FlyerTalk Forums - View Single Post - Can the CBP arrest you at preclearance facilities abroad?
Old Mar 10, 2017 | 11:23 am
  #13  
Section 107
All eyes on you!
15 Years on Site
 
Join Date: Nov 2007
Location: WAS
Programs: enjoyed being warm spit for a few years on CO/UA but now nothing :(
Posts: 2,810
Originally Posted by seawolf
Article seems to be embellishing the part of frisk search on withdrawal.

I don't see CBP will be given authority to frisk search a passenger deciding to leave preclearance.

http://www.parl.gc.ca/HousePublicati...&DocId=8380353
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?

Last edited by Section 107; Mar 10, 2017 at 12:23 pm
Section 107 is online now