Only slightly edited.....

An encouraging start to the Canada-U.S. security agreement

Posted on Mon, Feb 7, 2011, 2:00 am by Scott Newark

Stephen Harper is frequently mocked for being a policy wonk obsessed with details rather than the “big picture.” Watching the prime minister describe the rationale, purpose, process, and specifics of the new Canada-U.S. Security Agreement in Washington last week, with President Obama looking on, it’s clear that having a details guy on this file is a very good thing.

I admit to my bias in supporting this Perimeter Security Agreement. As the special security adviser to then Ontario Minister of Public Safety (now Senator) Bob Runciman, I worked in 2002 to develop what we called the Security Perimeter Strategy. We did this because the Chretien government refused to accept the need for significant adjustments in our cross-border relationship after 9-11. At one absurd point, we were advised by federal officials to remove the word “perimeter” from a document we wanted to discuss. Ottawa at its finest.

Mr. Harper’s clear articulation that enhanced intelligence-led security, practised in a co-operative, cross-border fashion can enhance cross-border trade and economic prosperity is a reflection of a political leader who appreciates the link between security and prosperity. The statement released by the PMO and White House correctly notes that if we are successful in this endeavour, this same intelligence-led approach will increase the privacy protections of the general population. Instead of the usual bureaucratic “more security is better security,” an intelligence-led focus, for which Canadian law enforcement is known, targets persons of interest rather anybody and everybody.

Isn’t it preferable to use a common bad guy/no-fly, lookout system to detect and interdict before boarding rather than to simply hand over all passenger data on flights overflying the U.S., which is the current plan under the U.S. Secure Flight program with which we are about to comply? No doubt Maude Barlow will be offering her congratulations to the prime minister.

The outline of the agreement reveals multiple components, but on the border-security front there are five key elements.

These include jointly pushing our border out to screen goods and people to common standards before they depart for our territory. Both countries already do this to a certain extent but harmonizing the screening helps with security and clearance throughout the supply chain.

The second component is to standardize domestic screening at, for example, marine ports of entry so cargo containers, suitably secured, cleared in Halifax or Long Beach will be expedited through the Canada-U.S. border.

The third feature is to increase the purpose specific sharing of information so we both have a better chance of detecting and interdicting persons of interest rather than relying on mindless generic screening or profiling. We have a pretty good idea of who we’re looking for and the benefits here transcend security as, for example, a face recognition biometric lookout data base can include criminal fugitives, deportees and criminal inadmissibles in addition to bin LADEN, OSAMA. Granted we’ll have less crime and reduced deportation costs, which should have the defence bar up in arms. It’s a small price to pay.

The fourth component is to consciously co-ordinate our efforts at the Canada-U.S. border which is somewhat already underway. This should mean expanding our joint border interdiction efforts supported by the most sophisticated automated analytical surveillance technology and collectively making decisions about border facilities. I suspect this was specifically included because of the decision of the Canada Border Services Agency to close and reduce hours of operation of ports of entry without notice to US authorities with contiguous facilities despite warning from the RCMP that unguarded roads in the region affected are the key vulnerability for drug and human smuggling. This area will also likely see CBSA finally forced to participate in the Shiprider program and mobile joint force patrols which should significantly increase our capacity in this important area. The goal here is achieving the capacity to detect and the capacity to interdict.

Finally, the agreement consciously addresses the needless duplication and bureaucracy on both sides of the border for commercial cargo clearance. It signals a welcome and seemingly informed determination to get rid of the newest threat to our economic prosperity brought by that noted terrorist group Hizbuh Rockrazy.

Welcome as this announcement is, there are serious challenges ahead. These are complex issues that require informed solutions rather than lofty platitudes. Fortunately, that expertise exists in the superb components of the RCMP with responsibility for national and international enforcement, Border Integrity and the Integrated Border Enforcement Teams. These people have unparralled expertise and it needs to be directly enlisted by Government without the usual Privy Council Office or Departmental filters. The same thing is true of front line CBSA officers and their union which has long advocated many of these reforms now on the table.

The second challenge, which Bob Rae adroitly noted, is ensuring that our friends in the U.S. appreciate that harmonization doesn’t just mean adopting what they already do. It’s a challenge that cannot be underestimated, although bringing fact-based suggestions to the table while leaving egos outside the room is a recommended approach.

What may be the biggest domestic challenge given the current partisan environment is finding a way to keep the public and Parliament informed without jeopardizing ongoing and properly confidential discussions. This is a task too important for the dysfunctional Public Safety Committee so perhaps a specially constituted House/Senate Committee could be struck for this purpose.

The prime minister has outlined a process that includes a working group to develop details and deliverables. It’s a very encouraging sign: Clarity supports accountability. For the first time, there is a clear direction from the political leadership of Canada that specific results are expected in this cross-border security and trade area.

In doing so, Mr. Harper has taken on some political risk since there will always be people who define their Canadian patriotism in terms of being anti-American. They will consider such initiatives “threats” to our sovereignty. The truth, however, is that the best way to protect our sovereignty is to exercise it, which is exactly what these measures offer.

Scott Newark is a former Alberta Crown prosecutor and executive officer of the Canadian Police Association who has also served as Ontario’s special security adviser, Director of Operations for the Washington D.C.- based Investigative Project on Terrorism and as an adviser to the former Public Safety Minister. He is currently Vice Chair of the National Security Group and a regular contributor to iPolitics on criminal justice and security issues.