On Dec. 11, 2002 CAUT wrote to Foreign Affairs Minister Bill Graham raising concerns over the treatment of Canadian citizens caught up in the U.S. National Security Entry-Exit Registration System. NSEERS, which passed into law on Sept. 11, 2002, requires that certain foreign nationals submit to photographing, registration, and a fingerprint check against a national database of known terrorists, prior to being granted transit through, or entry into the U.S. In addition, individuals of these nationalities are required to register and check in periodically while staying in the U.S., as well as register when they leave.

Thank you for your letter of Dec. 11, 2002 in which you raised the concerns of the Canadian Association of University Teachers with regard to the United States National Security Entry-Exit Registration System (NSEERS), and other issues relating to the actions of U.S. Immigration officials. I regret the delay in replying to you.

I understand that you were able to meet with my senior policy advisor, Mr. Robert Fry, on Dec. 11, 2002 to discuss some of your concerns. Given the time and thought that went into your letter, I can appreciate the seriousness with which your association takes this issue.

Since the terrorist attacks of Sept. 11, 2001 both Canada and the United States have had to reexamine the security processes in place at their borders. The government is committed to keeping the border secure, while respecting the rights of travellers entering and leaving Canada. Although we have close ties with the U.S. and our governments cooperate closely on border management, we do not always agree. This was certainly the case with the implementation of the NSEERS.

Before discussing the details of the NSEERS, and our reaction to it, it is important to note that the U.S. retains the authority to implement security measures at its border as it sees fit. Travellers seeking to enter the U.S. are not exercising a right, and the U.S. is under no obligation to allow individuals into the country.

That being said, the Government of Canada objected to the discriminatory way in which the NSEERS was being applied to some Canadian citizens. Given that Canadians born or holding citizenship in certain countries were being treated differently than other Canadians, I raised this issue with U.S. Secretary of State Colin Powell and Ambassador Paul Cellucci. It was unacceptable to me and to the Government of Canada that any Canadian citizens should be subjected to different treatment based solely upon their place of birth or ethnicity.

The U.S. administration heard our message and responded. Secretary of State Powell and Attorney General John Ashcroft both offered assurances that place of birth would not serve as a reason for an automatic referral for NSEERS registration. They underlined, however, that U.S. officials retain the discretion to require any traveller to register under the NSEERS if they have reasonable grounds to examine that individual more closely. This level of discretion is consistent with that given to border officials by most countries.

We take complaints about the mistreatment of Canadians by officials of other countries very seriously, and we have raised individual cases with the U.S. embassy when appropriate. We continue to follow the NSEERS program closely and to work with our U.S. friends to ensure that Canadians are treated equitably.

You mentioned several cases of Canadians who have been arrested or deported by U.S. authorities. We are following these cases closely and providing appropriate consular assistance. Regarding the case of Mr. Maher Arar, the Department of Foreign Affairs and International Trade and its officials in Canada, the United States, Jordan, and Syria have worked diligently to investigate the events leading to Mr. Arar's deportation by the United States and his subsequent detention in Syria.

My department will continue to pursue this matter and will provide all possible assistance to Mr. Arar. The Canadian Consul in Damascus has visited Mr. Arar on numerous occasions, and these visits will continue. Mr. Arar is doing as well as could be expected given the circumstances. We hope that the Syrian authorities will complete their investigation soon and permit Mr. Arar to return to Canada.

My officials and I understand the importance of the issues that you have raised. While we are committed to standing with the Americans to ensure our collective security, we are also committed to ensuring that the rights and freedoms of Canadians are respected at home and abroad. We will continue to bring cases to the attention of U.S. authorities as appropriate, and we will work with them to minimize the impact of security measures on legitimate Canadian travellers.

I understand that departmental officials have assisted you in arranging a meeting with U. S. Embassy staff to discuss your concerns, and I commend you for your efforts.

Thank you again for sharing your views on these matters with me.

Bill Graham
Minister of Foreign Affairs, Government of Canada

Background: Bulletin report January 2003 available online.