Dispute over Legal Protections for CBP Officers at Canadian NEXUS Enrollment Centers
Jul 22, 22, 2:07 pm
#1
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Dispute over Legal Protections for CBP Officers at Canadian NEXUS Enrollment Centers
Dispute with U.S. keeps Canada's Nexus offices closed
Nexus enrolment centres in Canada, shuttered temporarily during the COVID-19 pandemic, have remained closed for weeks longer than expected due to an ongoing dispute with the United States over “legal protections” for U.S. staff at the centre, including the ability of American customs officers to carry firearms.
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“These discussions are focused on clarifying legal protections for US CBP (Customs and Border Protection) officers while they are working in Canadian enrolment centres. Until that time, enrolment centres in Canada will continue to be closed,” said CBSA spokesperson Sandra Boudreau in a written statement.
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The Canadian government limits the presence of armed foreign officers on Canadian soil. A federal law passed in 2017 allows U.S. officers to carry sidearms if they’re working in an environment where CBSA officers are usually armed, however, that is usually not the case in Nexus enrolment centres.
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“These discussions are focused on clarifying legal protections for US CBP (Customs and Border Protection) officers while they are working in Canadian enrolment centres. Until that time, enrolment centres in Canada will continue to be closed,” said CBSA spokesperson Sandra Boudreau in a written statement.
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The Canadian government limits the presence of armed foreign officers on Canadian soil. A federal law passed in 2017 allows U.S. officers to carry sidearms if they’re working in an environment where CBSA officers are usually armed, however, that is usually not the case in Nexus enrolment centres.
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Jul 22, 22, 2:39 pm
#2
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I have never understood why CBP agents need to be armed unless they are working in the field (i.e, trying to arrest someone).
I've also never understood why the people who check passports in the airport must be fully uniformed law enforcement officers...It affects the hiring because it eliminates a whole swathe of potential candidates who might otherwise have the communication/language/social skills needed in such a position.
I've also never understood why the people who check passports in the airport must be fully uniformed law enforcement officers...It affects the hiring because it eliminates a whole swathe of potential candidates who might otherwise have the communication/language/social skills needed in such a position.
Jul 22, 22, 3:59 pm
#3
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I hope the Canadians stick to their guns on this gun matter and don’t cave to USG/CBP pressure.
If the Canadians don’t feel their own people need guns in such circumstances, then they most certainly shouldn’t allow foreign agents to have them there either.
This is just another one of the many pushes to allow more Americans abroad to carry guns abroad.
If the Canadians don’t feel their own people need guns in such circumstances, then they most certainly shouldn’t allow foreign agents to have them there either.
This is just another one of the many pushes to allow more Americans abroad to carry guns abroad.
Last edited by GUWonder; Jul 22, 22 at 4:05 pm
Jul 26, 22, 11:01 pm
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Originally Posted by GUWonder
I hope the Canadians stick to their guns on this gun matter and don’t cave to USG/CBP pressure.
If the Canadians don’t feel their own people need guns in such circumstances, then they most certainly shouldn’t allow foreign agents to have them there either.
This is just another one of the many pushes to allow more Americans abroad to carry guns abroad.
If the Canadians don’t feel their own people need guns in such circumstances, then they most certainly shouldn’t allow foreign agents to have them there either.
This is just another one of the many pushes to allow more Americans abroad to carry guns abroad.
Jul 26, 22, 11:14 pm
#5
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Originally Posted by MDTyKe
Is it such a big deal to allow them to be armed - they already are at Preclearance facilities.
At any rate, I expect the U.S. (or what becomes of it) to have a lot less clout in as little as 3 years.
Jul 26, 22, 11:15 pm
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Originally Posted by MDTyKe
Is it such a big deal to allow them to be armed - they already are at Preclearance facilities.
Jul 27, 22, 12:03 am
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Originally Posted by GUWonder
Armed foreign agents with immunity benefits is the kind of thing I would rather see less of than more of — especially when they are in roles that involve daily dealing with the host country’s civilian public on grounds not protected by the relevant multilateral conventions for diplomatic and consular immunities.
Generally speaking, individuals have a lot more rights in Preclearance, ie. you can simply withdraw your request to entry, and refuse to be searched (things that are difficult at a POE). I don't think CBP officers in Preclearance are afforded diplomatic immunity in the classic sense, but rather are afforded protections under the specific agreements themselves.
See also: https://www.publicsafety.gc.ca/cnt/t.../index-en.aspx
Last edited by MDTyKe; Jul 27, 22 at 12:14 am
Jul 27, 22, 7:49 am
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Originally Posted by MDTyKe
CBP officers under the Preclearance Act 2016 are allowed to be armed in Canada. The issue, as I understand it, is that CBP want this extended to NEXUS offices, where they are present.
Generally speaking, individuals have a lot more rights in Preclearance, ie. you can simply withdraw your request to entry, and refuse to be searched (things that are difficult at a POE). I don't think CBP officers in Preclearance are afforded diplomatic immunity in the classic sense, but rather are afforded protections under the specific agreements themselves.
See also: https://www.publicsafety.gc.ca/cnt/t.../index-en.aspx
Generally speaking, individuals have a lot more rights in Preclearance, ie. you can simply withdraw your request to entry, and refuse to be searched (things that are difficult at a POE). I don't think CBP officers in Preclearance are afforded diplomatic immunity in the classic sense, but rather are afforded protections under the specific agreements themselves.
See also: https://www.publicsafety.gc.ca/cnt/t.../index-en.aspx
https://www.treaty-accord.gc.ca/text...aspx?id=105453
Jul 27, 22, 12:46 pm
#9
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Originally Posted by MDTyKe
CBP officers under the Preclearance Act 2016 are allowed to be armed in Canada. The issue, as I understand it, is that CBP want this extended to NEXUS offices, where they are present.
Originally Posted by GUWonder
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".
It's too bad that Canada ends up being more and more of a US kiss-up on "security".
And my position on that is the same even after it cleared into law.
Sep 10, 22, 5:50 am
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I also see no logical need for officers in enrolment centres to be armed.
And as for preclearance, USCBP officers in DUB and SNN manage fine without guns. Their agreement and section 5 (7) of the the Aviation (Preclearance) Act 2009 specifically states they have no right to carry them.
And as for preclearance, USCBP officers in DUB and SNN manage fine without guns. Their agreement and section 5 (7) of the the Aviation (Preclearance) Act 2009 specifically states they have no right to carry them.
Sep 10, 22, 4:49 pm
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Originally Posted by stifle
I also see no logical need for officers in enrolment centres to be armed.
And as for preclearance, USCBP officers in DUB and SNN manage fine without guns. Their agreement and section 5 (7) of the the Aviation (Preclearance) Act 2009 specifically states they have no right to carry them.
And as for preclearance, USCBP officers in DUB and SNN manage fine without guns. Their agreement and section 5 (7) of the the Aviation (Preclearance) Act 2009 specifically states they have no right to carry them.
Sep 10, 22, 7:13 pm
#12
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Originally Posted by GUWonder
I was against that even when it was a bill there. From 2016:
US CBP checkpoint on Canadian soil
And my position on that is the same even after it cleared into law.
US CBP checkpoint on Canadian soil
And my position on that is the same even after it cleared into law.
Sep 11, 22, 7:33 am
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Originally Posted by seawolf
Are CBP resources in Ireland airside or landside?
Sep 12, 22, 3:06 am
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Originally Posted by stifle
Airside. They show you a photo of your checked baggage at the desk and you confirm it's yours.
Originally Posted by YVR Cockroach
Those who play Civilization VI will realise what the term suzerain means.
Sep 13, 22, 5:51 pm
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Originally Posted by stifle
Airside. They show you a photo of your checked baggage at the desk and you confirm it's yours.
