'I'm appalled': Lawyers alarmed as Ottawa gives more powers to U.S. border officers at Canadian airports - CBC.ca | Canada News Media
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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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5 years ago

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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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Jacob Trouba says ‘there’s no animosity’ toward Rangers following trade rumors

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27 mins ago

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September 19, 2024

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GREENBURGH, N.Y. (AP) — New York Rangers defenseman Jacob Trouba said Thursday “there’s no animosity” toward the organization following an offseason in which his name was prominently mentioned in trade rumors.

“It’s part of the business of hockey,” Trouba said following the first day of training camp for the reigning Presidents’ Trophy-winning Rangers.

According to reports, Rangers president and general manager Chris Drury had negotiated a trade that would send New York’s captain to Detroit in late June. The trade fell apart, however, when Trouba submitted his 15-team no-trade list to the Rangers on June 30 and included the Red Wings on it.

“Obviously, had the no-move that turned into the partial no-trade,” said Trouba, whom New York acquired in a trade with Winnipeg in June 2019 and signed to a seven-year, $56 million contract one month later. “That’s life, contracts, hockey business, whatever you want to call it.

“I knew that was coming that summer. It’s not by surprise. It was obviously something that was negotiated at the time.”

The 30-year-old’s insistence that his relationship with Drury is fine echoes what the executive said in a pre-training camp conference call with reporters.

“Jacob and I talk all the time as GM and captain should,” Drury said. “We’ve had a number of different conversations over the course of the summer on a lot of different things. He is very clear as to where he stands with me and what I think of him as a player and as a leader.”

Still, Trouba realizes that the 2024-25 season is likely the last for the current iteration of the Original Six franchise. The Rangers have qualified for the Stanley Cup Playoffs in each of the last three seasons, and have reached the Eastern Conference Finals in 2022 and 2024. Following last spring’s six-game series loss to the eventual Stanley Cup champion Florida Panthers, Drury wondered aloud in a conference call with reporters if the Rangers’ core players could lead the franchise to a Stanley Cup.

“(It’s) an opportunity that we have in front of us that in all likelihood will probably be the last crack for this core,” Trouba said. “I don’t think that’s a secret by any means. (A) group that’s kind of grown together, spent some years together here, and there’s something we want to accomplish.”

___

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Veterans Tyson Beukeboom, Karen Paquin lead Canada’s team at WXV rugby tournament

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30 mins ago

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September 19, 2024

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Veterans Tyson Beukeboom and Karen Paquin will lead Canada at the WXV 1 women’s rugby tournament starting later this month in the Vancouver area.

WXV 1 includes the top three teams from the Women’s Six Nations (England, France and Ireland) and the top three teams from the Pacific Four Series (Canada, New Zealand, and the United States).

Third-ranked Canada faces No. 4 France, No. 7 Ireland and No. 1 England in the elite division of the three-tiered WXV tournament that runs Sept. 29 to Oct. 12 in Vancouver and Langley, B.C. No. 2 New Zealand and the eighth-ranked U.S. make up the six-team WVX 1 field.

“Our preparation time was short but efficient. This will be a strong team,” Canada coach Kevin Rouet said in a statement. “All the players have worked very hard for the last couple of weeks to prepare for WXV and we are excited for these next three matches and for the chance to play on home soil here in Vancouver against the best rugby teams in the world.

“France, Ireland and England will each challenge us in different ways but it’s another opportunity to test ourselves and another step in our journey to the Rugby World Cup next year.”

Beukeboom serves as captain in the injury absence of Sophie de Goede. The 33-year-old from Uxbridge, Ont., earned her Canadian-record 68th international cap in Canada’s first-ever victory over New Zealand in May at the Pacific Four Series.

Twenty three of the 30 Canadian players selected for WXV 1 were part of that Pacific Four Series squad.

Rouet’s roster includes the uncapped Asia Hogan-Rochester, Caroline Crossley and Rori Wood.

Hogan-Rochester and Crossley were part of the Canadian team that won rugby sevens silver at the Paris Olympics, along with WXV teammates Fancy Bermudez, Olivia Apps, Alysha Corrigan and Taylor Perry. Wood is a veteran of five seasons at UBC.

The 37-year-old Paquin, who has 38 caps for Canada including the 2014 Rugby World Cup, returns to the team for the first time since the 2021 World Cup.

Canada opens the tournament Sept. 29 against France at B.C. Place Stadium in Vancouver before facing Ireland on Oct. 5 at Willoughby Stadium at Langley Events Centre, and England on Oct. 12 at B.C. Place.

The second-tier WXV 2 and third-tier WXV 3 are slated to run Sept. 27 to Oct. 12, in South Africa and Dubai, respectively.

WXV 2 features Australia, Italy, Japan, Scotland, South Africa and Wales while WXV 3 is made up of Fiji, Hong Kong, Madagascar, the Netherlands, Samoa and Spain.

The tournament has 2025 World Cup qualification implications, although Canada, New Zealand and France, like host England, had already qualified by reaching the semifinals of the last tournament.

Ireland, South Africa, the U.S., Japan, Fiji and Brazil have also booked their ticket, with the final six berths going to the highest-finishing WXV teams who have not yet qualified through regional tournaments.

Canada’s Women’s Rugby Team WXV 1 Squad

Forwards

Alexandria Ellis, Ottawa, Stade Français Paris (France); Brittany Kassil, Guelph, Ont., Guelph Goats; Caroline Crossley, Victoria, Castaway Wanderers; Courtney Holtkamp, Rimbey, Alta., Red Deer Titans Rugby; DaLeaka Menin, Vulcan, Alta., Exeter Chiefs (England); Emily Tuttosi, Souris, Man., Exeter Chiefs (England); Fabiola Forteza, Quebec City, Stade Bordelais (France); Gabrielle Senft, Regina, Saracens (England); Gillian Boag, Calgary, Gloucester-Hartpury (England); Julia Omokhuale, Calgary, Leicester Tigers (England); Karen Paquin, Quebec City, Club de rugby de Quebec; Laetitia Royer, Loretteville, Que., ASM Romagnat (France); McKinley Hunt, King City, Ont., Saracens (England); Pamphinette Buisa, Gatineau, Que., Ottawa Irish; Rori Wood, Sooke, B.C., College Rifles RFC; Sara Cline, Edmonton, Leprechaun Tigers; Tyson Beukeboom, Uxbridge, Ont., Ealing Trailfinders (England);

Backs

Alexandra Tessier, Sainte-Clotilde-de-Horton, Que., Exeter Chiefs (England); Alysha Corrigan, Charlottetown, P.E.I., CRFC; Asia Hogan-Rochester, Toronto, Toronto Nomads; Claire Gallagher, Caledon, Ont., Leicester Tigers (England); Fancy Bermudez, Edmonton, Saracens (England); Julia Schell, Uxbridge, Ont., Ealing Trailfinders (England); Justine Pelletier, Rivière-du-Loup, Que, Stade Bordelais (France); Mahalia Robinson, Fulford, Que., Town of Mount Royal RFC; Olivia Apps, Lindsay, Ont., Lindsay RFC; Paige Farries, Red Deer, Alta., Saracens (England); Sara Kaljuvee, Ajax, Ont., Westshore RFC; Shoshanah Seumanutafa, White Rock, B.C., Counties Manukau (New Zealand); Taylor Perry, Oakville, Ont., Exeter Chiefs (England).

—

Follow @NeilMDavidson on X platform, formerly known as Twitter

This report by The Canadian Press was first published Sept. 18, 2024.



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Vancouver Canucks star goalie Thatcher Demko working through rare muscle injury

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30 mins ago

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September 19, 2024

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PENTICTON, B.C. – Vancouver Canucks goalie Thatcher Demko says he’s been working his way back from a rare lower-body muscle injury since being sidelined in last season’s playoffs.

The 28-year-old all star says the rehabilitation process has been frustrating, but he has made good progress in recent weeks and is confident he’ll be able to return to playing.

He says he and his medical team have spent the last few months talking to specialists around the world, and have not found a single other hockey player who has dealt with the same injury.

Demko missed several weeks of the last season with a knee ailment and played just one game in Vancouver’s playoff run last spring before going down with the current injury.

He was not on the ice with his teammates as the Canucks started training camp in Penticton, B.C., on Thursday, but skated on his own before the sessions began.

Demko posted a 35-14-2 record with a .918 percentage, a 2.45 goals-against average and five shutouts for Vancouver last season.

This report by The Canadian Press was first published Sept. 19, 2024.

The Canadian Press. All rights reserved.



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