Canadian Lawyer

September 2016

The most widely read magazine for Canadian lawyers

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w w w . C A N A D I A N L a w y e r m a g . c o m S E P T E M B E R 2 0 1 6 45 strategic locations will further strength- en our ability to identify those who may pose a national security threat prior to encountering them on U.S. soil," R. Gil Kerlikowske, commissioner of the U.S. customs and border agency, told the Times. Tom Ridge, first secretary of the U.S. Department of Homeland Security-cum- security consultant, added: "The further out you can push the border the better." For Greenberg, provisions of Bill C-32 that deal with investigative pow- ers, withdrawal rights, and the collection and use of fingerprints and biometric data by U.S. customs officers on Cana- dian soil "will have to be flushed out more" to ensure a balance between effi- ciency, security and rights. "These kinds of trade-driven things are always touchy because they deal with rights and obli- gations and there are lots of diplomatic implications," says Greenberg. It was no different in 1999, he added, when he and Michael Greene teamed up to present a brief for the CBA at a Senate committee hearing on the first preclear- ance agreement, which was enacted in 2001. "We might have aggravated a few people for some changes we suggested that were implemented," recalls Green- berg. Notable changes included the right to withdraw from an examination from a preclearance area and limita- tions on the investigative powers of U.S. officials on Canadian soil — two issues that are again under the microscope in Bill C-32. "This is round 2," adds Greenberg. "At this stage, the goal is to do a close exami- nation of some parts of this legislation to help ensure the preservation of our con- stitution and laws [and] ensure a balance with security concerns carry through. The difficulties will be in the nuances [and] the application of eventual regula- tions, which we haven't seen yet." AT THIS STAGE, THE GOAL IS TO DO A CLOSE EXAMINATION OF SOME PARTS OF THIS LEGISLATION TO HELP ENSURE THE PRESERVATION OF OUR CONSTITUTION AND LAWS [AND] ENSURE A BALANCE WITH SECURITY CONCERNS CARRY THROUGH. HOWARD GREENBERG, KPMG Management Services LP CONNECTING YOU TO YOUR LEGAL COMMUNITY New Edition Spiralbound • August 2016 $46.50* • L7798-5930 ISBN 978-0-7798-5930 Multiple copy discounts available *Plus applicable taxes and shipping & handling Stay connected with the 2016-17 Alberta Legal Telephone Directory Order your copy today. Visit www.carswell.com or call 1-800-387-5164 for a 30-day, no risk evaluation Alberta Legal Telephone Directory is all about your legal community connecting you to the lawyers and law offices you need in Alberta, Northwest Territories, Nunavut and Yukon. Published annually, it keeps you connected with new and updated names, mailing addresses, email addresses, phone numbers and fax numbers each year. Searching is easy with: • Alphabetical and geographical listing of lawyers and law firms • Alphabetical listing of Judges Also quickly and easily access: • Law Societies • Courts of Appeal • Federal Court of Canada • Government of Canada departments • Judicial districts and judicial officials • Incorporated Municipalities • Land registration and information services • Provincial government departments • Boards and Commissions • Law Related Services, Institutions and Organizations • University law faculties... and more Untitled-1 1 2016-08-19 9:43 AM

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