Harper Plans To Permanently Legalize Certain American Agencies To Operate In Canada

[key2thecup]

Accountability questions arise in cross-border policing law

Public Safety outlines safeguards; NDP MP Brian Masse wants amendments studied as separate bill.

The Harper government's plan to permanently legalize the ability of certain American agents to cross the border and enforce Canadian law in shared waterways will include aerial police surveillance over land, raising several questions over national jurisdiction and police accountability in the minds of opposition and academic observers.

But a spokesperson for Public Safety Minister Vic Toews said the plan is an important partnership between the two countries, and improves the border's safety, efficiency, and effectiveness.

The cross-border policing plan, officially known as Integrated Cross-Border Maritime Law Enforcement Operations and colloquially as Shiprider, started as a series of pilot projects allowing agents to cross each other's maritime border and enforce each other's laws at one-time events like the Super Bowl, the Olympics, and the G20.

Now, the government is moving to entrench this idea permanently in Canadian law by changing the RCMP Act, the Criminal Code, and the Customs Act. The changes were bundled in the Harper government's Budget Implementation Act, tabled in the House on April 26.

If passed, these amendments would also pave the way for a new land-based version of the program by this summer, according to the Canada-US perimeter security plan. The RCMP has said this land-based program could hand US Federal Bureau of Investigation and Drug Enforcement Administration agents access to Canadian soil.

The proposed amendments add to the Criminal Code's definition of "peace officer" to include such officers, and also change some sections of the Customs Act.

The changes state that cross-border law enforcement must respect the sovereignty of both countries, involve a designated officer from the host country, and, in Canada, be conducted in a manner respecting the Canadian Charter of Rights and Freedoms.

Aerial surveillance over land

Emily Gilbert, director of the Canadian Studies Program in University College at the University of Toronto, said there are several unanswered questions about the proposed changes.

One concern is that the changes refer to a special designation for any "pilot, co-pilot, observer or other member of the crew of an aircraft" operated by the RCMP or provincial police and used to provide aerial support for cross-border maritime operations.

"I think that that's going to raise all kinds of questions around territoriality, and sovereignty, but also all the ongoing issues around surveillance, and information and privacy," said Ms. Gilbert.

Department of Public Safety spokesperson Jessica Slack wrote in an email that "no specific geographic limitations are placed on the actual aerial support activities and as such...[there] may be occasions when the flight path will pass over land."

She also made it clear that US agents must adhere to Canadian law, including privacy laws, when gathering information or sharing it within Canada.

This includes limiting the scope of information sharing, placing caveats on the circumstances for further sharing, and notification requirements when information must be further shared, she wrote, and there are also mechanisms in place to ensure appropriate storage, maintenance, correction, and destruction of information.

Yet Ms. Gilbert also had concerns about how far into Canada the cross-border agents' power would extend. As well, she was unsure how permanent the powers given to agents would be.

Cross-border agents can only operate in "undisputed, shared waterways along the Canada-US border," wrote Ms. Slack, and officers can only maintain their status during the course of an operation, and during activities related to that operation.

But she did state that Shiprider operations could become regular operations in some "targeted, high-risk areas," or used "on a case by case basis in other regions"—as well as their more traditional role of bolstering security for special events.

Another issue is a complaints mechanism.

Any member of the public will be permitted to complain about cross-border officers. The complaints, which according to the wording of the amendments, relate to agents' performance during a cross-border operation, must be acknowledged in writing. The police, and in some cases the officer, also must be told.

"That's important, and I'm glad that it's in there," said Ms. Gilbert.

"But...there's only this avenue for registering a public complaint. There's no sense that it will be addressed necessarily," she added.

NDP Canada-US border critic Brian Masse also raised accountability concerns in an April 27 interview with Embassy, particularly about the oversight process.

"What's going to happen if there's an incident? What type of review process—is it a normal RCMP process, or is it a special joint analysis?" he said.

Ms. Slack wrote that the Commission for Public Complaints against the RCMP "will be obligated to review any complaint concerning the actions of designated officers during the course of a Shiprider operation in Canada."

The organization will also be able to suspend or revoke agents' authorization, she added.

If a dispute were to arise at the operational level between Canadian and US officers, wrote Ms. Slack, then both the RCMP the US Coast Guard would seek to resolve it.

Call for separate examination

Mr. Masse has called on the government to yank the Shiprider amendments and present them as separate legislation. He said it was "totally irresponsible" to bundle the amendments with the budget bill.

"There's significant policing issues that really warrant a standalone bill," said Mr. Masse.

The Canadian Police Association was contacted but did not respond in time for publication.

Julie Carmichael, a spokesperson for Public Safety Minister Vic Toews, defended the cross-border amendments in comments to Embassy on April 27.

"These amendments provide a common-sense and cost effective solution to a very real problem. There is no challenge to our national sovereignty, and we are sending a strong message that cross-border crime will not be tolerated," she wrote in an email.

The Shiprider program has already had an impact on cross-border crime, she argued, as well as improving the border's efficiency and effectiveness.

"These criticisms show how out of their depth the NDP are on border issues. Our government will co-operate with the Obama administration—why won't the NDP?"

http://www.embassyma...rder-05-02-2012

[hudson bay rules]

US customs agents are dicks. Why would they all of a sudden enforce only Canadian laws?

Why should we give up our sovereignty?

[Electro Rock]

If the FBI and company ever gain jurisdiction in Canada, I would sell my Lower Mainland real estate ASAP.

The reason being that this area is propped up by dirty money to an unbelievable degree, and once *real* organized crime agencies fighting are operating here it'll turn off most of the dirty money flow. Not only will the local real estate market suffer directly but also in that the general economy will be hooped as well.

[InSoM-]

If the FBI and company ever gain jurisdiction in Canada, I would sell my Lower Mainland real estate ASAP.

[Mr. Ambien]

Such a modification to the criminal code is heinous. Why?

[inane]

This bs Harper's pulling by bundling all these things in the budget is utter garbage. This guy is totally outrageous.

[DeNiro]

So can Canadian law enforcement agents operate in the US? My guess is no.

Maybe that crazy conspiracy theory about a new world order is not so far fetched.

Why does it seem like every day we are getting closer and closer to an Orwellian society?

[Hobble]

I blame the Liberals for being a complete gong-show last election for me voting Conservative.

Not very impressed so far.

[Satan's Evil Twin]

Anyone else notice how Harper apologists aren't around anymore to cry "B-b-b-b-but the Liberals!"

[Common sense]

^^

Why bother wasting my time responding if opinions aren't going to change?

...or really, anyone's?

[BurnabyJoe]

Get the ???? D.E.A. far away from my country

[hsedin33]

So basically, Americans are allowed to come into Canada and arrest people who they think are terrorists and send them to Guantanamo without trial? Obviously a worst case scenario but still.

Can't Canada police its own border??

[Buggernut]

If the FBI and company ever gain jurisdiction in Canada, I would sell my Lower Mainland real estate ASAP.

The reason being that this area is propped up by dirty money to an unbelievable degree, and once *real* organized crime agencies fighting are operating here it'll turn off most of the dirty money flow. Not only will the local real estate market suffer directly but also in that the general economy will be hooped as well.

[Kamero89]

I blame the Liberals for being a complete gong-show last election for me voting Conservative.

Not very impressed so far.

[Hyzer]

HOW do these people get elected? I really am dumbfounded how such corrupt people get into power and no one really says anything. God, this is absolutely retarded. Guess I'm voting Liberals next election or something... maybe NDP. Conservatives really love f***ing s**t up.

[Matthew Lombardi 18]

I honestly voted for NDP for the very first time and I'm just sad that not enough people voted for them.

[Dellins]

Looks like we're getting... conned.

[RiCHC3]

Admittedly, I wanted the Conservatives to win, but ONLY as a minority government.

Truthfully though, the Liberals basically handed voters over with an absolutely embarrassing campaign.

[Ghostsof1915]

This is what happens when you vote Conservative, and it happens all the time.

Deif gets in we lose the Arrow.

Mulroney gets in, we get screwed by NAFTA.

Harper gets in, we lose everything, our identity, our sovereignty. But you can buy a long arm without a registry now!

There was a reason the Conservatives were pretty much destroyed as a party for over a decade. They are inept and will sell out our country every chance they get.

[Standing_Tall#37]

You're in huge denial if you think they don't call the shots here already...department of homeland security showed up at my work one morning at 6:15am, with no Canadian law officers of any kind(RCMP, Csis...) the thing about that is I live 800Km north of the border...