Identifier
Created
Classification
Origin
06OTTAWA1369
2006-05-05 19:52:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Ottawa
Cable title:  

CONGRESSMAN JAMES SENSENBRENNER SPEAKS WITH THE

Tags:  OREP ASEC PREL KIPR CA 
pdf how-to read a cable
VZCZCXRO5828
RR RUEHGA RUEHHA RUEHQU RUEHVC
DE RUEHOT #1369/01 1251952
ZNR UUUUU ZZH
R 051952Z MAY 06
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC 2370
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE
RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC
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.

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