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Trudeau says new border preclearance rules will better protect Canadians

A Canadian Border Services agent stands watch at gate at Pearson International Airport in Toronto on Tuesday, December 8, 2015. Proposed legislation will expand border preclearance at Canadian airports and other crossings.
A Canadian Border Services agent stands watch at gate at Pearson International Airport in Toronto on Tuesday, December 8, 2015. Proposed legislation will expand border preclearance at Canadian airports and other crossings. THE CANADIAN PRESS/Darren Calabrese

OTTAWA – Prime Minister Justin Trudeau defended his government’s proposed legislation to expand border preclearance at Canadian airports and other crossings Wednesday as the opposition New Democrats pushed to stop the bill in its tracks.

The NDP argued the bill doesn’t take into account what it called “the climate of uncertainty at the border” created by the Trump administration’s recently adopted immigration policies.

But Trudeau suggested it’s better to be cleared for entry into the United States while in Canada, because travellers are protected under the Canadian charter of rights, as opposed to American laws.

Bill C-23, the Preclearance Act, came up for second reading in the House of Commons on Tuesday.

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Introduced by Public Safety Minister Ralph Goodale last June, it would replace and expand provisions of the Air Transport Preclearance Agreement signed between Canada and the United States in 2001.

The two countries signed a new agreement in 2015 to expand border clearance and proponents say measures included in the bill will speed the flow of people and goods across the border.

Under preclearance, travellers don’t have to pass through customs in the U.S., because they’ve already done so before departing Canada.

Critics have concerns about the legislation, arguing that it would lead to the erosion of rights of people travelling both to the United States and Canada.

The bill “does not address Canadians’ concerns about being interrogated, detained and turned back at the border based on race, religion, travel history or birthplace as a result of policies that may contravene the Canadian Charter of Rights and Freedoms,” NDP public safety critic Matthew Dube said in putting forward a motion that could effectively kill the bill.

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READ MORE: Bill letting U.S. border guards detain Canadians could face legal challenges

 

“What we’re seeing right now is a reality where people are being discriminated against at the border,” Dube told reporters.

“Given that reality, we have serious concerns about these new, extra powers being given to American agents.”

Dube cited the example of a Vancouver man who said he was turned away from a B.C. border crossing after a U.S. Customs and Border Patrol officer scoured his cellphone for recent messages.

READ MORE: U.S. can search Canadians’ mobile phones at the border: Ralph Goodale spokesman

The officer suspected the man was a sex worker based on one email message, the man reportedly told Daily Xtra.

On his way into a Liberal caucus meeting Wednesday, Trudeau suggested it’s better to be cleared for travel while still on Canadian soil.

“If we didn’t have preclearance in Canada, people would be passing customs in the United States,” said Trudeau.

“And in the United States, American laws dominate and control the behaviour of people in border crossings.

“When you’re doing preclearance in Canada, the Canadian Charter of Rights and Freedoms and Canadian laws are in place, so there is extra protection.”

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