Jul 23, 2019 – Canada and the US have begun implementation of the third phase of the “Beyond the Border” security agreement finalized by the two countries in 2011.
Aimed at facilitating easier trade and travel, the agreement provides for sharing of information about individuals crossing the border between the two countries.
In the first two phases, US and Canada began sharing information about border crossings by legal permanent residents and third-country nationals.
Now, the U.S. Customs and Border Protection and the Canada Border Services Agency will begin sharing biographic data, travel documents, and other information related to border crossings of American and Canadian citizens.
US-Canada Border Crossings
US residents entering Canada in US-licensed automobiles
June 2018 |
June 2019 |
Y-o-Y % change |
1,583,000 |
1,587,100 |
0.3 |
Canadian residents returning from the United States in Canadian-licensed automobiles
June 2018 |
June 2019 |
Y-o-Y % change |
2,218,500 |
2,120,100 |
– 4.4 |
Source: Statistics Canada
The objective of this exercise includes identifying instances of individuals exceeding their period of admission in the countries, as well as to determine how long citizens have been absent from the country.
Authorities have highlighted that a formal information-sharing mechanism will improve safety, enable border authorities to identify security risks and violators of immigration rules.
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Privacy Concerns
However, the decision to extend this mechanism to cover citizens has led to concerns about privacy and government overreach.
In America, the debate on Bill C-21, which is the law providing the legislative framework for the implementation of the border agreement, saw lawmakers raise concerns about privacy risks faced by the travelers.
The International Civil Liberties Monitoring Group opined that this was yet another instance of the government collecting more and more information about travelers, including Canadian citizens in this case, on vague national security justifications.
In Canada, there are concerns about sharing information about Canadian citizens, including biographic details, and allowing foreign immigration authorities to retain the same. Further, there are concerns about eventual broadening of the scope of the exercise and fears that a lot more private information about citizens may end up in the hands of the American government.
Assuaging concerns, Canada’s Minister of Public Safety and Emergency Preparedness Ralph Goodale clarified that privacy protection would form the core of this Entry/Exit initiative and that comprehensive privacy protections will be built into the legislation to safeguard Canadian citizens from privacy risks.
Examining Electronic Devices
One area of caution concerns the area of electronic devices. Canada Border Services Agency CBSA, under section 99 of the Customs Act, has broad power to examine goods imported by travelers and returning residents. This includes the power to search all electronic devices under section 2(1) of the Act. With few limitations, officers may examine computers, phones, USB keys, as well as its contents, including emails, photographs, text messages and content on social media.
These broad powers also extend to request travelers and returning residents to provide login passwords. Between November 2017 and March 2019, 19,515 travelers had their electronic devices examined.
In theory, the above powers are given to enable CBSA to protect our borders.
Failure to comply with such request can lead to seizure of the device and charges under section 153 of the Customs Act.
Entering the United States presents similar legal powers for examining officers.
With exchange of information inevitable, Canadian citizens traveling to or through the USA may have to provide more information to border authorities and spend more time when crossing over into the US.
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