Rights of a Canadian at US cutstoms in Canadian airport

[paulmcz]

I am Canadian citizen and I would like to know what my rights are on Canadian soil. Specifically, do I have right to refuse being finger-printed and photographed by US custom stuff at Dorval airport, while being refused entry to US?
Anyone has any idea about this?

 

[YorkFactory]

This is really the wrong subforum for this, but...

It looks like the answer is "maybe."

from the Preclearance Act:

Right of traveller to leave preclearance area
10. (1) Every traveller has the right, at any stage of the preclearance process, to leave a preclearance area without departing for the United States, unless a preclearance officer informs the traveller that the officer suspects on reasonable grounds that the traveller has committed an offence under section 33 or 34.

...

False or deceptive statements
33. (1) Every person who makes an oral or written statement to a preclearance officer with respect to the preclearance of the person or any goods for entry into the United States that the person knows to be false or deceptive or to contain information that the person knows is false or deceptive is guilty of an offence punishable on summary conviction and liable to a maximum fine of $5,000.

No imprisonment on default of payment of fine
(2) Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed for default of payment of a fine imposed under subsection (1).

No criminal record
(3) An offence under subsection (1) does not constitute an offence for the purposes of the Criminal Records Act.

Obstruction of officer
34. Every person who resists or wilfully obstructs a preclearance officer or a Canadian officer in the execution of the officer’s duty or any person lawfully acting in aid of such an officer
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) is guilty of an offence punishable on summary conviction.

 

[Baloo]

I am Canadian citizen and I would like to know what my rights are on Canadian soil. Specifically, do I have right to refuse being finger-printed and photographed by US custom stuff at Dorval airport, while being refused entry to US?
Anyone has any idea about this?

From 1999

The charter of rights and freedoms and all Canadian laws will apply in the preclearance area, so let us not pay attention to those naysayers who somehow say that it is an erosion of Canadian sovereignty. The charter of rights applies everywhere in Canada and it will certainly apply in this instance.

All criminal matters will be dealt with by Canadian law enforcement officers. There will be no enforcement of American criminal law. In the case of conflict of laws, Canadian law overrides American law and that is the way it should be.
http://openparliament.ca/hansards/929/0/only/




The Google search that you need is "Preclearance".

http://en.wikipedia.org/wiki/United_States_border_preclearance

 

[PMM]

Hi

I am Canadian citizen and I would like to know what my rights are on Canadian soil. Specifically, do I have right to refuse being finger-printed and photographed by US custom stuff at Dorval airport, while being refused entry to US?
Anyone has any idea about this?

You have the right to refuse, and leave the pre-clearance area. But you realize the refusal will be entered in the US system and you can probably expect the same treatment every time you wish to enter the US.

 

[paulmcz]

Thank you all for your input. It seems to me that if I do or don't decide to leave preclearance area at the stage of being refused entry to US and before being finger-printed and photographed, it doesn't really matter. Once I am denied entry, the effect of any record in US system for my next trip will most likely be the same.

Thanks.