Crossing the Border into Canada
*** LEGAL PHONE NUMBER ***
Arrest line: 604-630-7502
Immigration/border line: 1-877-823-2010 or 604-630-7502
Arrest/misconduct reports: ornlegal@riseup.net
As the Olympics approach, American and Canadian Border Services Agencies (Homeland Security and CBSA) have teamed up to tighten what they call "security," particularly along the BC/Washington border. This means not only an increased level of militarization at border crossings, but also an intensification in the profiling of "suspicious persons." Border agencies are working hard to expand their range of targets from migrants, people of colour and indigenous people, to political dissidents at large.
Unfortunately, the Olympic Resistance Network (ORN) cannot predict exactly what kind of security measures will be in place at the border in February. This communique is an effort to offer as much guidance as possible to those needing to cross the border in order to attend the Anti-Olympic Convergence from February 10-15. While you may very well get through with no problem at all, do bear in mind that the border is a militarized zone, so people with sensitive personal histories, documentation issues, or health needs should assess the risk to themselves and act accordingly.
Please be in touch with any questions to olympicresistance@riseup.net or contact us at 604-723-1206. Good luck and see you in February!
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Information from the CANADIAN BORDER SERVICES AGENCY
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1. Required documentation:
* Do you need a Visa? Depending on your citizenship and what you plan to do in Canada, you may need a Temporary Resident Visa. Citizens of some countries are required to apply for and obtain a “Temporary Resident Visa” in order to enter Canada as a visitor. Others are exempt from this requirement – including citizens of United States. If you are a US citizen or permanent resident you don’t need a visa to visit Canada for up to six months. If you want to stay longer or come for a purpose other than to visit (eg. work, study or immigrate permanently), you’ll have to meet stricter immigration requirements. For a complete list of countries requiring visas, see http://www.cic.gc.ca/english/visit/visas.asp
US visitors to Canada are not granted automatic entry into Canada. You’ll have to show one of the following documents proving both identity and citizenship:
* Passport: Because of a friendly border crossing agreement between Canada and the United States, Canada Border Services did not require U.S. citizens to present a passport to enter Canada. This friendly border crossing agreement used to be mutual; however, now the Western Hemisphere Travel Initiative (WHTI) requires that U.S. citizens have a passport to return home. In this way, passport requirements for Canada and U.S. borders are different on paper, but, are in practice, the same. Canada will not allow a U.S. citizen into the country who does not have the proper documentation to return home. http://gocanada.about.com/od/canadatraveloverview/qt/uscitizenborder.htm
* Check out 24 hour passport service at rushmypassport.com.
- If you don’t have a valid passport, you must show government-issued photo ID along with proof of citizenship such as a US birth certificate or expired US passport. Children under 16 only have to present proof of US citizenship. Several other valid travel documents denote identity and citizenship and thereby act as substitutes for a passport for entry into Canada for U.S. citizens. These are the Nexus Card, U.S. Passport Card, Enhanced Driver's License, FAST/Expres card. Visit: http://gocanada.about.com/od/canadatravelplanner/qt/valid_travel_ID.htm
- If you are a permanent resident of the US, you must bring your permanent resident card (ie. green card or Alien Registration Card) with you.
- If you are younger than 18 years of age, bring the following documents:
• Valid passport or government-issued ID;
• If you are traveling alone, carry a consent document showing you have the permission of your absent parent(s) and a letter from your custodian in Canada;
• If you are traveling without one of your parents, a consent document allowing such travel from your non-accompanying parent.
* Canadian requirements: "When you enter Canada, a border services officer may ask to see your passport and a valid visa (if you are arriving from a country from which one is required). If you are a U.S. citizen, you do not
need a passport to enter Canada (**note passport requirements above**); however, you should carry proof of your citizenship such as a birth certificate, a certificate of citizenship or naturalization or a
Certificate of Indian Status, as well as a [government issued] photo ID. If you are a permanent resident of the United States, you must bring your permanent resident card (i.e. green card) with you. For more information
on admissibility into Canada, read the fact sheet called Managing Access to Canada: http://www.cbsa-asfc.gc.ca/media/facts-faits/037-eng.html."
2. Reasons the CBSA can refuse a person entry - in particular note criminal records:
http://www.cbsa-asfc.gc.ca/media/facts-faits/037-eng.html
3. CBSA's "Olympics" page:
http://www.cbsa-asfc.gc.ca/events-evenements/2010/menu-eng.html
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*Information from the ORN (disclaimer: this is not legal advice)*
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*Things to bring:*
1. You cannot go through Canadian customs with only a driver’s license. Bring a valid passport, green card, Status card or government-issued photo ID plus birth certificate (see CBSA guidelines above).
2. Return travel tickets (if not traveling by car).
3. Relevant vehicle documentation (if going by car).
4. Contact information for where you are staying. You may be asked for this at the border, so confirm with your host whether it's ok to give their address out. If you are receiving housing through the ORN, you are asked NOT to give out the address you will be staying at *unless* you have the express permission of your host to do so. Please see a list of hostels (in appendix below) whose addresses you can provide instead.
5. Proof of ties to your country of origin: This can include contact info for your place of employment, if any, or documents like a housing lease. However, be advised that appearing "too prepared" can sometimes attract more attention!
6. Travel insurance, if any.
*Medications & Traveling with Minors:*
1. If bringing prescription drugs of any kind, they must be in the original bottle with a valid prescription printed on it. Avoid any things that will bring extra scrutiny to you, such as vitamins, especially those
in gelatin capsules - they may be seized or cause a thorough and time-delaying search.
2. Minors also need to present ID (Birth certificate sufficient). Even if accompanied by one parent or guardian, minors must have a letter from absent guardian(s) stating that it is alright for the minor to travel, specifically across the international border into Canada, and listing who they are travelling with. Otherwise, the minor will be turned away at the border.
*Things NOT to bring:*
1. Don't bring any restricted items, such as fruit, soil, drugs (see CBSA site for details).
2. Don't bring any anti-Olympic or otherwise "subversive" materials – these things can be used as an excuse to detain you.
3. Avoid bringing materials that could be perceived to be for commercial purposes -- eg. lots of something to be distributed. Without proper licenses, the possession of commercial goods/merchandise can be grounds for refusal of entry.
4. Do not bring any electronics that are really precious or contain sensitive information. Be aware that cell phones can be searched/your address book recorded, and in some cases, police & intelligence agencies have been known to implant tracking or listening devices in phones.
5. We recommend against bringing laptops. Border agencies have the power to seize, search and hold laptops if you refuse to provide passwords or access to encrypted documents. Please contact us for a mailing address if
you wish to send up non-electronic materials, like pamphlets, posters, T-shirts, etc.
*Getting through:*
1. Remember that border guards are likely to question people who fit their idea of an "activist" (or other "subversive") profile. Keep in mind that there will be many gung-ho tourists coming up as well, and use that
to your advantage -- if you can, buy a hockey jersey and blend in! If you are traveling in a group then remind others of this too.
2. It is in your best interests to be as truthful and straightforward as possible when speaking to border guards about your reasons for travel. So for your convenience, we are providing a list of free entertainment and "Cultural Olympiad" events that you might like to include on your planned trip itinerary to reference. (See appendix below.)
3. Keep travel plans off line. Whenever possible, avoid communicating over email or through social networking sites, especially for final travel logistics. In-person communication is often ideal.
4. Discuss in advance with your travel buddies what you will do in the case that one or more should be refused entry.
5. If traveling alone, make sure someone knows where you are going, when you should arrive, and how to contact you or your hosts in Vancouver.
*Need a ride?*
The Cascadia Convergence Network (cascadiaconvergence.net) is organizing carpooling for folks heading up to Canada from the Cascadia Bioregion
(Pacific Northwest). If you need a ride please email
Ptownno2010@cascadiaconvergence.net. Please detail if you are associated with any organizations and why you are interested in carpooling to the games.
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If you are stopped:
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Questioning by CBSA:
At the border, a Canada Border Services Agency (CBSA) officer will ask to see your passport or identity documents and ask you questions to determine if you are allowed to enter Canada. If a CBSA officer determines you are not admissible, you may be denied entry into Canada or detained.
You do have an obligation to answer questions and you can be found to be inadmissible if you make any misrepresentations to CBSA. Be forthcoming and truthful. CBSA officers may note your answers in the immigration computer system which may be referenced at a later point for immigration purposes.
Reasons you may be denied entry or detained:
CBSA can’t establish your identity or status in the United States. Be prepared to prove your identity and status.
CBSA doesn’t believe you will leave Canada by the end of the period authorized for your stay or that you will abide by restrictions placed on visitors in Canada.
• You can demonstrate you will only be visiting temporarily by showing ties to your home country (eg. job, commitments, leases, property, family, friends, etc.) and the ability to leave Canada (eg. return tickets).
• Be prepared to demonstrate that you have enough money to support yourself and your dependants for the duration of your visit. Be prepared to answer questions about the circumstances and purpose of your visit, how long you plan to stay, whether you will be staying with friends or relatives or at a hotel, and what sources of funds you have access to while in Canada.
• Visitors are not allowed to study or work without authorization. Be prepared to answer questions about your current occupation and intentions to work or study in Canada.
Criminality. You may be inadmissible for convictions or outstanding charges or warrants, even for misdemeanors or driving offences (such as Driving While Impaired). You may be inadmissible even if you have had charges dropped or dismissed. Be prepared to answer questions related to criminal activity, charges, or convictions. If you have a criminal history, discuss particulars with a Canadian immigration lawyer prior to arriving and bring evidence of any pardon or dismissal if applicable with you to the border.
Security. Talk to a Canadian immigration lawyer prior to going to the border if you have concerns that you may be found inadmissible on security grounds, for membership in a criminal organization, or for participation in war crimes or crimes against humanity.
Health. You may be inadmissible if CBSA officers believe you are a danger to public health or have a condition that may cause excessive demands on Canada’s health or social services. If you are carrying prescription drugs, be prepared to answer health related questions. Talk to a Canadian immigration lawyer before traveling if you have concerns.
Misrepresentation. You are obliged to answer truthfully all questions put to you and may be denied entry if you provide CBSA officers with false information or withhold relevant information. If you are issued a removal order for misrepresentation, you will be excluded from Canada for two years. Coming to Canada to exercise your lawful right to free speech will not render you inadmissible, but lying to immigration officials about it could.
If you are denied entry into Canada:
After questioning you, a CBSA officer will then decide whether or not to allow you entry into Canada, and for how long. If they decide that you are inadmissible and they will not allow you entry, they will usually offer you a voluntary withdrawal - this means that you can voluntarily leave Canada and return once you have addressed the factor causing inadmissibility.
If you do not wish to voluntarily withdraw or you are not offered that option, you may be issued a removal order and sent back right away or you may be allowed to enter Canada to attend an Admissibility Hearing before the Immigration and Refugee Board which will decide if you are, in fact, inadmissible. CBSA may impose conditions such as payment of a bond or posting of a guarantee for compliance with conditions pending your Admissibility Hearing.
There is also the risk that you will be detained (for a period of 2 – 4 days) while you await your Admissibility Hearing. If you are detained, the reasons for your detention must be reviewed by the Immigration and Refugee Board after 48 hours (although in practice this may be up to 4 or 5 days), then after 7 days, and every 30 days thereafter.
If you are found to be inadmissible to Canada, a removal order will be issued against you. Such a removal order would require you to obtain special authorization for one or two years after leaving Canada (exclusion order), or indefinitely (deportation order).
All immigration decisions made by the CBSA or the IRB are subject to judicial review by the Federal Court.
Right to counsel:
At the border, you do not have a constitutional right to counsel unless you have been formally arrested or detained. You will have an obligation to answer questions asked by an immigration officer related to your application for entry to Canada truthfully. However, if other law enforcement agencies such as the RCMP or CSIS are involved in your questioning, you should be allowed to contact counsel and you should not continue to answer questions without contacting counsel. If you are detained, you have the right to counsel and to contact your government.
For more detailed information about the requirements for entering Canada as a visitor, please see: http://www.cic.gc.ca/english/visit/index.asp
If you have any questions or concerns prior to your entry, please call the immigration support line at 1-877-823-2010 or (604) 630-7502. The support line is also available if you should be detained or arrested for immigration related reasons. We strongly recommend that if you are not a Canadian citizen and are arrested for any reason in Canada that you contact an immigration practitioner as soon as possible to get appropriate advice.
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ORN Support:
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1. ORN has arranged to have a lawyer on-call in Vancouver during February in order to assist with difficulties as they arise at the border. Check
back for updated contact information closer to the date, or contact us for more details.
2. Please contact the ORN so we can keep track of any problems that occur at the border: 604-723-1206 or olympicresistance@riseup.net. For legal questions you can also email ornlegal@riseup.net.
3. We will be updating our website in early February with more information on the legal rights of non-citizens and youth.
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*APPENDIX*
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HOSTELS IN VANCOUVER
Columbia Hotel
303 Columbia Street
Vancouver, BC V6A 2R7
(604) 683-3757
Everett House B&B
1990 Everett Road
Abbotsford, BC V2S 7S3
(604) 859-2944
Country in the City B&B
32985 Harwood Place
Abbotsford, British Columbia
V2S 7C2
Phone : 1 (778) 808-4827
Backpacker's Hostel
927 Main Street
Vancouver, BC V6A 2V8
(604) 682-2441
Cambie Hostel
515 Seymour St.
Vancouver, BC
SameSun Backpacker Lodge
1018 Granville St
Vancouver, Canada
Hi-Vancouver Hostel
1114 Burnaby Street
Vancouver, British Columbia V6E1P1
1.866.762.4122
*FREE EVENTS IN VANCOUVER*
Below is a list of events happening during the convergence which you may wish to add to your trip itinerary. The events listed below are free and do not require tickets or reservations.
More event listings can be found here:
http://www.vancouver2010.com/more-2010-information/cultural-festivals-an...
http://www.skirebel.com/magazine/archives/5365
http://www.tourismvancouver.com/visitors/things_to_do/
February 10th & 11th, 2010
CUE: Artists’ Videos
When: 1/23/2010 - 3/21/2010
Daily: 10:00 am to 5:00 pm
Tuesdays: 10:00 am to 9:00 pm
Where: Vancouver Art Gallery, Robson Street façade
750 Hornby Street, Vancouver
February 12, 2010
Place de la Francophonie 2010: Malajube
Type: Music
When: Friday, 2/12/2010 at 9:30 pm
Where: Place de la Francophonie
Performance Works, Granville Island 1218 Cartwright St., Vancouver
February 13, 2010
Place de la Francophonie 2010: Damien Robitaille
Type: Music
When: Saturday, 2/13/2010 at 9:30 pm
Where: Place de la Francophonie
Performance Works, Granville Island 1218 Cartwright Street, Vancouver
February 14, 2010 - February 15, 2010
Whistler Live! Karkwa
Type: Music
When: Saturday, 2/14/2010 at 2:45 pm
Where: Whistler Live!
Whistler Village Square
FREE CONCERTS AT DAVID LAM PARK:
These are free concerts by "big names" playing in Vancouver for the
Olympics "LiveCity" programming. You can look up the final lineups on
Vancouver 2010 sites and concert listings.
[From
http://www.chartattack.com/news/75428/alexisonfire-sam-roberts-wilco-playing-free-olympics-shows]:
"Alexisonfire, Sam Roberts Band, Malajube, Blue Rodeo, Wilco and Jully Black are among those that will play free outdoor concerts as part of the festivities surrounding the 2010 Olympic Winter Games in Vancouver...The
Yaletown site in David Lam Park will host most of the music programming, while the downtown location at Cambie and Georgia streets is intended to be more of an area where people can eat and drink and watch Olympic events
on big screens. The concert lineup hasn't been finalized yet, but should be announced within the next few weeks. Wilco's Feb. 13 performance at David Lam Park will launch their 2010 "Trans Canada" tour."
