Windsor man turned back from U.S. border worried about Canadian preclearance

Windsor man turned back from U.S. border worried about Canadian preclearance

A Windsor resident is concerned about proposed legislation that he says could result in Canadians being mistreated by American border officers while still in their own country.

Michael Potter tried to cross the border last week after purchasing cigars at the duty free store on the Canadian side, as he has done many times in the past.

When Potter was questioned by U.S. customs officers, he said he bought the cigars for his husband. He was then taken into secondary screening.

Potter maintains this is something that has never happened to him before, after making the same purchases on previous trips across the border.

"One officer frisked me and checked every part of my body," said Potter.

U.S. Customs and Border Protection also searched through his entire car and eventually rejected his entry to the United States. Potter maintains they did not find anything.

Concerns over upcoming law

The experience has Potter worried about a bill currently being considered by the Canadian government.

"I understand they're allowed to do this. Once I'm on their soil, I have no rights," Potter said. But "there's a bill coming out ... which will allow American border guards to do this on our soil."

Bill C-23 would give American border agents additional powers at some Canadian airports and train stations at what are called preclearance facilities. They allow you to clear U.S. Customs and Border Protection, while still at the Canadian facility, prior to your departure.

One of the potential changes is Canadians may not have the right to withdraw their choice to visit the United States while in the preclearance area. Under proposed changes in Bill C-23, people could still be held and forced to answer questions or explain why they want to withdraw.

Brian Masse, the NDP MP for Windsor West, says it's problematic if Canadians cannot choose to leave that area.

"It's very significant with regards to the lack of sovereignty and oversight ... at the borders," said Masse.

U.S. Customs and Border Protection would not comment on any individual case, but maintains that all secondary searches are performed appropriately.