A new bill proposed by the Liberal government, Bill C-23, expands the powers of U.S. border guards on Canadian soil and places limits on permanent residents and their right of entry to Canada. Under current law, a Canada Border Services Agency Officer may alert Citizenship and Immigration if they feel a permanent resident has violated the terms of their residency but cannot prevent them from boarding their flight. Permanent residents, like Canadian citizens, enjoy an absolute right to entry.

However, under clause 48(4) of the proposed bill, a CBSA officer may now prevent the permanent resident from boarding their flight to Canada where they feel the permanent resident has not met their residency requirements. The resident has the option of driving or finding a ride to a land border, where their legal right to enter Canada is still unimpeded.

In response to a Canadian Lawyer query requesting further clarification on the operation of this clause, Public Safety Canada spokeswoman Mylène Croteau stated that the traveller would be advised of the reasons for their refusal. They would be able to seek a review of the CBSA officer’s decision before the Federal Court. She added that the government intends to develop regulations that will clarify the grounds of inadmissibility under which CBSA officers may refuse permanent residents pre-clearance.

Another contentious aspect of the proposed bill is that it gives American border officials increased power to question and detain Canadian citizens who seek pre-clearance to travel to the United States. American officials can continue to question Canadians attempting seeking pre-clearance, even if the Canadian withdraws their request to enter the United States.

The Bill is scheduled for a second reading in the House in June 2017.


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Michael Freeman

The team at Borders - specifically Devika and Jenny - were an extraordinary support in navigating the Permanent Residency process. They were responsive and easily available, and incredibly detailed and thorough in their work. I strongly recommend them for anyone navigating the immigration process, and feel so grateful for their expertise and kindness that made a tricky process feel smooth.

Madhuker Akula

Associated with Borders Law Firm for 13+ years, I have nothing but the best things to say about their services. Devika and Andres are very knowledgeable and they treat you with respect and compassion. Working with Jenny, their Associate Lawyer during the most recent recent experience has further assured that the firm has the best people portraying their wealth of experience in all aspects of Canadian immigration law.

Khalil Ahmad

I have had a great experience with Borders Law firm through out my son's citizenship and my wife's PR application. Devika, John Yoon, and Brendan are well knowledgeable and always gave the best advice. John Yoon, I can't thank you enough he made sure all the paper work is in order and dealing with 3 different department at the same time at he tail end of my wife's PR application, always there to answer my questions even after hours. John was just wonderful though out I have had a great experience with Borders Law Firm and I would strongly recommend this firm.

Ranjana Vashistha

It was an exceptional experience with border law firm. They take time to understand client situation and offer the best option. Devika is well knowledgeable lawyer and easy to connect with. John took care of my case and went above and beyond my expectation. He was always there to answer my question. The most responsible lawyer I ever meet, to meet my deadlines, I know he worked many evenings and weekends. I strongly recommend this law firm. In fact no one should go to consultant. My each and every penny spend with this firm is worth more. I am thankful to Devika and John for helping me and my family for our immigration needs.

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