited to their sporting needs. On top of the slew of athletic brands like Nike and Adidas, shoppers have also gravitated toward Lululemon Athletica Inc., Alo and Vuori, ramping up competition in the activewear category.

Roach feels Roots’ toehold in the category stems from the fit, feel and following its merchandise has cultivated.

“Our product really resonates with (shoppers) because you can wear it through multiple different use cases and occasions,” she said.

“We’ve been seeing customers come back again and again for some of these core products in our activewear collection.”

Her remarks came the same day as Roots revealed it lost $5.2 million in its latest quarter compared with a loss of $5.3 million in the same quarter last year.

The company said the second-quarter loss amounted to 13 cents per diluted share for the quarter ended Aug. 3, the same as a year earlier.

In presenting the results, Roach reminded analysts that the first half of the year is usually “seasonally small,” representing just 30 per cent of the company’s annual sales.

Sales for the second quarter totalled $47.7 million, down from $49.4 million in the same quarter last year.

The move lower came as direct-to-consumer sales amounted to $36.4 million, down from $37.1 million a year earlier, as comparable sales edged down 0.2 per cent.

The numbers reflect the fact that Roots continued to grapple with inventory challenges in the company’s Cooper fleece line that first cropped up in its previous quarter.

Roots recently began to use artificial intelligence to assist with daily inventory replenishments and said more tools helping with allocation will go live in the next quarter.

Beyond that time period, the company intends to keep exploring AI and renovate more of its stores.

It will also re-evaluate its design ranks.

Roots announced Friday that chief product officer Karuna Scheinfeld has stepped down.

Rather than fill the role, the company plans to hire senior level design talent with international experience in the outdoor and activewear sectors who will take on tasks previously done by the chief product officer.

This report by The Canadian Press was first published Sept. 13, 2024.

Companies in this story: (TSX:ROOT)

The Canadian Press. All rights reserved.



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