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US CBP checkpoint on Canadian soil

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Old Oct 19, 2016, 5:52 pm
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US CBP checkpoint on Canadian soil

After witnessing an elderly man be manhandled at the Vancouver train station by US CBP officers a few weeks ago it got me thinking. Under what authority does the US CBP operate on foreign soil? Do they have the same power as they would in the US? While I understand that embassies receive special treatment, as they're technically treated as homeland, I don't think the same applies to an office in a train depot. Can you be charged with violating US law at one of these check points, or do they simply turn you over to the Canadian authorities?
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Old Oct 19, 2016, 7:42 pm
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Preclearance Act.

Soon to be replaced by Bill C-23, section 61 of which will permit US officers to carry firearms while in Canada. Section 62 is also problematic, in my opinion.
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Old Oct 20, 2016, 4:39 am
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The text of the bill is really worth reading to know what the US can and will be allowed to do in Canada under Canadian law.

It's too bad that Canada ends up being more and more of a US kiss-up on "security".
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Old Oct 20, 2016, 10:23 am
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Originally Posted by pedanticus
Preclearance Act.

Soon to be replaced by Bill C-23, section 61 of which will permit US officers to carry firearms while in Canada. Section 62 is also problematic, in my opinion.
Why do you find it problematic? The section is saying if a preclearance officer is being prosecuted under Canadian law for action/inaction in the course of performing his/her duties as a preclearance officer, Canada will stop prosecuting if USG says it will prosecute the individual under its own laws. If USG does not/will not prosecute then Canada may continue prosecuting the individual. Canada gets the same privileges for its preclearance officers operating in the US.

Last edited by Section 107; Oct 20, 2016 at 11:41 am
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Old Oct 20, 2016, 1:46 pm
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Originally Posted by Section 107
Why do you find it problematic? The section is saying if a preclearance officer is being prosecuted under Canadian law for action/inaction in the course of performing his/her duties as a preclearance officer, Canada will stop prosecuting if USG says it will prosecute the individual under its own laws. If USG does not/will not prosecute then Canada may continue prosecuting the individual. Canada gets the same privileges for its preclearance officers operating in the US.
It's to be noted that it's being called a privilege.

Just goes to show it's a way to create an escape route when things go wrong?
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Old Oct 20, 2016, 3:52 pm
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Originally Posted by Section 107
Canada gets the same privileges for its preclearance officers operating in the US.
Canadian pre-clearance in the US? Since when?
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Old Oct 20, 2016, 5:01 pm
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Originally Posted by redadeco
Canadian pre-clearance in the US? Since when?
Canada does some customs preclearance in the US, but in terms of prexlearance for Canada-bound passengers on commercially-scheduled common carrier flights? It doesn't happen, because it can't happen unless a US airport invites the arrangement and provides acceptable terms to the operating carrier(s).
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Old Oct 20, 2016, 5:11 pm
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Originally Posted by GUWonder
Canada does some customs preclearance in the US, but in terms of prexlearance for Canada-bound passengers on commercially-scheduled common carrier flights? It doesn't happen, because it can't happen unless a US airport invites the arrangement and provides acceptable terms to the operating carrier(s).
You mean Canada has CBSA personnel stationed in the US (aside from folks chilling in Nexus enrolment centres)? I'm surprised to know about this.
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Old Oct 21, 2016, 2:02 am
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Originally Posted by redadeco
You mean Canada has CBSA personnel stationed in the US (aside from folks chilling in Nexus enrolment centres)? I'm surprised to know about this.
I know some were sent for some sort of cargo preclearance work from a state east of the Mississippi. I don't recall which state, the precise nature of the work and for how long they were assigned to be in the US for work, but I'll come back here to provide the details if I happen to be sent something of a published nature indicating what took place.
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Old Oct 21, 2016, 3:10 am
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Originally Posted by Section 107
Why do you find it problematic? The section is saying if a preclearance officer is being prosecuted under Canadian law for action/inaction in the course of performing his/her duties as a preclearance officer, Canada will stop prosecuting if USG says it will prosecute the individual under its own laws. If USG does not/will not prosecute then Canada may continue prosecuting the individual. Canada gets the same privileges for its preclearance officers operating in the US.
The sections noted are about Canadian preclearance officers in the US. Essentially the US can claim jurisdiction to prosecute them. However the wording does make it look like they intend for US officers in Canada to be subject to it. However the main title for the sections is Offense by Canadian Preclearance Officer.
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Old Oct 21, 2016, 6:49 am
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Originally Posted by GUWonder
It's to be noted that it's being called a privilege.
ooh, my institutional bias is showing....
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Old Oct 21, 2016, 7:36 am
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Originally Posted by redadeco
You mean Canada has CBSA personnel stationed in the US (aside from folks chilling in Nexus enrolment centres)? I'm surprised to know about this.
As GUWonder noted - a few doing cargo preclearance only, none doing actual immigration or customs preclearance work at any US airports. There currently much work going on to expand cargo preclearance from the US to Canada - even as far as doing it in major warehouses/inland ports so that the trucks do not have to stop at the border.

There are also a few Canadians stationed in the US doing liaison for intelligence/security and other inter-agency work.

Last edited by Section 107; Oct 21, 2016 at 7:49 am
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Old Jan 17, 2018, 11:21 pm
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C-23 passed.
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Old Jan 18, 2018, 5:49 am
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Originally Posted by seawolf
C-23 passed.
Unfortunately, despite concerns like these:

The Government Is Spreading Falsehoods About The Preclearance Act
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Old Jan 22, 2018, 8:09 am
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The US is allowing the UK Border Force into Miami for Cayman Islands Preclearance.
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