http://thesuburban.com/content.jsp?sid=19171688531635913670954272551&ctid=10
00000&cnid=1012250 


The border ain’t easy
By P. A. Sévigny, Special to The Suburban


Border patrol agents can now access all of Canada’s arrest records.

Over the next few weeks, thousands of Canadians are in for a hard time as
they try to head south for their vacations.

Whether they have a criminal record or not, American border patrol agents
can access all of Canada’s arrest records on their computer databases, and
they are using those records to screen each and every entry into the States.

“It’s sad,” said Outremont businessman Francois Pilon. “My people have been
here for a long time. We’re a part of this continent, too, and this is no
way to treat a friend and a neighbour.”

More than 20 years ago, when Pilon was working security at the Olympic
Stadium, he tried to break up a fight and was charged with assault for his
trouble. For lack of evidence, the charges were thrown out of court and he
soon forgot about the incident. Twenty years later, when asked about his
record at the border on his way to New York, he said he didn’t have one.
When threatened with arrest for giving false information, he finally
realized that they were referring to the stadium incident. After a new
search on a criminal database proved Pilon had never been convicted of any
crime, he was finally allowed to go, but not before being told that he would
have to get the Mounties to clear his record.

“What record?” asked Pilon. “I have no record. I’ve never been convicted of
any kind of offense… and now I’m treated like some kind of criminal every
time I cross the border.”

Peter Kernan had a similar experience. While driving his 83-year-old mother
to a family wedding in Vermont, a customs agent near the Frelighsberg,
Quebec, border crossing ran his license through her computer, put a hand on
her pistol and asked him to step into the office.

“That was the start of a very bad day,” said the middle-aged businessman.

When asked if he had ever been in trouble with the police, Kernan, like
Pilon, answered “Not that I know of.”

  “Well, we know better,” answered the agent.

Kernan’s problems began 17 years ago, when Doris Lussier, a disgruntled
tenant being evicted from one of Kernan’s buildings, went to the police and
accused Kernan of having beaten her up. Kernan first learned about the
charge when, early one morning, a bailiff showed up and ordered him to the
police station to be arrested for assault. Once police took his picture and
fingerprints, they told him to go home until further notice. 
After four court appearances and $2,400 in legal fees, a judge threw the
case out of court for lack of evidence, but only after he told Lussier to
stop wasting everyone’s time. Kernan, like Pilon, forgot about the incident.
Seventeen years later, Kernan’s mother was in tears while Kernan tried to
explain he was guilty of nothing more than a few parking tickets.

“It’s incredible,” he said. “The more you protest, the worse it gets. 
They just get real quiet, put their hand on their gun and look at you as if
you’re Osama on the run.”

While spokesmen on both sides of the border say that it’s all “business as
usual,” Chief Ron Smith of the American Customs and Border Patrol did
mention that new technology as well as new protocols were being put in place
to improve border screening facilities.

“While terrorists are always our top priority, we check everybody out.” 
said Smith. “We’ve got a number of different databases to work with, but we
always start with the initial arrest files.”

As far as a lot of Canadians are concerned, the shared files are the worst
because they‘re drawn from the RCMP’s national database, which includes its
FPS (Finger Print Service). As anyone who has ever been arrested knows, once
they take your picture and your fingerprints, you’re in the system and it’s
all for real. Police send the file to the RCMP, who administer the database
for the entire nation.

While many blame the Bush administration’s new W.H.T.I. (Western Hemisphere
Travel Initiative) for their troubles at the border, both Canadian and
American spokesmen said that file sharing has been going on between the two
countries for years. Unofficial sources report that American and Canadian
security forces first agreed to swap files during the famous 1985 Shamrock
summit when Brian Mulroney met Ronald Reagan in Quebec City. While American
security interests were concerned about Canada being used as a terrorist
“safe-house,” Canadians were concerned about mid-western American kids using
the low Canadian dollar as an excuse to cross the border for a cheap party.
As a result, an American D.U.I. (driving under the influence) conviction is
still sufficient cause to be refused entry into Canada, while any kind of
felony conviction (except a D.U.I. arrest) is enough to refuse a Canadian
entry into the United States.

While American border guards use the primary fingerprint file as their first
screening tool, further investigation will lead them to a second data base.
Smith said if your name is on that one, chances are you will be told to turn
around and go home. This file is called the National Crime Index and it is a
matter of public record. Anyone convicted of any crime, be it shoplifting or
murder one, will be found on that index and barred from any kind of entry
into the U.S. Only a special American government waiver can get you in, but
that will cost you $265 US per year.

“It’s nothing more than a cash grab,” said Ronald Lefebvre, a retired RCMP
officer who now manages International Fingerprinting Services of Canada Ltd.
“ Over two million Canadians have some kind of a record and every one of
them has to pay almost $300 CDN if they want to go to the States. Do the
math!”

The good news is that any Canadian, arrested yet never convicted of any
crime, can ask the police to have the record and prints wiped off the RCMP’s
fingerprint file. Unfortunately, due to the Bush administration’s new travel
policies, the bad news is that within a year, every Canadian traveling to
the States will now require a passport. As a result, both the RCMP  and the
government’s passport office are swamped with requests for passports and
assorted security files. It now takes up to seven months to have your record
erased and, even if never convicted, American officials still accept nothing
but an RCMP document to clear your name.

Chief Smith said that border officials are well aware of the problems being
created by the database, “..but it’s up to the people in the field to use
their own common sense.”

However, as tempers get short and the time spent crossing the border
stretches into hours, Canadians did get something out of this situation. 
Paris Hilton cannot come to Canada without a special “minister’s permit.”

2007-07-11 12:38:14



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