New powers to question, search, and even hold, Canadian citizens in detention on Canadian soil could be given to US border guards under a bill proposed by the Liberal government. Public Safety Minister, Ralph Goodale introduced Bill C-23, which is expected to pass in Parliament’s current sitting. But legal experts warn that the new bill could threaten the automatic right of Canadian permanent residents to enter Canada.
Calgary immigration lawyer, Michael Greene says that the new bill removes an important right of the current law. Greene, who is national chairman of the citizenship and immigration section of the Canadian Bar Association, says he and others believe a law that could see Canadians prevented from leaving after entering a pre-clearance area in Canada is going too far and is offensive.
Toronto immigration lawyer, Howard Greenberg, says that the new bill could result in the arrest of a Canadian simply because they have had enough of being questioned. A Public Safety Canada spokesman says C-23 limits how far a US immigration agent can go when questioning travelers so as not to cause them unreasonable delay. But Greene says the bill fails to put a definition on that “unreasonable delay”.
Greene believes that some permanent residents may find themselves in a position like many US green card holders after the travel ban announced by President Donald Trump, although Greenberg admits the compromise may be necessary to enable Canadians to maintain their privileged status upon entering the US.