A new preclearance bill making its way through Parliament is of concern to people who have had police contact or convictions in the past.
The bill, C-23, is intended to increase the flow of airline, bus, and train passengers across the border by expanding preclearance in airports and stations. However, it also increases the ability of US border officials to interrogate, search and detain travelers on Canadian soil.
What is preclearance?
Canada already has a limited number of preclearance areas where US officials clear travelers to enter the United States. However, right now, people who don’t like the questions they are being asked at the border can withdraw their application and leave the area.
Under the new bill, a person who decides to withdraw may raise even more suspicion. Now, the border officials can legally interrogate the traveler to determine why they want to withdraw. Moreover, if the person refuses to answer the questions, they can be accused of obstruction and even be arrested.
Another concern is that US border officers can conduct strip searches if a Canadian border official is not available or even if the Canadian official feels there is no need for the search given a lack of suspicious circumstances.
This bill is of concern to people who have had police contact as they could be “interrogated” about records and incidents that have already been investigated by police and/or dealt with in the courts.
Although we don’t recommend this, many people with records will “test the waters.” In other words, they will try to cross without a waiver to find out if they need one. Under this bill, the results could be more serious than just being turned around.
How far along is this bill?
Prime Minister Justin Trudeau has defended the bill, stating that it is better to be cleared on Canadian soil where the Charter of Rights and Freedoms applies. While the United States already has some preclearance stations in Canada, this bill expands the powers of the officials to question and detain travelers.
If you are concerned about this bill, you should contact your local MP and ask them about it. It has already had second reading, and both the Liberals and the Conservatives support the bill.
If you do not yet have a US Entry Waiver, be aware that more and more people are being detained and questioned, even this children’s author with no criminal record. If you have a record, you want your border crossing experience to be as smooth as possible. Protect yourself by obtaining a US Entry Waiver.
Not all criminal records will require a US Entry Waiver. Contact us for a free consultation at 1-866-972-7366 to find out if you need a waiver.
