DEPARTMENT OF HOMELAND SECURITY SECRETARY CHERTOFF

UNCLAS SECTION 01 OF 03 OTTAWA 000875

SIPDIS

SENSITIVE

STATE FOR WHA/CAN, EB/TRA, AND CA/VO

E.O. 12958: N/A
TAGS: ETRD ECIN ASEC PREL CVIS CA PSEPC
SUBJECT: DEPARTMENT OF HOMELAND SECURITY SECRETARY CHERTOFF
MAINTAINS THE DIALOGUE WITH COUNTERPART DEPUTY PRIME
MINISTER MCLELLAN

REF: OTTAWA 774

SENSITIVE BUT UNCLASSIFIED--PLEASE PROTECT ACCORDINGLY.


1. (U) Summary: Handguns entering Canada illegally from the
United States and divergence between Canadian and U.S. visa
policies were two unscripted items discussed during
Department of Homeland Security (DHS) Secretary Michael
Chertoff's and Canadian Deputy Prime Minister (DPM) Anne
McLellan's first meeting on March 17. In general the
meetings discussed progress on implementation of the Smart
Border Action Plan, including critical infrastructure
protection, which is a priority for the Canadians. The
Secretary and DPM looked at progress toward remedying the

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congestion at Windsor-Detroit, the busiest border crossing.
The two leaders also discussed the Buffalo pre-clearance
project, which has so far been stalled primarily over the
issue of legal authorities. Finally, Chertoff and McLellan
participated in a joint press conference on the Top Officials
Three Exercise (TOPOFF 3). End summary.


2. (U) The March 17 meeting was the first occasion for
Secretary Chertoff to meet DPM McLellan since the Secretary

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assumed his position. Their meeting continued the tradition
of close cooperation and frequent consultation established by
McLellan's predecessor John Manley and Chertoff's predecessor
Tom Ridge. In December of 2001 Manley and Ridge had signed
the Smart Border Declaration which laid out a 30-point Action
Plan to identify and address security risks while at the same
time facilitating the legitimate flow of people and goods
across the border. Joint working groups comprised of U.S.
DHS agencies and their Canadian counterparts have met
regularly over the past three years to task recommended
actions and track implementation of the Action Plan.


3. (SBU) The DPM and Senior Assistant Deputy Minister of the
Department of Public Safety and Emergency Preparedness Canada
(PSEPC) Paul Kennedy explained to Secretary Chertoff the
long-standing partnership between the U.S. and Canada in
policing our shared border, a relationship embodied in the
Cross Border Crime Forum. Since the 9/11 attacks in the
U.S., Canada has sought to strengthen its national and
international security posture, spending over CAN $9 billion
on this effort. Canadian National Security Advisor Rob
Wright spoke about the history of the 1995 Shared Border
Accord and how the GOC is trying to do its part to implement
Smart Border activities, some of which (NEXUS and the Safe
Third Country Agreement) had been identified pre-9/11.
Canadian law enforcement agencies have long participated with
their U.S. counterparts in targeting possible cross-border
criminal and terrorist activities; this relationship has been
formalized under the Integrated Border Enforcement Team
(IBET) program. In addition to physical and infrastructure
enhancements to bolster security, Canada also undertook major
legislative initiatives, such as the Security Act of 2002,
which increases the ability of law enforcement agencies to
combat terrorism specifically. Paul Kennedy observed that
the revised Anti-Terror Act presently before Parliament is in
some ways complementary to the U.S. Patriot Act.


4. (SBU) PSEPC has particular responsibility for critical
infrastructure protection. PSEPC officials noted that 60
percent of Canadian infrastructure (e.g., gas pipelines,
electric power lines, tunnels, bridges, and railroads) has
some level of connectivity to the U.S. PSEPC suggested that
there is a need for common risk assessment standards, greater
sharing of information regarding threat levels, and more
joint exercises. PSEPC sees as immediate challenges the
removal of high risk threats and security on the Great Lakes
and St. Lawrence Seaway.


5. (SBU) PSEPC also raised the problem of cross-border
firearms smuggling, with DPM McLellan referring specifically
to smuggled pistols coming into Canada from the U.S. and
being used in drug-based gang violence in Toronto. (Comment:
Indeed, Canadian media reported the previous day on the
conviction of two gun smugglers, including one who brought 23
handguns into the country through the Windsor tunnel. End
comment.) Secretary Chertoff asked if Canada experiences the
same problem with handguns as the U.S.; the DPM replied that
it does not, because Canadian law does not recognize a right
to bear arms.


6. (SBU) The U.S. raised the issue of visas. Visa policy
coordination is one of the items on the Smart Border Action
Plan. (Comment: It is also one of the most touchy due to
sovereignty and privacy considerations. End comment.)
Secretary Chertoff asked about Canadian visa issuance

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procedures and if his understanding is correct that a mail-in
program was part of the process. The DPM and Rob Wright said
that wasn't true, that interviews were done. They added that
due to more stringent and demanding procedures, especially
for some former visa waiver countries, there is a large
backlog of visa applications. Wright said that when security
is the issue, there should be harmonization between the U.S.
and Canada. The U.S. asked about the wisdom of Canada not
requiring visas for South Koreans, particularly given reports
that South Korean women are smuggled through Canada into the
U.S. to work in the sex trade. The DPM acknowledged that
Canada had recently reconfirmed its position of not requiring
visas of South Koreans, but she said she would consult with
the Minister of Immigration on this U.S. question and
concern.


7. (SBU) When discussion turned to the Windsor-Detroit
Gateway and what seems to be a rather long lead time (until
2013) to actually implement any of the long-term solutions
currently on the table, DPM McLellan warned that the USG and
GOC should remain objective and not prejudge the five options
currently being considered. She added that the process is
underway (beginning with the announcement of contracts for
environmental impact assessments) and should be allowed to
move forward. The DPM and her staff suggested that President
Bush and Prime Minister Martin should continue to underscore
the importance for both nations of finding a solution to
easing congestion at the Windsor-Detroit corridor. Agencies
of both governments are currently implementing short-term
solutions to meet the 25 Percent Challenge (to reduce transit
times by 25 percent over 12 months) announced during the
December 2004 Ridge-McLellan meetings.


8. (SBU) The U.S. and Canada have identified the
Buffalo-Fort Erie crossing as the potential site for a pilot
land pre-clearance project. This pilot presents a different
sort of challenge than that at Windsor-Detroit, however, in
that it envisions national enforcement officers operating on
foreign territory: Canadian CBSA on the U.S. side, and U.S.
CBP in Canada. There are many vexing questions concerning
this arrangement, including the extent of authorities
(search, detain, arrest),immunities, and foremost perhaps,
the carrying of firearms. Other problems include the
question of whether or not a person intending to cross the
border would be allowed to withdraw once an inspection has
started. Secretary Chertoff acknowledged the difficulty
posed by the asymmetrical authorities currently exercised by
CBP and CBSA. Rob Wright said that mechanisms could be
agreed upon, such as targeting, that would allow the project
to work. DHS staff explained that a study of the Buffalo
pre-clearance pilot is underway. Operational analysis must
be done, with a view to identifying the greatest facilitation
and maximization of resources. A progress report is
anticipated in May. All agreed that a way can be found to
allow the pilot project to go forward.


9. (SBU) Looking at opportunities for future collaboration,
Rob Wright said that Canada's National Security Policy will
continue to bind the U.S. and Canadian security strategies
ever closer together. The Bush-Martin and Ridge-McLellan
meetings in December 2004 were important steps in creating
the environment to build stronger security ties. The March
23 "Trio" meeting in Texas would provide another opportunity.
Wright commented that domain awareness, the broadening of
shared procedures at the borders, and economic imperatives
should tie the countries together. Secretary Chertoff and
DPM McLellan will be in Texas for the roll out of the
Security and Prosperity Partnership.


10. (U) Secretary Chertoff and DPM McLellan (and the British
Home Secretary via pre-recorded video) held a press
conference announcing the TOPOFF 3 exercise April 4 - 8 that
will simulate a terrorist attack to test emergency plans and
procedures. The U.S., Canada, and the United Kingdom are the
principal participants with 13 other countries, including
Mexico, as observers. In their press statements the
Secretary and DPM emphasized the U.S.-Canadian partnership to

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thwart terrorism while at the same time facilitating the free
flow of legitimate commerce and people.


11. (U) Comment: This was a successful first meeting
between Secretary Chertoff and DPM McLellan, which will help
them move through a full bilateral agenda. There remain,
however, many legal (enforcement authorities, privacy issues)
and political (sovereignty) hurdles to be overcome in
achieving optimal cooperation on border security.

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