Liberals introduce sweeping border reform bill affecting warrants, large cash transfers

Public Safety Minister Gary Anandasangaree announces the introduction of a new bill that looks to tighten security at the U.S. border.

Public Safety Minister Gary Anandasangaree has unveiled new legislation that promises to strengthen Canada’s borders against organized crime.

Department officials providing information on a not-for-attribution basis say Bill C-2, or the Strong Borders Act, has three main themes: fighting organized crime and fentanyl; securing the border; and offering more tools to fight financial crime.

The legislation, which is not yet law, also proposes changes to what law enforcement can do without a warrant. The background document says it would “clarify the ability of law enforcement to exercise specific powers and seize specific information without a warrant in urgent, time-sensitive circumstances.”

An example given is the “live abuse” of a child.

With regards to searches, it would also amend the Canada Post Corporation Act to remove barriers preventing police from searching the mail, where authorized to do so, to advance a criminal investigation. The bill also allows Canada Post’s inspection authority to open mail.

To combat money laundering and financing terror, there are new restrictions imposed on cash transactions over $10,000 and cash deposits by one person into someone else’s account.

Department officials say those changes won’t impact law-abiding Canadians who use electronic payment platforms, credit cards or cheques, since it won’t apply to “deposit-taking institutions,” such as banks.

The sweeping legislation requires changes across a number of departments, including Public Safety and the Canada Border Services Agency.

Changes at the border

The bill proposes new rules allowing border officers to enter and examine premises under the control of transporters and warehouse operators.

It would also allow the Canadian Coast Guard to conduct “security patrols” and to “analyse and disseminate information and intelligence for security purposes.”

Those changes would work in tandem with existing changes to border enforcement, including round-the-clock helicopter, drone and watchtower surveillance of the border. The government previously pledged $1.3 billion to update its border enforcement regime.

The bill also introduces reforms to Canada’s immigration processes. A news release says the bill will “strengthen authorities to cancel, suspend or change immigration documents, and to cancel, suspend or stop accepting new applications.”

Asylum claims made by people more than one year after first arriving in Canada after June 24, 2020 would not be referred to the Immigration and Refugee Board, which is responsible for making decisions on refugee claims.

People who enter Canada from the United States on foot between ports of entry would have just 14 days to file an asylum claim.

People who are affected by those ineligibility rules can apply for a “pre-removal risk assessment” to make sure they’re not sent back to a country where they could face harm.

Other measures were proposed to make the asylum system “more efficient.”

In an effort to “speed up” voluntary departures, removal orders would be made effective the same day a claim is withdrawn. “Vulnerable claimants,” such as minors and those who may not understand the process, would be assigned support representatives. Inactive asylum cases would be removed from the system.

A gift to the U.S.?

Border security has been a sticking point between Canada and the United States for months.

U.S. President Donald Trump said he was trying to spur Canada to do more against drug trafficking when he imposed tariffs against this country.

“Canadians and Americans have a shared interest when it comes to our border,” Anandasangaree said during a news conference on Tuesday.

He said he would share elements of the bill with Trump’s border czar, Tom Homan, during a meeting later today.

The White House declared a national emergency soon after Trump’s inauguration, claiming in part that Canada failed “to do more to arrest, seize, detain, or otherwise intercept (drug trafficking organizations), other drug and human traffickers, criminals at large, and drugs.”

He later imposed 25 per cent tariffs on all Canadian goods and a 10 per cent levy on potash and energy products, citing border security as the reason behind them. The fees only apply to goods that fall outside of the two countries’ free trade agreement.

A federal court struck those tariffs down last week, arguing they don’t appropriately respond to the threat. The Trump administration quickly appealed the ruling, and a judge later reinstated the fees. The White House has pledged to bring its case to the U.S. Supreme Court if necessary.