Angry in the Great White North
Has Anne McLellan been negligent in guarding Canada's borders?
Tuesday, January 10, 2006 at 03:56 PM

Read other posts by Steve Janke published by the National Post
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Today, the Customs Excise Union Douanes Accise, the union representing Canada's unarmed border guards, released a report on what it claims to be the deliberate plan by the government to deny sidearms to border guards, and to mislead the guards, Parliament, and the Canadian people as to the risks faced by border guards defending Canada's access points, even as border guards have been tasked with arresting fugitives and smugglers, a change that happened in July 2002.

Along with the report, CEUDA issue three open letters, one to Public Safety Minister Anne McLellan, one to Canadian Border Services Agency (CBSA) President Alain Jolicoeur, and one to the Auditor General of Canada, Sheila Fraser.

The CBSA falls under Anne McLellan's cabinet portfolio.

CEUDA makes some startling allegations, and wants the Auditor General to investigate. In 2002, a Calgary-based risk management firm ModuSpec was hired to evaluate the risks associate with the duties of Canada's border guards. A draft report was delivered, and then a final report issued. CEUDA alleges that the report was altered:

From documents obtained, it is clear that ModuSpec's original "draft" Final Report, or "Working Copy", was submitted to the CCRA [Canada Customs and Revenue Agency] and not to the joint union-management Occupational Heath and Safety Committee. That original draft called for an armed police (not Customs) presence at six large border crossings throughout Canada, namely the Windsor Tunnel, Windsor Bridge, Peace Bridge, Bluewater Bridge, Douglas/Pacific Highway, and Lacolle. Presumably, as a result of discussions between ModuSpec and unspecified persons at the CCRA, the armed presence recommendation was removed and replaced with a recommendation against arming Customs Officers. The fact of that change was not conveyed to CEUDA prior to the release of the Final Report in February of 2003.

That quote comes from the Northgate Report, a study commissioned by CEUDA that documents the evidence that the Liberal government, first under Jean Chretien, and then under Paul Martin, refused to arm Canada's border guards, to the point of ignoring the recommendations of studies the government itself commissioned:

Moreover, Northgate obtained an undated copy of a memorandum written after the launch of the ModuSpec study, but before its completion, by CCRA Commissioner Rob Wright to then Minister Elinor Caplan. In it, Mr. Wright notes:

"Notwithstanding our agreement to conduct the Job Hazard Analysis, based on our analysis to date, it remains our position that Customs Officers do not require firearms to carry out their duties safely and effectively."

Mr. Wright then advises the Minister that a Deputy Ministerial Committee that he cochaired would, in the future, be recommending against further arming of federal enforcement officers. This almost certainly refers to what is the now the Government of Canada policy on the same subject, not issued until November 2003.

It will be interesting to hear from Minister McLellan how the government intends to keep smuggled American guns off the streets of Toronto when her own border agency is purposely kept unarmed, and undermanned:

Information received suggests that CBSA/CCRA has operated a managerial 'bonus' system where individual managers received personal financial benefit for meeting BMP [Border Management Plan] quotas and for reducing staffing costs. Such a system in a law enforcement environment invites corruption of the enforcement mandate which is precisely what the Northgate study suggests may be ongoing.

Reduced staffing costs. Any doubt about which party stands on guard for thee?

Remember that line from Monday's debate, where Paul Martin huffily reminded Stephen Harper that the US is our neighbour, but not our nation? From the Northgate Report:

It was discovered that U.S. Customs management has directed their Officers to not take their sidearms with them if they go into Canada to assist Canadian Officers. Fortunately for some Canadian Officers, this policy appears not to always be strictly followed. The reliance on U.S. Customs by some Canadian border locations is a verifiable sign of the risk to the lives of Canadian Border Services Officers and further demonstrates the need to provide sidearms to Officers in these locations.

At a minimum of 12 locations (see Table 12), U.S. Customs and/or Canadian Border Services Officers reported incidents of U.S. Customs providing an armed back-up to CBSA Officers. Northgate associates suspect it occurs at other remote POE across Canada.

At the locations listed in Table 12, U.S. Officers, some of whom were interviewed for the Study, would keep watch of the Canadian PIL. When they saw a car sit too long in the lane, they would walk over to see if the Canadian Officer needed assistance. Officers also did not wait for the U.S. to wander over and check on the Canadian Officer and called U.S. Customs requesting their armed assistance.

Also interviewed was one Officer who stated he hit his PASS panic button during a dangerous situation, because he knew the PASS panic button system automatically called U.S. Customs first.

There is much, much more. The Northgate Report alleges, for example, that two CCRA reports and one Audit Canada report were suppressed, again because they recommended arming border guards. Other reports and documents were destroyed. Labour complaints related to safety were undermined by a refusal to share reports related to risk factors.

I will continue to read this material -- the report runs almost 200 pages.

But it is clear that Canada's border guards are very upset, and have been for years. The union member who emailed me with the heads up says a mass walkout is possible.

But then they might just wait until January 24 before making a decision. Stephen Harper has made border security an issue:

Measures to crack down on firearms smuggling and toughen security at Canada's border crossings, including giving our customs agents the support and equipment they need to do their job.

CEUDA had this message for Anne McLellan:

Should you remain in a position to deal with these matters following January 23rd, 2006, CEUDA remains willing to work with you constructively to do what's right for front line and inland CBSA officers and Canadians.

Sounds like they plan to wait.

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