By Dana Gabriel
September 19, 2011
The U.S. and Canada
are very close to unveiling a North American perimeter security deal that would
promote greater integration between both countries. This includes expanding
collaboration in areas of law enforcement and intelligence sharing which could
dramatically affect sovereignty and privacy rights.
While there is a
need for more public scrutiny, INCREMENTALISM has been used to advance North
American integration. In many ways this has kept the agenda under the radar.
Much like NAFTA and the Security and Prosperity Partnership, a U.S.-Canada
perimeter security agreement would represent another step in the consolidation
of North America.
During his speech
at a recent meeting of northern border states, U.S. Attorney General Eric
Holder told participants that the U.S. and Canada are set to launch a pilot
project next year which will allow law enforcement officers to operate on both
sides of the border.
Holder explained
that,
“the creation of ‘NextGen’ teams of cross-designated officers would allow us to more effectively identify, assess, and interdict persons and organizations involved in transnational crime.”
He went on to say,
“In conjunction with the other provisions included in the Beyond the Border Initiative, such a move would enhance our cross-border efforts and advance our information-sharing abilities.”
The declaration,
Beyond the Border: Shared Vision for Perimeter Security and Economic
Competitiveness issued by President Barack Obama and Prime Minister Stephen
Harper last February, identified joint law enforcement operations and
information sharing as a high priority.
There are already
examples of what we could expect from a security perimeter as some Canadians
have been denied entry into the U.S. after their records of mental illness were
shared with the U.S. Department of Homeland Security.
While further
details of the new joint law enforcement project are not yet available, Stuart
Trew of the Council of Canadians pointed out that the plans are well advanced.
This prompted him
to question,
“Why is Harper consulting with Canadians on a done deal? We haven’t had a chance to yea or nay the perimeter agreement which is expected to be released as an ‘action plan’ within weeks. But a pilot project that legalizes and normalizes US policing activities in Canada is already set to begin next year.”
He added that this
confirms,
“The Harper government will use its limited public consultations earlier this year to move ahead quickly with whatever new cross-border policing and information sharing commitments it wants, regardless of privacy and other concerns.”
Last month, the
Canadian government released two reports which summarized public input received
concerning regulatory cooperation, as well as security and trade across the
border. While improving the movement of goods and people was the priority for
business groups, many individuals expressed concerns over the loss of
sovereignty, along with the protection of personal information.
On top of
announcing plans to create teams of cross-designated officers, Attorney General
Eric Holder took time to praise bilateral relations between the two countries,
but acknowledged,
“There are areas in which the U.S. and Canada can enhance cooperation in criminal investigations and prosecutions. And I believe we must consider how extradition, and mutual legal assistance, processes could be streamlined.”
He also stated,
“As Canada’s national government considers various anti-crime policies and approaches, we will continue working to implement a comprehensive anti-crime framework.”
Does this mean that
as part of a security perimeter, Canada would have to change its legal system
to better reflect U.S. laws? As the fall session of Parliament gets underway,
the Harper government is set to table tough new criminal reform legislation.
In the report
entitled Shared Vision or Myopia: The Politics of Perimeter Security and
Economic Competitiveness, former Foreign Service officer Gar Pardy warns that a
perimeter security deal with the U.S. could sacrifice Canadians privacy while
doing nothing to improve the flow of trade across the border.
In his report,
Pardy reveals that
“The concessions the Americans want is the transfer of enormous amounts of information about Canadians and others about whom Canada collects information. It is evident that to meet such expectations Canadian privacy laws will need to be ignored, violated or weakened.”
He also stated
that,
“The Shared Vision approach essentially promotes the idea that in order to restore the status quo ante implicit in the free trade agreements there have to be large political concessions by Canada that will satisfy American security concerns.”
This could explain
the Conservative government’s announcement that it will reintroduce
anti-terrorism measures which have expired and are on par with sections of the
liberty-stripping U.S. Patriot Act
.
The move is tied to
plans for a security perimeter and is aimed more at satisfying U.S. fears.
In his report
released by the Rideau Institute, Gar Pardy also warns that,
“when Canada–United States privacy protection principles are under bilateral discussion, privacy protection will not be increased. A more likely result is that existing Canadian privacy laws, as flawed as they are, will erode to meet the demands of the United States.”
As part of his
report, he recommended measures that would better protect privacy rights and
encourage transparency. This included all new agreements with the U.S. affecting
the privacy rights of Canadians, be reviewed by the Privacy Commissioner.
Pardy called for
the creation of a single authority to oversee all federal police and security
organizations participating in information transfers between both countries. He
also recommended a separate treaty that would protect personal information
transferred to the U.S. for national security purposes. With regards to a
perimeter security deal, Pardy concluded that,
“If Canadian concessions on security and privacy rules do result in the lessening of American border restrictions and controls, then such results would always be hostage to future events over which Canada has no control.”
It is important to
keep in mind that the move towards a North American security perimeter is being
done without congressional or parliamentary approval.
There is no reason
to trust that our governments will strike any kind of balance between security
and freedom.
That is why it is
imperative that we demand more transparency and input.
With a joint action
plan expected to be released soon, it is my hope that Canadians and Americans
will reject any perimeter security deal that reduces privacy rights and further
puts our sovereignty at risk.
Dana Gabriel is an
activist and independent researcher. He writes about trade, globalization,
sovereignty, security, as well as other issues. Contact:
beyourownleader@hotmail.com. Visit his blog at beyourownleader.blogspot.com
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