Preclearance Bill Raises Concerns Over Canadian Sovereignty

Introduction

On June 17, 2016, Canada's Minister of Public Safety and Emergency Preparedness introduced Preclearance Act, 2016 [Bill C-23] (the "Preclearance Bill").  It purports to implement the Agreement on Land, Rail, Marine and Air Transport Preclearance between the Government of Canada and the Government of the United States of America (the "Preclearance Agreement"), which the United States and Canada signed on March 16, 2015. 

The Preclearance Bill grants enhanced powers to United States Customs and Border Protection ("USCBP") Officers working at preclearance facilities in Canada.  USCBP officers at the Canada-U.S. land border already possess the broad authority to question, search, detain, and arrest travellers because they carry out their duties while on U.S. soil.  However, the situation is different in the case of USCBP officers who are conducting preclearance ("Preclearance Officers") because they carry out their duties while on Canadian soil.