When federal Public Safety Minister Ralph Goodale introduced Bill C-23, the Preclearance Act in parliament, he positioned it as an effort to cement ties with the United States and ease movement of goods and travelers between the two countries. However, Canadian immigration lawyers have voiced concerns about the bill.
“Today, the Government of Canada demonstrated its commitment to strengthen its relationship with the United States and to ensure secure borders, by introducing the legislation required to implement the Canada-U.S. Preclearance Agreement,” Goodale said on June 17, 2016. “When it takes effect, the Agreement will provide the legal framework that will enable the expansion of preclearance operations in all modes of transportation – land, rail, marine and air.”
According to the CBC, pre-clearance allows Canadian visitors to the U.S. to clear U.S. Customs and Immigration while still in Canada at a Canadian port of departure. The service is currently offered at eight Canadian airports, including Toronto’s Pearson International, the Port of Vancouver and Vancouver’s Pacific Central Station, and some ferry routes between British Columbia and the State of Washington.
If the bill is introduced, Canadian immigration lawyers and rights watchdogs fears that the powers of United States border officials to question, search, and detain Canadian citizens on Canadian soil will be more. Under particular threat would be Canadian permanent residents who, like Canadian citizens, have an absolute right of entry.
Calgary lawyer Michael Greene, a former national chair of the Canadian Bar Association’s citizenship and immigration section, explained the issue to the CBC.
“A Canadian going to the U.S. through a pre-clearance area [on Canadian soil] can say ‘I don’t like the way [an interview is] going and I’ve chosen not to visit your country.’ And they can just turn around and walk out,” Greene said. “Under the new proposed bill, they wouldn’t be able to walk out. They can be held and forced to answer questions, first to identify themselves, which is not so offensive, but secondly to explain the reasons for leaving and to explain their reasons for wanting to withdraw. And that’s the part we think could be really offensive and goes too far.”
Bill C-23 would also give U.S. officials the right to conduct searches on Canadian soil, in some instances. And it would allow Canadian border agents at United States airports to bar Canadian permanent residents from flights to Canada, a feature of the Bill that Canadian immigration lawyers find particularly offensive.
Public Safety Canada has insisted that the powers granted to U.S. border agents would not be unlimited.
“The change is that once a traveller indicates their wish to withdraw, pre-clearance officers would be authorized to exercise certain authorities, such as question the travellers as to their identity and reason for withdrawing,” a spokesperson told the CBC. “This authority is provided in order protect the integrity of the border but can only be exercised to the extent that doing so would not unreasonably delay the traveller.”
If you have questions or concerns about federal Bill C-23, which is currently making its way through parliament, don’t hesitate to contact the Canadian immigration lawyers at Nanda & Associate today. They can help you understand your rights and how you could be affected by the impending law.
