Canadian Lawyer - sample

42 S E P T E M B E R 2 0 1 6 w w w . C A N A D I A N L a w y e r m a g . c o m algary lawyer Michael Greene is all for the fast- er movement and freer flow of legitimate goods and law-abiding people between Canada and the United States. But the immigration expert says a slow read by informed jurists is needed of the federal government's proposed Preclearance Act to detect and flag provisions that might hinder the legal rights and constitutional freedoms of Canadian citizens, permanent residents and other people wanting to come here to live, work and/or visit. "This is all about being vigilant at the front end," Greene, who is a senior partner with Sherritt Greene, says in regards to Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States (short- titled the "Preclearance Act, 2016"). "You want to make sure you get it right now because once the horses are out of the barn it's hard to change the template," he says. Tabled in the House of Commons on June 17 by Public Safety and Emergency Preparedness Minister Ralph Goodale, the bill provides for the establishment of preclearance areas and perimeters at air, sea, land and rail crossings in the United States. Those areas would be staffed by offi- cials with the Canada Border Services Agency who would be authorized to exercise their powers under Canada's Immigration and Refugee Protection Act, and to either permit or refuse travellers and goods bound for Canada entry here even before they arrive at a Canadian port of entry. Essentially a trade agreement cement- ed during rookie Canadian Prime Minis- ter Justin Trudeau's official visit to Wash- ington to meet outgoing U.S. President Barack Obama in March, the act would both replace and expand on the pro- visions of the Air Transport Preclear- ance Agreement that was signed in 2001 between Canada and the U.S. The new bill notably proposes an expansion of preclearance areas to sev- eral specific locations, including two of the nation's Top-10 airports (Toronto's Billy Bishop and Quebec City's Jean Lesage airports), Montreal's Cen- tral Station, and Rocky Mountaineer, a Canadian tour company that offers train vacations on four rail routes in British Columbia and Alberta. L E G A L R E P O RT \ I M M I G R AT I O N ALEXI VELLA Preclearance bill raises concerns Lawyers say federal government's bill expanding powers to refuse entry needs refi nements. By Mark Cardwell C

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