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. Back to all posts Share this post:
ravinder kaur I and my family want to express our sincere thanks and gratitude to Devika, John and the team at Borders Law firm for assisting us with the PRTD application at a time when most processing was closed due to lockdowns. They also worked proactively with us to establish a good strategy with back up plans which gave us sufficient information and assurance. Very responsive and forthcoming with information. Proactive in processing but at the same time they put enough time in the application and the supporting details to have high quality of the application. As a result our application was processed in 1 go at a time when it was critical and sensitive time for the family. Thank you again.
Madhuker Akula Associated with Borders Law Firm for 13+ years, I have nothing but the best things to say about their services. Devika and Andres are very knowledgeable and they treat you with respect and compassion. Working with Jenny, their Associate Lawyer during the most recent recent experience has further assured that the firm has the best people portraying their wealth of experience in all aspects of Canadian immigration law.
Chenia Lobo Highly recommend Borders Law firm. Their service was great, extremely professional and always timely. I never had any problem throughout my whole process. So pleased with Jenny & devika and all the work they did.
Baljinder Singh Everyone in this office was incredibly supportive and helpful. In a situation that could have been very stressful, they took care of EVERYTHING. Thanks Jenny and Devika for providing exceptional service. Dealt with them for the second case, they kept me in loop for the whole process. Highly recommend using them again which in hindsight I will not have to but if you ever need legal help, they are definitely the people to go to!