Canadian Lawyer - sample

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 43 According to the Canadian gov- ernment press release announcing the bill, its provisions would, when passed (which is expected this fall), "further strengthen (the Canadian-American) relationship and enhance our mutual security, prosperity, and economic com- petitiveness." That may be. But after a cursory read- ing of the new bill, some senior members of the immigration section of the Cana- dian Bar Association say they see some causes for concern from an immigration perspective contained in the new bill. Red flags include proposed changes to people's right to withdraw from a preclear- ance area, and added powers to allow cus- toms officials to detain people and ques- tion them about their motives for wanting to withdraw (and a legal obligation to be truthful in that regard). It also proposes changes to the provi- sion that currently prohibits security offi- cers from the U.S. working on Canadian soil from doing body searches of people in preclearance without their Canadian col- leagues being notified and present. Under the new bill, Americans could perform strip searches if a Cana- dian security official is not available or declines to assist. Another potential bombshell is s. 48(4) of the proposed Preclearance Act 2016, which would permit CBSA offi- cers the right to turn away permanent residents if they determine the perma- nent resident has not met his or her res- idency requirements. Under Canadian law, Canadian citizens and permanent residents cannot be refused entry into Canada. "The new legislation would author- ize officers to prepare a report outlining the relevant facts should they believe a foreign national or permanent resident is inadmissible under Immigration and Refugee Protection on grounds to be specified in regulations," Public Safety Canada spokeswoman Mylène Croteau wrote in an e-mailed response to a query from Canadian Lawyer asking for examples or conditions under which a Canadian permanent resident could be refused entry into Canada at a preclear- ance area under the proposed law. "If the Minister (or his delegate) is of the belief that the report is well founded, the subject of the report may be refused preclearance. Travellers who are refused preclearance will be advised of the reason for the refusal. The trav- eller could choose to seek a review of WE HAVE NO IDEA WHAT IMPACT THAT MIGHT HAVE ON IMMIGRATION TO CANADA. IF WE START BLOCKING PEOPLE FROM GOING ON TO A PORT OF ENTRY, COULD THAT CHOKE OFF IMMIGRATION TO THIS COUNTRY? MICHAEL GREENE, Sherritt Greene REACH ONE OF THE LARGEST LEGAL AND BUSINESS MARKETS IN CANADA! AVAILABLE ONLINE AND IN PRINT With more than 300,500 page views and 100,000 unique visitors monthly canadianlawlist.com captures your market. FOR MORE INFORMATION CONTACT Colleen Austin: T: 416.649.9327 E: colleen.austin@thomsonreuters.com www.canadianlawlist.com Untitled-11 1 2016-08-16 4:39 PM

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