SPP: Enhancing Canadian Law Enforcement Presence on

UNCLAS SECTION 01 OF 02 OTTAWA 001780

SIPDIS

STATE FOR WHA/CAN, INL

WHITE HOUSE FOR HOMELAND SECURITY COUNCIL

DHS OFFICE OF INTERNATIONAL AFFAIRS (Marmaud)

CUSTOMS AND BORDER PROTECTION (Bonner)

SENSITIVE

E.O. 12958: N/A
TAGS: ETRD ELTN ASEC CA PTBS
SUBJECT: SPP: Enhancing Canadian Law Enforcement Presence on
the Border

Ref Ottawa 0940

SENSITIVE BUT UNCLASSIFIED--PLEASE PROTECT ACCORDINGLY.


1. (SBU) Summary: The President of Canada's Customs
Officers' Union (CEUDA) has made the case before a
Parliamentary committee that Canada needs an enhanced armed
presence along the border between official ports of entry
(POEs),and more generally that Customs officers need to
have better access to law enforcement tools. Deputy Prime
Minister Ann McLellan, who has ministerial responsibility
for policing and border security, is opposed to the idea of
expanding the law enforcement activities of Customs officers
and insists that the RCMP is doing a very capable job of
policing the border. Post is aware of significant anecdotal
evidence that supports the CEUDA assertion that there are
myriad security deficiencies along the Canada-U.S. border,
and more data will soon be forthcoming. Creation of a
Canadian Border Patrol may be one way of addressing these
putative deficiencies; however, another way would be to
leverage the presence between ports of entry of U.S. Border
Patrol and other U.S. law enforcement agencies via the
objectives of SPP Security Goal 6, Law Enforcement and
Intelligence Cooperation. Carefully managed use of the
CEUDA information may help us achieve SPP Goal 6 objectives
rapidly. End summary.


2. (U) In March 2005 the union that represents Canada's
5000 Customs Officers (including front line uniformed
officers as well as investigation, intelligence and trade
officers) the Customs and Excise Union Douanes Accise, or
CEUDA, began its effort to describe for parliamentarians and
the media a series of security deficiencies along the Canada-
U.S. border. CEUDA's objective for this effort is to
generate support for the notion of a Canadian "Border
Patrol" to provide an enhanced law enforcement presence
along the border between official ports of entry (see
reftel).


3. (U) Currently Canada Customs officers only have
jurisdiction at ports of entry (POEs); they do not work
along the border between POEs as do the U.S. Border Patrol.
The responsibility to combat the illegal entry of goods and
people along the border belongs to the RCMP, a
responsibility that was transferred from Customs to the RCMP
in the 1930's. CEUDA notes, however, that the ability of
the RCMP to perform this task has been seriously impaired:
the RCMP recently closed nine RCMP detachments in
communities along the border in Quebec province, which,
CEUDA maintains, has exacerbated "a border security crisis
in Canada." RCMP Commissioner Zaccardelli's statements
before the Justice Committee on December 9, 2004, seem to
support the CEUDA assertion that, while the RCMP has the
mandate to patrol the border between ports of entry, the
RCMP does not have enough resources to keep detachments open
and actively patrol the border in Quebec, or many other
areas for that matter (see reftel).


4. (SBU) The information which CEUDA has circulated
includes alarming statistics (See Reftel) suggesting that
the Deputy Prime Minister and other senior Government of
Canada (GOC) officials, such as Canada Border Services
Agency (CBSA) President Alain Jolicouer, are sugar-coating
the facts with respect to border intrusions to support the
GoC's firm position that the RCMP provides an adequate
border policing presence (see reftel). In their
conversation with Emboffs senior advisors to Deputy Prime
Minister McLellan have dismissed CEUDA's assertions of
border security deficiencies as overblown and
inconsequential.


5. (SBU) McLellan's advisors' assessment may reflect a
reasonable strategic policy stance to avoid creating a new
cadre of armed law enforcement officers who will inevitably
demand higher pay (a danger benefit) and more crime-fighting
tools; but the reality on the ground is that Canadian CBSA
officers are full partners with CBP, RCMP, ICE, USCG and
U.S. Border Patrol along the frontier and none of us can
afford a weak link. To illustrate this "weak link" point,
CEUDA officials told us of a Customs Intelligence officer
who very recently provided information to an Integrated
Border Enforcement Team (IBET) about several individuals
upon whom the IBET was to conduct surveillance. The officer
consulted the Canadian Criminal Intelligence database (CPIC)
and provided the information from CPIC to the IBET. The
CPIC information available to CBSA, however, did not
indicate that some of these individuals should be considered
possibly armed and dangerous. Subsequently, an RCMP member
checked out these people on CPIC, and because RCMP has a
higher level of access, the RCMP/CPIC information clearly
noted that the individuals were "armed and dangerous"
types.


6. (SBU) The CEUDA official observed that conceivably the
lack of detail available to the CBSA, which was passed on to
and used by the IBET, could have resulted in the IBET group
having confronted the individuals without being fully aware
of the danger they posed.


7. (SBU) Comment: We share the CEUDA concern that there are
significant security discrepancies on the Canadian side of
the land border. We believe as well that an infusion of GOC
resources would be a very positive step. Rather than
support the CEUDA call for a Canadian Border Patrol at this
time, however, post sees clear links between the problems
identified by CEUDA and the several possible strategies to
address border security contained in the SPP. Most of these
are those contained in Goal 6, Law Enforcement and
Intelligence Cooperation, particularly Objective 6.2,
"Increase efforts to assess and defeat smuggling and
trafficking," and Objective 6.4, "Enhance law enforcement
cooperation to better address illegal activities between
ports of entry."


8. (U) Comment continued: Post believes that the public
CEUDA concerns present a rich resource of examples which USG
negotiators can leverage to push/extract the fullest GOC
engagement on achieving SPP objectives. These concerns have
been documented for parliament, and more will be forthcoming
as the result of numerous "Freedom of Information Act"-type
requests that have been made to the RCMP, CSIS and CBSA by
CEUDA. Post will follow-up with CEUDA and report to
Washington agencies on this information as it becomes
available. End Comment.

Dickson