Fear, Anger, Misunderstanding Vs. Statistics and Evidence

Canada is being urged to learn from the Americans’ mistakes: the U.S. mandatory minimum drug sentencing laws turned out to be not only ineffective in reducing drug use but also contributed to a disastrous over-incarceration problem. A zero-tolerance approach allows organized crime and gang violence to flourish and saddles non-violent drug offenders with jail and criminal records that have “ruined countless lives.”

The “Smarter Justice Network,” a Canadian group, shares the same sentiments as the “Law Enforcement Against Prohibition” (LEAP), an American group – both having much in common. Comprised of lawyers, criminal law policy advisors, victims, victim advocates, and retired judges and police officers, these groups oppose the mandatory sentencing regimens that remove judicial discretion scattered throughout the Conservative government’s Bill C-10, the Safe Streets and Communities Act.

Citing overcrowded jails and “countless ruined lives,” LEAP released an open letter to Prime Minister Harper and senators, explaining that they had been deeply involved with the war on drugs but now realize that such policies are a costly failure.

The Smarter Justice Network is more broadly worried about, beyond drugs, the cumulative impact of Bill C-10, its mandatory sentencing rules, and what they see as a regressive, reactive, costly, and ineffective approach to crime, corrections, and parole.

The general public’s lack of first-hand experience or knowledge of the criminal justice system contributes to a debate fueled by high emotions. Since LEAP’s letter warns us about the costly “failure of U.S. crime policies that those proposed in the Canadian federal government’s Bill C-10 legislation seem to be modeled on,” Canada should not be ignoring the lessons learned in the United States.

Pardon Services Canada shares the same views as the Smarter Justice Network – urging a more forward looking stance that won’t burden offenders so harshly.

The U.S. - The New No-Fly Zone for Record Holders

On March 23, 2011, “Bill C-42: An Act to Amend the Aeronautics Act” received Royal assent and became law in Canada. Prior to passage of the amendment, the Aeronautics Act already permitted airline operators to share passenger data with foreign agencies that govern an international flight’s destination. This new amendment extends this information sharing by allowing the airlines to share passenger data with US transportation authorities for any flight that enters US airspace, even if that flight never touches down on US soil.

So what does this mean for the traveling public in Canada? Practically speaking, it means carriers must comply with the US Secure Flight Program by providing Passenger Name Records (PNRs) to US authorities for passengers ticketed on flights originating in Canada that either enters US airspace or that have an emergency alternate landing site in the US.  The PNRs are provided to US authorities 72 hours in advance of departure for the purpose of screening against the Terrorism Screening Center’s No Fly List prior to boarding. If US authorities deem that a passenger represents a security risk, that passenger will be subject to additional screening and may be denied boarding.

There have already been documented instances of travelers being denied boarding in Canada as a result of this new legislation. Unfortunately there is little that the traveling public can do in advance of departure to ensure they do not run afoul of the new policies. If a passenger has an existing redress number issued by the Department of Homeland Security then providing that information at the time of booking should prevent problems on the day of departure, but for travelers who have never had problems before (and who would therefore not have a redress number), there now exists this additional source of concern that their ability to travel 

domestically or internationally is ultimately at the discretion of the US Government.

Travel Services should inform their clients of this change in regulation and suggest that a criminal record check, a U.S. Entry Waiver or a Canadian Pardon are services and rights that are available to all Canadians.