I had the honor of testifying before Canada’s Senate Committee on National Security and Defence in April, concerning the border and Canada’s bill to legalize cannabis nationally.
The Committee issued an interesting report, in which they recognize that legalization may lead to border issues. The Committee makes recommendations for diplomatic and legislative action. The Report mentions potential issues with Pre-Clearance, NEXUS, and with interrogations. Below I’ve pasted the Committee’s report and related press release.
Report of the committee
Tuesday, May 1, 2018
The Standing Senate Committee on National Security and Defence has the honour to table its
Your committee, which was authorized to examine the subject matter of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, insofar as it relates to Canada’s borders, has, in obedience to the order of reference of Thursday, February 15, 2018, examined the said subject-matter and now reports as follows:
At the Committee’s meetings of March 19, March 26 and April 16, 2018, thirteen witnesses appeared to present their views on the subject matter of Bill C-45. Your committee presents the following comments on the bill as it relates to Canada’s borders:
1) Your committee wishes to minimize any negative effects of Bill C-45 on the movement of travellers and goods across the Canada-U.S. border. First, your committee wishes to prevent, as much as possible, Canadian travellers from being further interrogated or searched by U.S. customs officers as a result of the legalization of cannabis in Canada. Your committee also wants to prevent, as much as possible, an increase in the number of Canadian and U.S. travellers being stopped at the border for possession of cannabis. Your committee heard from witnesses who believe that, after Bill C-45 comes into force, Canadians could face delays and more Canadian travellers could face legal proceedings and/or inadmissibility for life for a cannabis offence or for simply admitting previous cannabis use to U.S. customs and border protection officers.
2) To prevent the above-mentioned problems, your committee encourages the Canadian government to have formal discussions with the U.S. government to clarify the U.S. government’s position with respect to Canadian travellers who admit to previous cannabis use. Specifically, your committee encourages the Canadian government to have formal discussions at the political level in order to clarify whether Canadians who admit to having previously used cannabis will face inadmissibility to the United States if Bill C-45 is passed. If so, your committee encourages the Canadian government to make it clear to U.S. authorities that, in its view, following the coming into force of Bill C-45, Canadian travellers should not be prohibited entry into the United States for activities that are legal in Canada, such as using cannabis or working for a company that legally produces cannabis. Your committee encourages the government to continue its dialogue with the U.S. government and to clearly and firmly communicate Canada’s position in order to minimize the impact of Bill C-45 on Canadian travellers. This dialogue could also help find solutions to issues and problems that will arise at the border following the entry into force of Bill C-45.
3) In the context of this dialogue with the United States, your committee encourages the government to negotiate an agreement with the United States on the treatment of travellers at the border on issues related to cannabis, notably on the types of questions that border officers of both countries ask travellers in light of the fact that consuming cannabis will be legal in Canada following the entry into force of Bill C-45 and that it is already legal in several American states. This bilateral agreement could also protect workers of Canadian companies in the emerging cannabis sector in order to ensure that the workers of these companies are not banned from entry into the U.S. because they are “associated with drug trafficking,” as current U.S. law states.
4) In conjunction with diplomatic activities, your committee encourages the government to increase the scope of its awareness campaign to make it clear to Canadians that crossing the Canada-U.S. border while in possession of cannabis will remain illegal even if Bill C-45 comes into force. This awareness campaign should also make it clear to Canadians that they may be denied entry into the United States if they admit to previous cannabis use. Although Canadian officials who appeared before your committee stated that an awareness campaign would be launched soon, your committee believes that additional efforts should be made in the coming months to ensure that Canadians understand the seriousness of the consequences they will face if cannabis is found in their possession at the border or if they admit to previous cannabis use. Additional awareness campaigns, one specifically targeting youth and the other focused on those who hold or apply for trusted traveller programs (such as NEXUS and FAST), should be put in place due to the unique vulnerabilities of these groups.
5) Your committee encourages the Canadian government to install signs and posters at border crossings and pre-clearance sites clearly explaining to travellers that it is illegal to cross the Canada-U.S. border with cannabis. Witnesses from Public Safety told the committee that such signs would be installed at the border. Your committee encourages the Canadian government to accelerate the implementation of its awareness campaign and the installation of signs and posters before Bill C-45 comes into force so that travellers are aware of the consequences they face if they try to cross the Canada-U.S. border with cannabis.
6) Your committee encourages the government to modernise preclearance measures in light of Bill C-45. In accordance with An Act respecting the preclearance of persons and goods in Canada and the United States, which received Royal Assent on December 12, 2017, travellers are obliged to truthfully answer any question posed to them by U.S. border officers, which means that Canadians who submit to preclearance must truthfully answer any questions about their cannabis use. At regular border crossings, travellers who refuse to answer these types of questions can be denied entrance into the U.S., but do not face lifetime bans or prison terms. However, travellers who refuse to answer questions in preclearance areas could face sentences of up to two years in prison for “resisting or wilfully obstructing a preclearance officer.” Your committee therefore encourages the government to modernise the Act respecting the preclearance of persons and goods in Canada and the United States in light of Bill C-45.
7) Lastly, your committee requests that the government table before Parliament a plan to protect Canadian travellers at the border. This plan should outline the measures that the government intends to take to minimise the impact of Bill C-45 on the movement of travellers and goods across the Canada-U.S. border. This plan should also explain the approach that the government intends to take in its negotiations with the United States in order to ensure that Canadian travellers are not denied entry into the United States for previous cannabis use or for engaging in any other type of activity that would become legal following the entry into force of Bill C-45.
The Standing Senate Committee on National Security and Defence
Legalized cannabis could lead to border-crossing woes
May 2, 2018
Ottawa – If recreational cannabis becomes legal in Canada, the federal government should continue official discussions with the United States about the treatment of Canadian travellers so that they remain able to cross the border with minimal inconvenience, the Senate Committee on National Security and Defence said Tuesday.
Committee members made a number of comments with regard to the legalization of cannabis after studying the issue as it relates to Canada’s borders.
Senators wish to minimize the effect of legalization on the movement of travellers and goods so that Canadians do not, for instance, face lengthy interrogation or increased searches by U.S. customs officials.
Witnesses have testified that Canadians travelling to the U.S. could be inadmissible for entry simply for admitting to previous cannabis use.
The committee requests that the government table before Parliament a plan to protect Canadian travellers at the border.
• Pursuant to a motion adopted in the Senate on February 15, 2018, the Senate Committee on National Security and Defence was authorized to study Bill C-45, the Cannabis Act, as it relates to Canada’s borders.
• The motion also authorized the Senate committees on Aboriginal Peoples, Foreign Affairs and International Trade, and Legal and Constitutional Affairs to study aspects of Bill C-45.
• These committees’ reports will be reviewed by the Senate Committee on Social Affairs, Science and Technology during its study of the bill.
“With legalization looming, Canada must be prepared for the consequences. Canadians must be confident that they will still be able to cross into the United States without fear that activities legal in Canada will be held against them. We urge the government to make the necessary diplomatic overtures.”
– Senator Gwen Boniface, Chair of the committee.
“If the legalization of cannabis is to take place with a minimum of harm, the government will need to address the issues our committee has raised. The mobility of people and goods across the U.S. border is crucial to Canada’s economy; we cannot afford to be unprepared.”
– Senator Jean-Guy Dagenais, Deputy Chair of the committee.
“Our actions, as legislators, have consequences. Sometimes they are difficult to foresee, but in this instance it is all too clear that Bill C-45 could adversely affect cross-border mobility. There is still time for the government to take steps to protect Canadian travellers.”
– Senator Mobina S.B. Jaffer, Deputy Chair of the committee.