Montreal family learns a costly lesson after signing children’s passports
May 5, 2019, 11:17 am
#31
Join Date: Feb 2000
Location: Vancouver, British Columbia
Programs: BA GGL, FPC Plat, HH Diamond, IHG Amb
Posts: 3,372
And to make this even more awkward, CBSA acting on behalf of Minister of Immigration, is telling AC without documents Canadian citizens may NOT board flight to Canada.
Yet, Charter Mobility Rights Sec 6(1) gives Cdn citizens a right to enter or exit - and this right cannot be violated via Sec 33, Notwithstanding Clause.
Consequently, a Canadian citizen can make an oral declaration at a port-of-entry, which CBSA has a right to challenge/verify, but NO physical document is required to enter Canada (US in 2005 via REAL-ID law made document requirement necessary).
while you’ll need a travel document to be present lawfully in another country, CBSA is using the threat of heavy fines on Air Canada to accomplish something it legally can’t do itself to Cdn citizens.
Yet, Charter Mobility Rights Sec 6(1) gives Cdn citizens a right to enter or exit - and this right cannot be violated via Sec 33, Notwithstanding Clause.
Consequently, a Canadian citizen can make an oral declaration at a port-of-entry, which CBSA has a right to challenge/verify, but NO physical document is required to enter Canada (US in 2005 via REAL-ID law made document requirement necessary).
while you’ll need a travel document to be present lawfully in another country, CBSA is using the threat of heavy fines on Air Canada to accomplish something it legally can’t do itself to Cdn citizens.
A Canadian citizen can obtain an emergency travel document from a Consular officer (including a Consular officer of Australia in countries where there is no Canadian presence). A Canadian citizen may also return in a private vehicle or conveyance.
Regulating the documents required for a common carrier to bring you to Canada does not infringe on the rights you have to seek admission having presented yourself at a port of entry by whatever means you have used.
May 5, 2019, 2:27 pm
#33
Original Member
Join Date: May 1998
Location: Vancouver, Canada
Posts: 6,222
All my life I have seen evidence to the contrary - like every time I see someone cursing some new puchase while the instructions are lying on the floor in a still sealed bag.
(Years ago I applied for a PACE decal - ancient ancestor to Nexus - and the receiving agent asked if I had any questions. I said yes but I will read these brochures and instructions and if I still have questions perhaps he could address them then. He replied he wished he had an award to give me, but instead moved my application to the top of the list. Decal arrived about 10 days later.)
(Years ago I applied for a PACE decal - ancient ancestor to Nexus - and the receiving agent asked if I had any questions. I said yes but I will read these brochures and instructions and if I still have questions perhaps he could address them then. He replied he wished he had an award to give me, but instead moved my application to the top of the list. Decal arrived about 10 days later.)
May 5, 2019, 3:52 pm
#35
FlyerTalk Evangelist
Join Date: Mar 2010
Programs: DL, OZ, AC, AS, AA, BA, Hilton, Hyatt, Marriott, IHG
Posts: 19,896
I'm the same as you. My signature used to be better when I was still in school. Now, it's just a mess, but no one ever questioned the quality of my signature in the real world. Only my teacher ever did.
May 6, 2019, 8:48 pm
#37
Join Date: Feb 2004
Location: USA
Programs: AC SE100K, F9 100k, NK Gold, UA *S, Hyatt Glob, Bonvoy Titanium
Posts: 5,193
May 6, 2019, 10:26 pm
#38
Join Date: Apr 2016
Posts: 296
But that doesn't matter: it doesn't infringe because Canadian charter rights *generally* don't apply at foreign airports. A nice loophole they're taking advantage of.
Having dealt with a similar situation in the past (relative lost their PR card), I don't know why the Canadian government created a system to take about CAD$2000 out of the Canadian economy and deposit it into a US airlines coffers so they could fly into Buffalo instead of Toronto and drive across the border using the piece of paper they had on-hand all along. Oh, and a bunch of angry emails to various ministers.
AC might not, in the same way that they'll refuse to board Canadians that lost their passport. CBSA may have to let someone in at a port of entry, but they can tell a corporation to not board you overseas to avoid getting to that point.
Last edited by tecate55; May 6, 2019 at 10:37 pm