CONGRESSMAN JAMES SENSENBRENNER SPEAKS WITH THE

UNCLAS SECTION 01 OF 03 OTTAWA 001369 SIPDIS SENSITIVE SIPDIS FOR WHA/CAN, H (BARBARA FLECK),AND CA/PPT (FRANK MOSS) STATE PASS USTR FOR S. CHANDLER AND J. GROVES E.O. 12958: N/A TAGS: OREP ASEC PREL KIPR CA SUBJECT: CONGRESSMAN JAMES SENSENBRENNER SPEAKS WITH THE CONSERVATIVE GOVERNMENT OF CANADA SENSITIVE BUT UNCLASSIFIED--PLEASE PROTECT ACCORDINGLY. ¶1. (SBU) Summary: Congressman James Sensenbrenner, Republican Member of Congress from Wisconsin and Chairman of the House Judiciary Committee, visited Ottawa April 23-25, 2006, accompanied by Judiciary Committee Chief of Staff and General Counsel Phil Kiko. The Ambassador joined the Chairman's meetings with recently-elected (January 2006) Government of Canada (GOC) officials, who included the Prime Minister and Ministers of Public Safety and Justice. The Congressman and Chief of Staff Kiko also met the Commissioner of the Royal Canadian Mounted Police (RCMP) as well as several members of Parliament's Border Caucus who raised questions and concerns regarding the travel document requirements of the Western Hemisphere Travel Initiative. The meetings with GOC officials covered a broad range of law enforcement and border issues, including intellectual property rights (IPR) enforcement, and were uniformly cordial, frank, and positive concerning strengthening bilateral cooperation. The Congressman reinforced the message that the status quo in terms of travel documents used on the Canada-U.S. land border is not adequate and must be changed. End summary. -------------- Public Safety -------------- ¶2. (SBU) Congressman Sensenbrenner, who was the principal author of the Patriot Act, last visited the Canadian capital in December 2004, when the Liberal Party under Prime Minister Paul Martin held the reins of government. In his April 24 meeting with the new Conservative Party Public Safety Minister Stockwell Day, Congressman Sensenbrenner explained the rationale for U.S. legislation concerning security of the border and the U.S. preoccupation with ensuring the integrity of identity documents, particularly those that can be used as travel documents. The December 2004 Intelligence Reform and Terrorism Prevention Act's call for secure travel documents for those entering the United States is the direct result of a finding of lax security by the 9/11 Commission, Congress Sensenbrenner noted. The Western Hemisphere Travel Initiative (WHTI) requires a passport or other acceptable secure travel document for use on the land border with Canada starting January 1, 2008. A passport would be the preferred document, but other secure tamper-proof documents--that prove citizenship and have embedded biometric data to prove identity--are also being considered. ¶3. (SBU) Minister Day spoke of his April 18 - 20 trip to Washington and his very positive meetings with Attorney General Gonzales and Secretary Chertoff. He noted that in his meetings with Secretary Chertoff the two had discussed a secure document other than a passport to meet WHTI requirements, and that the Secretary suggested it was necessary to identify other documents that could be used. Congressman Sensenbrenner remarked that the technology is available to produce such an alternative secure document. (Comment: The GOC has not yet come to grips with the WHTI's call for a passport or similarly secure document for use on the land border starting in 2008 and is still exploring the possibilities of an exemption or special consideration for Canadians. Nonetheless, on April 25 Minister Day announced that Canada is considering a WHTI-friendly move: extending the validity of its passports from the current five years to 10 years. End comment.) Q ¶4. (SBU) Congressman Sensenbrenner explained that many security vulnerabilities exist with documents such as state-issued driver's licenses (the 9/11 hijackers had multiple licenses issued by several states) and local-government issued birth certificates (3,200 counties in the U.S. issue birth certificates). Minister Day and Deputy Minister Margaret Bloodworth said that the GOC appreciates America's concern regarding secure travel documents and the need for standard, verifiable documents that have integrity and cannot be easily counterfeited or altered. They noted that the basic document proving citizenship in Canada, the provincially-issued birth certificate, is not standard or tamper-proof, and Quebec has not yet centralized the issuance of birth certificates. The Congressman noted that paper birth certificates are not fool-proof documents. He observed that we need to put birth certificates on a database in order to confirm their authenticity. Minister Day commented that Canadian officials have discussed with U.S. officials the features that might be incorporated into a standard and secure travel document that would meet WHTI requirements. OTTAWA 00001369 002 OF 003 (Comment: U.S. and Canadian Passport Office officials have been looking at this question for several months. End comment.) Responding to a question concerning a possible extension of the January 1, 2008 deadline for new travel document requirements on the Canada-U.S. land border, the Congressman replied that an extension is highly unlikely and that he would not support an extension. ¶5. (SBU) The Congressman, Ambassador Wilkins, and Minister Day noted with approval several areas of bilateral cooperation in law enforcement and the border that are doing well: extraditions, the joint RCMP-U.S. Coast Guard maritime security project at the Super Bowl ("shiprider"),and a ballistics technology MOU nearing completion. They identified others for additional work: a permanent shiprider program; land preclearance and reciprocal authorities for border officers; a new crossing at Detroit-Windsor; additional dedicated crossing lanes at other ports of entry; and enhancing the FAST and NEXUS trusted traveler programs. Minister Day said that Public Safety is prepared to advance the shiprider program. He added that Canada is making plans to arm border guards. (Note: The Canadian government budget released on May 2 contains a request for C$101 million to begin arming border guards. End note.) -------------- Minister of Justice -------------- ¶6. (SBU) In his meeting with Minister of Justice Vic Toews, Congressman Sensenbrenner raised his concerns with counterfeit goods, including drugs. Minister Toews replied that Canada shares U.S. concerns about IPR violations, particularly those involving knock-off products that may cause harm to those who purchase them. The Congressman said he hoped that Canada and the U.S. would continue to make progress on establishing a permanent shiprider program. He would also like to see the issue of authorities of our law enforcement officers resolved to enable land preclearance and further mutually-beneficial joint law enforcement activities such as those undertaken by the Integrated Border Enforcement Teams (IBETs). Minister Toews added that there is a need to strengthen the shared communications capability of our law enforcement officers. ¶7. (SBU) Minister Toews continued that the Government of Canada is actively considering the introduction of several new legislative bills and regulatory changes dealing with mandatory sentences, required incarceration (rather than "house arrest"),an increase in the age of consent from the current 14 years to 16 years, specific statutes for combating organized crime, and others. Minister Toews, like Minister Day, said that Canada intends to arm its border guards. ¶8. (SBU) Minister Toews registered his concern about the WHTI travel document requirements and the negative economic impact a travel document requirement could have for border communities. The Congressman replied that we have genuine concerns that terrorists might enter the United States from Canada. A secure travel document will hopefully reduce the risk of that. It is not our intention to tighten the border to the point that legitimate commerce or travel is curtailed, but we need a secure border. -------------- RCMP -------------- ¶9. (SBU) In his meeting with Royal Canadian Mounted Police Commissioner Giuliano Zaccardelli and Deputy Commissioner P.Y. Bourduas, Congressman Sensenbrenner asked if progress had been made since their last meeting (in December 2004) on Qhad been made since their last meeting (in December 2004) on achieving radio interoperability for our two countries' law enforcement officers. The Commissioner replied that shared communications capability had not been achieved; he added that achieving such cooperation would require a high-level political decision. ¶10. (SBU) Zaccardelli and Bourduas told the Congressman that U.S. and Canadian law enforcement officers have excellent operational cooperation. The Integrated Border Enforcement Teams have been very successful, but more could be done to fully integrate the IBET staff and functions, the Commissioner commented. Asked about intellectual property rights cases, the Commissioner replied that the RCMP, working with the Canadian Border Services Agency, intends to step up action against violators. The RCMP will be more vigorous in OTTAWA 00001369 003 OF 003 pursuing cases against pirate products, the Commissioner said, giving as an example the "camcorder criminals" who film first-run movies in theaters in Toronto and then sell bootleg copies. ¶11. (SBU) Zaccardelli described what he perceives as the "law and order attitude" of the new Conservative government and hinted that he expected an increase in the national budget for the RCMP. (Note: The May 2 budget contained C$161 million for recruitment into the RCMP and the ranks of federal prosecutors. End note.) Zaccardelli, like Ministers Day and Toews, said that border guards would be armed in the future. He suggested also that more RCMP officers might be placed on duty at border ports of entry. -------------- Prime Minister Stephen Harper -------------- ¶12. (SBU) Congressman Sensenbrenner and the Ambassador met for 25 minutes with Prime Minister Stephen Harper. Their conversation focused on U.S.-Canada cooperation and the friendship between our two countries. -------------- Lunch with the Border Caucus -------------- ¶13. (SBU) The Ambassador hosted a luncheon at the residence on April 24 for Congressman Sensenbrenner and Chief of Staff Kiko with eight members of Parliament's Border Caucus: Claude Bachand (Quebec, Bloc Quebecois); Larry Bagnell (Yukon, Liberal); France Bonsant (Quebec, Bloc Quebecois); Gord Brown (Ontario, Conservative); Russ Hiebert (British Columbia, Conservative); Peter Julian (British Columbia, New Democratic Party); Gurbax Malhi (Ontario, Liberal); and Brian Masse (Ontario, New Democratic Party). ¶14. (SBU) Lunch conversation focused on the WHTI. MP Hiebert, who was the major founder of the Border Caucus, raised several questions about possible special consideration for Canadian citizens crossing the land border. Congressman Sensenbrenner replied that the law requires everyone, including American citizens, to have a passport or similar secure document to enter the United States. It wouldn't be reasonable to expect that Canadians could enter with anything less. Hiebert and other MPs opined that requiring a passport or equivalent document will deter casual travel by our citizens on both sides of the border, many of whom live in communities straddling the border and cross often for a sporting event, movie, meal, or to visit family and friends. MP Brown expressed his concern that the WHTI requirements will diminish the Canada-U.S. relationship, making our two peoples grow further apart rather than closer together. MP Masse observed that documentary requirements may not make the border more secure anyway, because ill-intentioned individuals who want to avoid detection will not cross at a border post. ¶15. (SBU) Comment: Congressman Sensenbrenner's visit went a long way to reinforce the message that the WHTI travel document requirements are a part of U.S. law and are a reality, and that there is no exemption for Canadians in the law. This is the same message that Embassy and Consulate General Public Affairs and Consular Sections have been delivering to both Americans and Canadians who make inquiries about WHTI. This is also the message the Ambassador has delivered. We have also told those inquiring that the exact nature of an acceptable document that can be used in lieu of a passport is still being developed; i.e., that it is a work in progress. At the same time, we have said that whatever Qin progress. At the same time, we have said that whatever new document is ultimately deemed acceptable, the status quo--a driver's license and birth certificate--will not be. We and the Government of Canada await the news of decisions on acceptable travel documents to meet the requirements of WHTI. Visit Canada's Classified Web Site at http://www.state.sgov.gov/p/wha/ottawa DICKSON