Pubdate: Sat, 25 Apr 2015
Source: Toronto Star (CN ON)
Copyright: 2015 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Alex Boutilier
Page: A6

MASS STRIP SEARCH AT BORDER NOT A ONE-OFF

'Similar logic' may have been used at other crossings, internal
investigation finds

OTTAWA- After a mass strip search of 48 American students in December
2011, the Canada Border Services Agency (CBSA) found that "similar
logic" may have been used to justify other mass searches at border
crossings.

An internal investigation into Chief Mark Pergunas' decision to strip
search a bus tour of college and university students at the Thousand
Islands border crossing violated agency policy and may have
contravened the Charter of Rights.

But while the incident was exceptional, it doesn't appear to have been
a one-off.

"A cursory search within (the Immigration Customs Enforcement System)
revealed that it appears three regions may be applying similar logic
in performing personal searches on more than one individual, based on
one set of indicators," the investigation, released through access to
information law, found.

The incident that prompted the investigation occurred at the Thousand
Islands Bridge in Lansdowne, Ont., on Dec. 31, 2011 - but stayed
secret until revealed by Metroland Media and the Star on Friday. A bus
carrying 48 students from five different universities and colleges was
attempting to travel to Montreal. The students planned to celebrate
New Year's Eve in the city, followed by several days of skiing.

After border officers flagged a few students' past criminal
infractions, the bus was searched, turning up a small amount of
marijuana and 1.5 grams of "suspected cocaine."

After a further search with a drug-sniffing dog, front-line officers
were satisfied the passengers had no further contraband, according to
sources with knowledge of the incident. But Pergunas requested all 48
students receive "personal searches."

According to the investigation, Pergunas made the decision based on a
number of circumstances, including the fact that passengers "were
mingling . . . (leading) Chief Pergunas to suspect that there could be
collusion amongst passengers."

The investigation determined CBSA should consider amending the policy
"to reflect that the Charter pertains to the rights of individuals and
as such personal searches are to be individualized."

On Thursday, CBSA spokesperson Chris Kelley said the agency emphasized
to all staff after the incident that each traveller should be treated
individually when it comes to assessing reasonable grounds for strip
searches.

It's not clear how many more mass strip searches, if any, were
justified by "similar logic" to the Thousand Islands incident.

Randall Garrison, the New Democrats' critic for public safety issues,
said he was disappointed in what he referred to as a "coverup" by CBSA
in keeping the incident under wraps for three years.

"There's an obligation for transparency in the government, it's not up
to the government to maintain silence when there's problems," he said.

Garrison said there is never a justification for ordering mass strip
searches, and said it was concerning if CBSA identified more of those
searches. "If there's any indication there was more than one incident,
the minister (of public safety) has to take it very seriously and find
out what the situation was, and make sure that procedures are in place
to prevent this from happening in the future," Garrison said.

Overall, the CBSA's use of strip searches has been declining over the
past four years. In 2011, the agency recorded 2,025 "personal
searches" at various points of entry across the country. That number
has declined each year since, to a total of 1,299 strip searches in
2014.

At the Thousand Islands crossing, strip searches have declined from 80
in 2011, to just two in the first four months of 2015, according to
the agency.
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MAP posted-by: Matt