Dec 18 2017

Canada puts U.S. Customs and Border Protection officers above the law

A Canadian law which received final approval last week, Bill C-23, gives officers of U.S. Customs and Border Protection (CBP) staffing “preclearance” facilities within Canada police powers to detain, interrogate, and search travelers, while granting these agents of the U.S. government absolute and unconditional immunity from any civil lawsuit or liability under Canadian law, and immunity from criminal liability except in limited cases of death, injury, or property damage.

This immunity from civil lawsuits or liability in Canada extends to violations by US CBP officers at preclearance sites of fundamental rights, including the Canadian Charter of Rights and Freedoms, that are protected by law everywhere else in Canada,. Bill C-23 places CBP officers above Canadian law, as though they were diplomats enjoying immunity from local law inside extraterritorial enclaves, while giving them police-like powers to use force against ordinary people seeking to travel between the US and Canada.

Travelers passing through US preclearance facilities at Canadian airports, train stations, and ferry terminals are now required by Canadian law to: Read More