Through the Beyond the Border agreement released in December 2011, the U.S. and Canada are quietly implementing initiatives that are working towards establishing a North American security perimeter. This includes expanding trusted traveler programs, as well as enhancing integrated law enforcement and information sharing cooperation which has raised many privacy concerns that have yet to be properly addressed.

There are questions surrounding the Conservative government’s Bill C-38, the Budget Implementation Act that also contains changes related to the U.S.-Canada Beyond the Border action plan. This includes ratifying and making the Shiprider a legal and permanent program which will require amending the Criminal Code, along with the RCMP and Customs Act. The joint initiative officially known as the Integrated Cross-Border Maritime Law Enforcement Operations first began as a pilot project. It allows RCMP and U.S. Coast Guard officers to operate vessels together and pursue criminals in the waters of both countries. The Council of Canadians reported that the NDP is demanding that the Shiprider policing program be taken out of budget implementation bill. Brian Masse, the NDP border critic is pushing for separate legislation and pointed out that, “it’s totally irresponsible to have it as part of the Budget Implementation Act.” He added, “There’s significant policing issues that really warrant a standalone bill. If it was so important that they did all the fanfare for it, why doesn’t it warrant its own process?” The proposed changes could have serious sovereignty implications with regards to accountability, due process and civil rights and therefore, need to be fully scrutinized.

The U.S. and Canada are also scheduled to deploy a land-based version of the Shiprider program at some point this summer. As part of the security perimeter deal, both countries will, “implement two Next-Generation pilot projects to create integrated teams in areas such as intelligence and criminal investigations, and an intelligence-led uniformed presence between ports of entry.” In September 2011, U.S. Attorney General Eric Holder revealed plans that would allow law enforcement officers to operate on both sides of the border. He announced that, “the creation of ‘NextGen’ teams of cross-designated officers would allow us to more effectively identify, assess, and interdict persons and organizations involved in transnational crime.” Holder went on to say, “In conjunction with the other provisions included in the Beyond the Border Initiative, such a move would enhance our cross-border efforts and advance our information-sharing abilities.” Both countries continue to expand the nature and scope of joint law enforcement operations, along with intelligence collection and sharing.

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