Full Article
Toronto police chief says border agency fears about new policy premature
Mike Oliveira, Canadian Press
Published: Wednesday, November 29, 2006

TORONTO (CP) - A plea by the Canada Border Services Agency to help fight terrorism by nixing a Toronto police "don't ask, don't tell" policy dealing with illegal immigrants was met with a cold reception Tuesday from the police chief.

The policy is the first of its kind in Canada and directs Toronto officers to avoid asking routine questions about a suspect or citizen's immigration status. It was drafted to encourage more community co-operation with police and allay fears that illegal immigrants would be deported if they ever contacted authorities.

Members of the Toronto Police Services Board chided representatives of the federal agency on Tuesday for criticizing the policy without having read the whole document, and for fears that police Chief Bill Blair said were unfounded.

"Your concerns, I have to say, are a little premature," Blair said.

"The policy our board adopted really gave us the ability to deal in a more sensitive and compassionate way with victims of crime and with our witnesses, and it simply says in the absence of bona fide reasons to ask (about citizenship), we're not asking."

"But if those bona fide reasons do exist, we'll continue to (ask)."

But John Gillan, regional director for the border agency, said the policy would cripple co-operation between different law enforcement agencies and could help people get away with criminal activities - including terrorism.

"Our post 9-11 reality - increased security concerns, threats from organized crime, community safety concerns - have reinforced the need for ... timely information sharing and co-operation between law enforcement agencies at all levels," he said.

"Failure to share information and co-ordinate our efforts can lead to undesirable and perhaps unforeseen and unfortunate consequences."

He pointed to a recent example of the border agency helping to identify a victim in a Toronto shooting as a potential suspect. The agency provided police with information on immigration violations and serious criminal charges that resulted in the man being extradited to Canada from the United States.

"We want to make sure we have the maximum opportunity to apprehend anybody that's involved in significant criminal activity," Gillan said. "We're very concerned that ... police officers do not ask the basic questions anymore."

But there was no support on the police board for the border agency's message, and one panel member, Hamlin Grange, said he was taken aback by its tone.

"For a moment there I thought I was listening to a presentation from Homeland Security of the United States," he said.

Police are still in the process of finalizing and implementing the policy, which will go before the board again in February for review.

Lawyers and citizen groups who advocated for the policy are anxious to see it go ahead, and criticized the border agency for trying to stop it.

"Policing and immigration functions are separate functions, and for the police to do their job they shouldn't be harassing people about their immigrant status," said lawyer Peter Rosenthal, who reviewed the policy and gave police a legal opinion on it.

"Inquiring into the immigration status of victims and/or witnesses discourages the reporting of crimes, and results in the failure to provide protection to some Toronto residents."

© The Canadian Press 2006