US embassy cable - 05OTTAWA875

UNCLAS SECTION 01 OF 03 OTTAWA 000875 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR WHA/CAN, EB/TRA, AND CA/VO 
 
E.O. 12958: N/A 
TAGS: ETRD, ECIN, ASEC, PREL, CVIS, CA, Anne McLellan, PSEPC, Border Patrol 
SUBJECT: DEPARTMENT OF HOMELAND SECURITY SECRETARY CHERTOFF 
MAINTAINS THE DIALOGUE WITH COUNTERPART DEPUTY PRIME 
MINISTER MCLELLAN 
 
REF: OTTAWA 774 
 
SENSITIVE BUT UNCLASSIFIED--PLEASE PROTECT ACCORDINGLY. 
 
1.  (U) Summary:  Handguns entering Canada illegally from the 
United States and divergence between Canadian and U.S. visa 
policies were two unscripted items discussed during 
Department of Homeland Security (DHS) Secretary Michael 
Chertoff's and Canadian Deputy Prime Minister (DPM) Anne 
McLellan's first meeting on March 17.  In general the 
meetings discussed progress on implementation of the Smart 
Border Action Plan, including critical infrastructure 
protection, which is a priority for the Canadians.  The 
Secretary and DPM looked at progress toward remedying the 
 
SIPDIS 
congestion at Windsor-Detroit, the busiest border crossing. 
The two leaders also discussed the Buffalo pre-clearance 
project, which has so far been stalled primarily over the 
issue of legal authorities.  Finally, Chertoff and McLellan 
participated in a joint press conference on the Top Officials 
Three Exercise (TOPOFF 3).  End summary. 
 
2.  (U) The March 17 meeting was the first occasion for 
Secretary Chertoff to meet DPM McLellan since the Secretary 
 
SIPDIS 
assumed his position.  Their meeting continued the tradition 
of close cooperation and frequent consultation established by 
McLellan's predecessor John Manley and Chertoff's predecessor 
Tom Ridge.  In December of 2001 Manley and Ridge had signed 
the Smart Border Declaration which laid out a 30-point Action 
Plan to identify and address security risks while at the same 
time facilitating the legitimate flow of people and goods 
across the border.  Joint working groups comprised of U.S. 
DHS agencies and their Canadian counterparts have met 
regularly over the past three years to task recommended 
actions and track implementation of the Action Plan. 
 
3.  (SBU) The DPM and Senior Assistant Deputy Minister of the 
Department of Public Safety and Emergency Preparedness Canada 
(PSEPC) Paul Kennedy explained to Secretary Chertoff the 
long-standing partnership between the U.S. and Canada in 
policing our shared border, a relationship embodied in the 
Cross Border Crime Forum.  Since the 9/11 attacks in the 
U.S., Canada has sought to strengthen its national and 
international security posture, spending over CAN $9 billion 
on this effort.  Canadian National Security Advisor Rob 
Wright spoke about the history of the 1995 Shared Border 
Accord and how the GOC is trying to do its part to implement 
Smart Border activities, some of which (NEXUS and the Safe 
Third Country Agreement) had been identified pre-9/11. 
Canadian law enforcement agencies have long participated with 
their U.S. counterparts in targeting possible cross-border 
criminal and terrorist activities; this relationship has been 
formalized under the Integrated Border Enforcement Team 
(IBET) program.  In addition to physical and infrastructure 
enhancements to bolster security, Canada also undertook major 
legislative initiatives, such as the Security Act of 2002, 
which increases the ability of law enforcement agencies to 
combat terrorism specifically.  Paul Kennedy observed that 
the revised Anti-Terror Act presently before Parliament is in 
some ways complementary to the U.S. Patriot Act. 
 
4.  (SBU) PSEPC has particular responsibility for critical 
infrastructure protection.  PSEPC officials noted that 60 
percent of Canadian infrastructure (e.g., gas pipelines, 
electric power lines, tunnels, bridges, and railroads) has 
some level of connectivity to the U.S.  PSEPC suggested that 
there is a need for common risk assessment standards, greater 
sharing of information regarding threat levels, and more 
joint exercises.  PSEPC sees as immediate challenges the 
removal of high risk threats and security on the Great Lakes 
and St. Lawrence Seaway. 
 
5.  (SBU) PSEPC also raised the problem of cross-border 
firearms smuggling, with DPM McLellan referring specifically 
to smuggled pistols coming into Canada from the U.S. and 
being used in drug-based gang violence in Toronto.  (Comment: 
 Indeed, Canadian media reported the previous day on the 
conviction of two gun smugglers, including one who brought 23 
handguns into the country through the Windsor tunnel.  End 
comment.)  Secretary Chertoff asked if Canada experiences the 
same problem with handguns as the U.S.; the DPM replied that 
it does not, because Canadian law does not recognize a right 
to bear arms. 
 
6.  (SBU) The U.S. raised the issue of visas.  Visa policy 
coordination is one of the items on the Smart Border Action 
Plan.  (Comment:  It is also one of the most touchy due to 
sovereignty and privacy considerations.  End comment.) 
Secretary Chertoff asked about Canadian visa issuance 
 
SIPDIS 
procedures and if his understanding is correct that a mail-in 
program was part of the process.  The DPM and Rob Wright said 
that wasn't true, that interviews were done.  They added that 
due to more stringent and demanding procedures, especially 
for some former visa waiver countries, there is a large 
backlog of visa applications.  Wright said that when security 
is the issue, there should be harmonization between the U.S. 
and Canada.  The U.S. asked about the wisdom of Canada not 
requiring visas for South Koreans, particularly given reports 
that South Korean women are smuggled through Canada into the 
U.S. to work in the sex trade.  The DPM acknowledged that 
Canada had recently reconfirmed its position of not requiring 
visas of South Koreans, but she said she would consult with 
the Minister of Immigration on this U.S. question and 
concern. 
 
7.  (SBU) When discussion turned to the Windsor-Detroit 
Gateway and what seems to be a rather long lead time (until 
2013) to actually implement any of the long-term solutions 
currently on the table, DPM McLellan warned that the USG and 
GOC should remain objective and not prejudge the five options 
currently being considered.  She added that the process is 
underway (beginning with the announcement of contracts for 
environmental impact assessments) and should be allowed to 
move forward.  The DPM and her staff suggested that President 
Bush and Prime Minister Martin should continue to underscore 
the importance for both nations of finding a solution to 
easing congestion at the Windsor-Detroit corridor.  Agencies 
of both governments are currently implementing short-term 
solutions to meet the 25 Percent Challenge (to reduce transit 
times by 25 percent over 12 months) announced during the 
December 2004 Ridge-McLellan meetings. 
 
8.  (SBU) The U.S. and Canada have identified the 
Buffalo-Fort Erie crossing as the potential site for a pilot 
land pre-clearance project.  This pilot presents a different 
sort of challenge than that at Windsor-Detroit, however, in 
that it envisions national enforcement officers operating on 
foreign territory:  Canadian CBSA on the U.S. side, and U.S. 
CBP in Canada.  There are many vexing questions concerning 
this arrangement, including the extent of authorities 
(search, detain, arrest), immunities, and foremost perhaps, 
the carrying of firearms.  Other problems include the 
question of whether or not a person intending to cross the 
border would be allowed to withdraw once an inspection has 
started.  Secretary Chertoff acknowledged the difficulty 
posed by the asymmetrical authorities currently exercised by 
CBP and CBSA.  Rob Wright said that mechanisms could be 
agreed upon, such as targeting, that would allow the project 
to work.  DHS staff explained that a study of the Buffalo 
pre-clearance pilot is underway.  Operational analysis must 
be done, with a view to identifying the greatest facilitation 
and maximization of resources.  A progress report is 
anticipated in May.  All agreed that a way can be found to 
allow the pilot project to go forward. 
 
9.  (SBU) Looking at opportunities for future collaboration, 
Rob Wright said that Canada's National Security Policy will 
continue to bind the U.S. and Canadian security strategies 
ever closer together.  The Bush-Martin and Ridge-McLellan 
meetings in December 2004 were important steps in creating 
the environment to build stronger security ties.  The March 
23 "Trio" meeting in Texas would provide another opportunity. 
 Wright commented that domain awareness, the broadening of 
shared procedures at the borders, and economic imperatives 
should tie the countries together.  Secretary Chertoff and 
DPM McLellan will be in Texas for the roll out of the 
Security and Prosperity Partnership. 
 
10.  (U) Secretary Chertoff and DPM McLellan (and the British 
Home Secretary via pre-recorded video) held a press 
conference announcing the TOPOFF 3 exercise April 4 - 8 that 
will simulate a terrorist attack to test emergency plans and 
procedures.  The U.S., Canada, and the United Kingdom are the 
principal participants with 13 other countries, including 
Mexico, as observers.  In their press statements the 
Secretary and DPM emphasized the U.S.-Canadian partnership to 
 
SIPDIS 
thwart terrorism while at the same time facilitating the free 
flow of legitimate commerce and people. 
 
11.  (U) Comment:  This was a successful first meeting 
between Secretary Chertoff and DPM McLellan, which will help 
them move through a full bilateral agenda.  There remain, 
however, many legal (enforcement authorities, privacy issues) 
and political (sovereignty) hurdles to be overcome in 
achieving optimal cooperation on border security. 
 
Visit Canada's Classified Web Site at 
http://www.state.sgov.gov/p/wha/ottawa 
DICKSON