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Hey Chertoff! You've already trashed your constitution. Keep your hands off of ours! Email Print

So after a long day contributing to the Canadian economic engine, I read an article tonight that caught my eye in the Toronto Star.

Peace Bridge talks end
http://www.thestar.com/News/article/207336

I thought it was something about the prospective new span across the Niagara River to take the load off of the existing 3-lane Peace Bridge - and how it's gone back to the drawing board again.

But then I saw the sub-title
'Canada objects to U.S. plans to fingerprint travellers'

WTF?

(more on the flip)

Somehow over the last two years I had not paid any attention to this planned reconstruction of this incredibly busy border crossing (2nd busiest crossing between Canada and the US, with more than 20 Billion worth of trade).  What would happen is that since the Canadian side in Fort Erie has more space than the cramped Buffalo side, all inspections-both for Canada and the US-would occur on the Canadian side.  

Kudos should be given to Rep. Slaughter who was trying to find a creative way to keep commerce flowing through what is part of her district.

This would have also allowed Canadians to work on the US side - which would have also allowed them to replace any Dunkin' Donuts coffee with a cup of Tim Horton's ;-)

Had the test-project been succesful, it may have been extended to other busy crossings (Detroit-Windsor; Lacolle-Champlain; Niagara Falls; White Rock/Surrey-Blaine; etc).

But the Department of Fatherland Homeland Security threw a wrench into the plans by wanting a chance to fingerprint people not only crossing, but those also approaching the Peace Bridge, but not deciding to cross.

The United States would have had to give up critical inspection tools to comply with Canada's charter of rights, a Homeland Security spokesman said, including the ability to fingerprint travellers who approach the Peace Bridge but then decide not to cross.

Canada allows only those being charged with a crime to be fingerprinted.

"That's a vital authority that we're simply not willing to surrender," DHS spokesman Russ Knocke said.

The Horror! - only fingerprinting those who are actually guilty of a crime.

I believe that the section of the Charter of Rights and Freedoms (http://www.answers.com/canadian+charter+of+rights+and+freedoms)that provides this protection is likely a combination of:

  • Section 7 - fundamental justice;
  • Section 8 - right against unreasonable intrusion from the state;
  • Section 9 - right against arbitrary detainment and imprisonment;
  • Section 10 - the right to on arrest or detention a) to be informed promptly of the reasons therefor; b) to retain and instruct counsel without delay and to be informed of that right; and c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful;
  • Section 11 - Right to be presumed innocent.

(I am not a constituational lawyer nor scholar - so feel free to correct if you are.)  Oh and since the US no longer subscribes to Habeas Corpus, how would that affect section 10c?

For the moment, I have to give some recognition to Stockwell "Doris" Day for not folding like a cheap card table when faced with Chertoff's request.

"If the administration decides to stay with their decision, that will shut down that potential," Canadian Public Safety Minister Stockwell Day said.
Day said the United States would not accept broader background and criminal checks as alternatives to the fingerprint requirement.

"That would run up against some of our individual rights," he said.

The sheer callousness and absolute despotism of the administration shows in the following quote from Mr. Knocke:

Knocke, at the Department of Homeland Security, said it was Canada's interpretation of its own civil rights laws that prevented agreement.

"The U.S. government reached accommodations with the government of Canada on a number of challenging issues," he said.

Excuse me!?  

We don't know how to interpret our own civil rights?  

If by interpret, you mean we find some nutbar like John Yoo to shred the rights to bits - Mr. Knocke - you are absolutely, unequivably, unfailingly, incredibly dead wrong.

You already trashed your Bill of Rights, purged more than 700 years of habeas corpus and defecated all over your constitution.

Don't even think about treading on ours you fascist prick!  We'll scrap with you down to our last hockey stick.

Nearly 200 years ago another George (Izard) abandoned the American presence at Fort Erie in the War of 1812, never to return.  

Mr. Knocke - you and/or the DHS Fatherland dreams will never return to Fort Erie without recognizing that Canadians take their Charter pretty damn seriously.

So in closing, Mr. Knocke - take off eh, get the puck out of here and may you be cursed with the worst case of Beaver Fever!

http://www.dailykos.com/story/2007/4/26/12659/3277

Tips, Double Doubles, Two-Fours, Beaver Tails, Poutine, Saskatoon Pie, Fiddleheads, Newfoundland Screech and Naniamo Bars are also all accepted

"now this is not the end, it is not even the beginning of the end. But it is, perhaps, the end of the beginning." W. Churchill

by Thor Heyerdahl on 04/26/2007 01:41:34 AM EST

My first year of graduate school, I quickly realized that the only thing I was getting homesick about was not having had a nanimo bar for months. So I learned how to make them. The result: communities of people in at two U.S. states who now know the goodies as "those delicious snacks MGK brings to potlucks".

This diary, like the nanaimo bar, is highly recommended.

by MGK on 04/26/2007 02:05:48 PM EST

[ Parent ]
...the best.  What else can I say.  My good wife makes two kinds - using a store bought mix ( pretty good ) or homemade ( heavenly ).

I rarely give them away.  But for you - have a couple.

Here's a golden oldie - Conserve Water / Shower with a friend

by willy be frantic on 04/27/2007 10:03:35 PM EST

[ Parent ]
Nanaimo Bars!

The Grasshopper Lies Heavy

by Frank Frink on 04/26/2007 01:14:55 PM EST

[ Parent ]
no way you're getting your hands on my Poutine!

The Next Agenda for Progressive Canadian Politics

by CanadianBill on 04/26/2007 11:10:24 AM EST

[ Parent ]
At least the Star article was up front about the fingerprint issue being the stalling point.

Was reading a Canada.com item on this earlier this morning and couldn't quite figure out what was causing an impasse until very close to the end when they finally mentioned the fingerprinting. Almost as if they were trying to bury it since most readers probably didn't get past 5 paragraphs.

Wow! So 'Doris' actually has a grasp on the Charter. I'm truly amazed.

Ah! Nothing says 'Welcome to America' like being made to feel like a criminal before you're allowed to enter.

The Grasshopper Lies Heavy

by Frank Frink on 04/26/2007 01:26:43 PM EST

...would probably last up until such time as he is part of a Conservative majority government.

by Poeschek on 04/26/2007 02:34:45 PM EST

[ Parent ]
Nothing says 'Welcome to America' like being made to feel like a criminal before you're allowed to enter.
Well after all, you ARE a foreigner.

And you know we learned a thing or two from the National Socialists - why limit one's fear & hatred to a single group? One runs out of members to a particular group so quickly!

We're perfecting our collective fears by projecting it onto everyone else.

    of course when you piss off everyone else, perhaps it's prudent to watch your back, eh?

by daMule on 04/27/2007 04:18:54 PM EST

[ Parent ]
staying away from the U. S. of A.

US Detention centres aren't just for (Canadian) kids, ya' know.

Her 'crime'?
going 55 miles an hour in a 35 zone and failing to stop at a stop sign while being a furrin'er.

As the article mentions:

"If this happened to an American in Canada and they were driving through Ottawa or Toronto, their government ... would go ballistic," he said. "This shouldn't happen. It's ridiculous."

And the reasoning/spin?

Georgia state police senior trooper Larry Schnall said it's "routine" for police to haul out-of-country visitors to jail for traffic violations. He said the policy is in place to prevent tourists from other countries, and some U.S. states, from racking up speeding tickets they never intend to pay.

(And apparently, 'foreigners' don't have to be Mirandized either. Yes, I know that habeus corpus is no more.)

Although a CTV.ca story mentions this

Georgia corrections officials agree the situation was handled poorly and say Kuehn should have been released within an hour of her arrest. Glynn County Sheriff Wayne Bennett told the Ottawa Citizen that this is the first time a foreign national has been detained so long on such minor violations.

"And it damn well better be the last," he said.

Bennett added that some of the officers involved could be disciplined over the matter.


Yeah, right. and I've got a bridge in Brooklyn for sale. Cheap.

The Grasshopper Lies Heavy

by Frank Frink on 05/02/2007 03:09:04 PM EST

[ Parent ]
I carry a copy of the Vienna Conventions Article 36 with me when I travel to the Excited States...or have they tossed that one out too for being quaint?

"now this is not the end, it is not even the beginning of the end. But it is, perhaps, the end of the beginning." W. Churchill

by Thor Heyerdahl on 05/03/2007 04:34:41 AM EST

[ Parent ]
is an excellent idea.

The US has become a rogue state in so many ways, why any Canadian would feel safe or deluded enough is beyond me.

Spend those vacation dollars in Canada, a speeding ticket will come in the mail.

I support the separation of Church and Hate....

by Pale on 05/02/2007 04:01:55 PM EST

[ Parent ]
My parents went to Stowe Vermont during the March Break. They invited my daughter and I drove her to the crossing at Prescott, handing her over to my parents, along with her passport and letter of permission to travel with her grandparents.
When they got back, I was told they got held up because my mother didn't have her passport (it was in the process of being renewed), and she didn't think to bring her citizenship card.
My mother is bent over from osteoporosis and compression fractures, and is suffering from mild multi-infarct dementia. Just one look at her exiting a car and walking should have shown them she's no threat...but no, they had to fingerprint her, take a mug shot, and make her sign something that she had not and would not participate in any protests (or subversive behaviour etc.).
We are going to Cape Cod again this summer, even though I get more wary each year; we also have to hope the hotel where we stay still has a beachfront when we get there! (last week CNN had a report on the latest round of beach erosion from a nor'easter - there's a new mini-island in the Chatham/Orleans area (the "elbow"), which is just a few miles from where we stay on the south side).

by anniethena on 05/02/2007 05:00:44 PM EST

[ Parent ]
I had to think of a subject line.  Sorry that it has nothing to do with my post.

It looks like the Dept of Homeland Security is the 'stick in the mud' on this issue.  I found an article with a couple of 'timbits'.  The article is all the way at the bottom of the page of the site.

They've agreed on issues involving firearms, arrest powers and information gathering.
[...]
"They're not giving an inch," Slaughter said of Homeland Security's position on fingerprinting.

A good bit of diaring there, Thor.  Probably three days ahead of my paper, if it even covers it.

Here's a golden oldie - Conserve Water / Shower with a friend

by willy be frantic on 04/26/2007 11:10:36 PM EST

In Niagara Falls would the US government then have to fingerprint every single tourist that walks/drives south on the River Promenade as they approach the falls?  Try that on a long weekend (snark).  They are after all prospectively close to approaching the Rainbow Bridge.  They'd need to ship the fingerprinting ink to the Niagara frontier by the barrelful.

In Windsor would they have to fingerprint all the locals who decide to visit the Casino, or all the students at U of Windsor (part of the campus is past the border inspection area - but separated from the bridge traffic)?  They're prospectively approaching the Detroit-Windsor Tunnel and the Ambassador Bridge ya know...

"now this is not the end, it is not even the beginning of the end. But it is, perhaps, the end of the beginning." W. Churchill

by Thor Heyerdahl on 04/28/2007 02:52:28 PM EST

A viewpoint from across the Niagara from Fort Erie.  

With so much snark included - you'd think they serve it as a side to their hotwings on the Lake Erie shore.

http://www.buffalonews.com/149/story/66478.html

Bad news for the border
Homeland Security's foot-dragging turns into a boot for bridge plaza plans

Updated: 05/02/07 6:38 AM

The apparent death of a promising plan to ease traffic over the U.S.-Canadian Peace Bridge has the Bush administration's fingerprints all over it - a whorl of paranoia, a couple of loops of incompetence and more than one arch that disrespects Canada's bill of rights as much as it does our own.

snip

The United States wanted to take fingerprints from some travelers who acted a little suspicious, specifically those who approached the border but, for whatever reason, decided not to cross. But Canada's Charter of Rights and Freedoms - which apparently does not treat changing one's mind as evidence of terrorist intent - is held to forbid taking fingerprints from any person not charged with a crime.

Such presumption of innocence is apparently another thing that the U.S. administration considers "quaint." And that's really too bad, not only for those who respect the rule of law but also for those who make a living going back and forth across what used to be called the world's longest unmilitarized border.

snip

A new Peace Bridge remains in the plans, and a new border crossing plaza would be built with it. But absent a change of heart, or of administrations, that plaza will have to be built in Buffalo, in a densely populated spot that lacks the acreage available on the Canadian side. The result is a longer and costlier process, with the need to buy or condemn 68 more businesses and homes than had previously been envisioned, and more neighborhood impacts. That will add as much as $46 million to the cost, now estimated to top $334 million, and the inevitable property negotiations and litigations will push the completion date back for years.

Although border traffic has dropped since 9/11, the bridge link to an Ontario region that is North America's third-fastest growing economy is vital for the Buffalo area. Ending the truck idling that deteriorates air quality in the bridge neighborhood also is important, and the region would benefit from a start to the rehabilitation of Frederick Law Olmsted's Front Park. Homeland Security's intransigence stalls all that.

You're doing a heck of a job jerkChertoff!

"now this is not the end, it is not even the beginning of the end. But it is, perhaps, the end of the beginning." W. Churchill

by Thor Heyerdahl on 05/03/2007 04:51:46 AM EST

When your constitution gets thrown in the shredder, it'll be because of your own Conservatives.  Totally organic.  The US will just help out by lending its PR firms and maybe Luntz himself.  That'll smooth the transition.  

Canadian Republicans Suck

by prole on 04/26/2007 10:33:41 AM EST

This is a rare time when I have to partially disagree with you :>)

When your constitution gets thrown in the shredder, it'll be because of your own Conservatives

It will actually be because Canadian voters did not pay close enough attention to what the Conservative Agenda really is.  If it happens.  We must not let it!  

The Next Agenda for Progressive Canadian Politics

by CanadianBill on 04/26/2007 11:12:55 AM EST

[ Parent ]
And so true!

Canadian Republicans Suck

by prole on 04/26/2007 11:16:06 AM EST

[ Parent ]