Toronto Star

Board fires back at border agency

Police officials defend `don't ask' immigration policy after federal body argues it would jeopardize national security

Nov. 29, 2006. 01:00 AM

TRACY HUFFMAN

CRIME REPORTER



The Canada Border Services Agency wants changes to the Toronto Police Service's controversial "don't ask, don't tell" policy, but officials with the agency admit they haven't even read it.



"I'd like you to review the policy you object to ... that would be useful before we all get into a tizzy," said police board vice-chair Pam McConnell at a meeting of the board yesterday.



McConnell was directing her comments to two officials with the agency who had been addressing board members about the policy that prevents police officers from inquiring about the immigration status of victims and witnesses to crimes unless there's a good reason.



"Let me be clear. The CBSA supports initiatives that encourage victims and witnesses to come forward and assist law enforcement efforts," said John Gillan, the federal agency's director general for the Greater Toronto Area, who said he is concerned the policy may significantly compromise public safety and security.



"The decision to not ask the basic immigration question is a decision to disregard relevant information about a person's background," he said. "The unintended result may be that a person posing a potentially serious risk to public safety remains free to live among us."



The stated purpose of the policy is an effort to break down a wall of silence between crime victims living illegally in Canada and police. The policy is supported by many groups that deal with abused women and children who do not have status in Canada.



Yesterday, the board heard that many victims of abuse who do not have legal status in Canada fear calling the police to report abuse. They worry that if they call for help, they will be the ones thrown in jail, a dozen community representatives told the board.



Gillan said the agency suggests a collaborative effort to "develop the right balance between protecting victims and witnesses and ensuring the safety of the community."



Some measures are already in place to protect victims, he said. Victims of human trafficking are permitted to remain in Canada to seek counselling and support and to assist with court proceedings, and "to assess their need to remain in Canada on a permanent basis," Gillan said.


But he said it can be difficult in some investigations to determine who is the victim, witness and perpetrator without all of the facts, including information relating to immigration status.



Believed to be the only police service in Canada with such a policy, the police board approved the idea after exhaustive consultation with community groups and legal experts. It was implemented in February with the understanding it would be reviewed after a year.



McConnell said the board would welcome the border agency's input at the time of review.

"Your concerns are a little premature," police Chief Bill Blair told the border agency officials. "We don't ask unless there are bona fide reasons to ask. If we have a good reason, we ask."



The chief also noted that the policy doesn't go as far as "don't tell," explaining officers are legally obligated to report illegal status.



Community members who addressed the board said the policy is not being implemented by all officers and many victims still fear calling police.



A notice was sent to officers shortly after the policy was approved by the board and is in effect, said a spokesperson for the Toronto force.