Originally Posted by
seawolf
Well, not so much embellishment.
Section 31 clearly gives pre-clearance officers the authority and power to detain and search (including frisk and strip) someone who withdraws. However, the reason for the search cannot be simply
because of the withdrawal.
Section 32 also gives authority and power to detain and search (including frisk and strip) persons who withdraw if no Canadian official is available. Although these searches are predicated on reasonable grounds to suspect an offence under an Act of Parliament, such an offense might only be suspicion that the person did not give a truthful answer. Only the most inept and incompetent of prosecutors would not be able to defend such a suspicion.
In addition to those expanded authorities and powers, the proposed act also puts more obligations on travelers and gives the governments more opportunities/incentive to steal our stuff.
For example: In the current agreement, travelers have the option of answering questions or not (section 16). But in the proposed act, anyone in the pre-clearance perimeter or area
must answer questions (section 18 (2)). Also, the current agreement states refusal to answer is not in and of itself reasonable grounds for suspicion but this section is removed from the proposed act.
The proposed act also sets out that the pre-clearance agency/government may keep any goods that it seizes, or receives through forfeit or abandonment (previously the goods were most often kept by the government in which the pre-clearance area is located).
Somewhat humorously, Section 53 states that persons who make it through pre-clearance in the US aren't subject to clearing again upon actually landing in Canada unless a BSO wants screw with them and have them do it again. What's the point of pre-clearing, then?