A new bill proposed by the Liberal government, Bill C-23, expands the powers of U.S. border guards on Canadian soil and places limits on permanent residents and their right of entry to Canada. Under current law, a Canada Border Services Agency Officer may alert Citizenship and Immigration if they feel a permanent resident has violated the terms of their residency but cannot prevent them from boarding their flight. Permanent residents, like Canadian citizens, enjoy an absolute right to entry.

However, under clause 48(4) of the proposed bill, a CBSA officer may now prevent the permanent resident from boarding their flight to Canada where they feel the permanent resident has not met their residency requirements. The resident has the option of driving or finding a ride to a land border, where their legal right to enter Canada is still unimpeded.

In response to a Canadian Lawyer query requesting further clarification on the operation of this clause, Public Safety Canada spokeswoman Mylène Croteau stated that the traveller would be advised of the reasons for their refusal. They would be able to seek a review of the CBSA officer’s decision before the Federal Court. She added that the government intends to develop regulations that will clarify the grounds of inadmissibility under which CBSA officers may refuse permanent residents pre-clearance.

Another contentious aspect of the proposed bill is that it gives American border officials increased power to question and detain Canadian citizens who seek pre-clearance to travel to the United States. American officials can continue to question Canadians attempting seeking pre-clearance, even if the Canadian withdraws their request to enter the United States.

The Bill is scheduled for a second reading in the House in June 2017.


Borders Law firm

Khalil Ahmad

I have had a great experience with Borders Law firm through out my son's citizenship and my wife's PR application. Devika, John Yoon, and Brendan are well knowledgeable and always gave the best advice. John Yoon, I can't thank you enough he made sure all the paper work is in order and dealing with 3 different department at the same time at he tail end of my wife's PR application, always there to answer my questions even after hours. John was just wonderful though out I have had a great experience with Borders Law Firm and I would strongly recommend this firm.

Avinash Mukka

Extreme professionals in handling all the immigration related issues. Borders Law Firm is a one stop where you needs will be fulfilled,personally i would suggest Borders Law Firm to everyone. Thanks to the BordersLaw Firm Team.

sandeep r

My PR Application was taking long time and finally had a query on my case. That is when I approached Border's Law. Devika and Brendan handled my case very professionally with extra care. I highly recommend this law firm especially when you need that extra help. Thanks Devika and Brendan, you guys were so patient with me :).

Amulya

Excellent Firm..! Always helpful, friendly and honest with their work. My personal thanks to Devika and Yana for providing excellent service. I highly recommend them for any kind of Visa application.

See more Google Reviews

Copyright © 2023 Borders Law firm
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.