Thursday, April 26, 2007

Hey Chertoff! You've already trashed your constitution. Keep your hands off of ours!

So after a long day contributing to the Canadian economic engine, I read an article tonight that caught my eye in the Toronto Star.

Peace Bridge talks end
http://www.thestar.com/News/article/207336

I thought it was something about the prospective new span across the Niagara River to take the load off of the existing 3-lane Peace Bridge - and how it's gone back to the drawing board again.

But then I saw the sub-title
'Canada objects to U.S. plans to fingerprint travellers'

WTF?

Somehow over the last two years I had not paid any attention to this planned reconstruction of this incredibly busy border crossing (2nd busiest crossing between Canada and the US, with more than $20 Billion worth of trade crossing it annually). What would happen is that since the Canadian side in Fort Erie has more space than the cramped Buffalo side, all inspections-both for Canada and the US-would occur on the Canadian side.

Kudos should be given to Rep. Slaughter who was trying to find a creative way to keep commerce flowing through what is part of her district.

This would have also allowed Canadians to work on the US side - which would have also allowed them to replace any Dunkin' Donuts coffee with a cup of Tim Horton's ;-)

Had the test-project been succesful, it may have been extended to other busy crossings (Detroit-Windsor; Lacolle-Champlain; Niagara Falls; White Rock/Surrey-Blaine; etc).

But the Department of Fatherland Homeland Security threw a wrench into the plans by wanting a chance to fingerprint people not only crossing, but those also approaching the Peace Bridge, but not deciding to cross.

The United States would have had to give up critical inspection tools to comply with Canada's charter of rights, a Homeland Security spokesman said, including the ability to fingerprint travellers who approach the Peace Bridge but then decide not to cross.

Canada allows only those being charged with a crime to be fingerprinted.

"That's a vital authority that we're simply not willing to surrender," DHS spokesman Russ Knocke said.


The Horror! - only fingerprinting those who are actually guilty of a crime.

I believe that the section of the Charter of Rights and Freedoms (http://www.answers.com/canadian+char...) that provides this protection is likely a combination of:
* Section 7 - fundamental justice;
* Section 8 - right against unreasonable intrusion from the state;
* Section 9 - right against arbitrary detainment and imprisonment;
* Section 10 - the right to on arrest or detention a) to be informed promptly of the reasons therefor; b) to retain and instruct counsel without delay and to be informed of that right; and c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful;
* Section 11 - Right to be presumed innocent.

(I am not a constituational lawyer nor scholar - so feel free to correct if you are.) Oh and since the US no longer subscribes to Habeas Corpus, how would that affect section 10c?

For the moment, I have to give some recognition to Stockwell "Doris" Day for not folding like a cheap card table when faced with Chertoff's request.
"If the administration decides to stay with their decision, that will shut down that potential," Canadian Public Safety Minister Stockwell Day said.
Day said the United States would not accept broader background and criminal checks as alternatives to the fingerprint requirement.

"That would run up against some of our individual rights," he said.


The sheer callousness and absolute despotism of the administration shows in the following quote from Mr. Knocke:
Knocke, at the Department of Homeland Security, said it was Canada's interpretation of its own civil rights laws that prevented agreement.

"The U.S. government reached accommodations with the government of Canada on a number of challenging issues," he said.


Excuse me!?

We don't know how to interpret our own civil rights?

If by interpret, you mean we find some nutbar like John Yoo to shred the rights to bits - Mr. Knocke - you are absolutely, unequivably, unfailingly, incredibly dead wrong.

You already trashed your Bill of Rights, purged more than 700 years of habeas corpus and defecated all over your constitution.

Don't even think about treading on ours you fascist prick! We'll scrap with you down to our last hockey stick.

Nearly 200 years ago another George (Izard) abandoned the American presence at Fort Erie in the War of 1812, never to return.

Mr. Knocke - you and/or the DHS Fatherland dreams will never return to Fort Erie without recognizing that Canadians take their Charter pretty damn seriously.

So in closing, Mr. Knocke - take off eh, get the puck out of here and may you be cursed with the worst case of Beaver Fever!