Irish dude jailed for Parkinson's in Calgary

[fredr123]

Originally Posted by ken0042

Here's why I tend to be skeptical. Under privacy laws; Canada Customs cannot say anything about the case without his permission. As far as I know; he has not given it yet. In the news last week they said that he was planning on giving his permission this week.

Why not give permission while all of those cameras are on you?

I have a feeling that this is going to be one of those issues where CCRA could have handled the situation better; but the person is not quite as innocent as he is claiming. Keep in mind all I'm basing the previous statement on is my gut.

My understanding is that permission has now been given. It's up to the media now to ask the questions or report on them. The truth is a lot more boring than the Canadian government strip searching Parkinson's patients.

[ken0042]

Has anybody heard a followup on this? As Fred said (and was my understanding as well) the CCRA's position was available as of Monday.

[Bobblehead]

Originally Posted by ken0042

Has anybody heard a followup on this? As Fred said (and was my understanding as well) the CCRA's position was available as of Monday.

I found this link.

Hamilton told CityNews he asked officers over and over again to speak to a lawyer, or at the least the British or Canadian consulate, but says that request was denied. Border Agency officials say they have a form given to anyone they detain which asks if they want a government representative to be informed of their arrest or detention. Officials say there is a check mark beside the no box with a signature that reads Trevor Hamilton.
"We afforded him his right and he signed a waiver and he waived that right," says White.
"I remember saying things but in that bad of shape I could have been saying anything. After a ten hour flight, but I don't remember her telling me sign a waiver, that i don't want to see anyone. I don't believe I did that," claims Hamilton.

While I think CCRA was probably being overzealous, I think the whole issue may come down to the bolded part - they guy doesn't know what he may have said.

[ken0042]

Cool. Thanks for the link Bobblehead. I forgot to check CityTV.

It does make sense now. Yes the CCRA may have been over zealous, it's hard to say how they may have reacted to a person who they say was changing his story as to why he was in Canada; and by his own admittion he doesn't know what he may have said.

Same reason I put up with the occasional American Superiority Attitude I get from US Customs. I know by flapping my gums I will get turned around.

[fredr123]

Just a couple of points to throw out there:

You don't have a right to counsel upon examination by a border agent in Canada. When the guy in the booth is asking you your name and where you are going, you can't ask for a lawyer. Well, you can but it won't get you anywhere. Your right to counsel only arises upon being detained and courts have said that at a border crossing (or airport in this case) there is a justifiable reason for asking all these questions and holding you up (a de facto detention). But when the cuffs go on and you are hauled to remand, yeah you do have a right to counsel and Immigration will afford you an opportunity to call a representative of your government. That's the check box thingy the article refers to.

Being stripped naked and having a cold shower all happened at remand. There are no proper jail facilities at the Calgary Airport to hold prisoners or other people in detention. Where does everyone go when they are arrested and being held? Hell... err I mean Remand. Same thing basically. That place really sucks but the treatment Hamilton may have got there can't be blamed on Immigration or Customs.

Unless you are a Canadian Citizen, Permanent Resident of Canada, Treaty Indian or some limited form of protected person you do not have a right to enter Canada. And even if you do fall into one of those categories above you are still obligated to answer questions honestly and not withhold information. In the case of someone not in one of those categories, entering Canada is a privilege and it is up to you to satisfy the border officers that you are not inadmissible.

Put yourself in the shoes of the officer in question here. You are charged with, among other things, protecting the safety and security of Canada by preventing people from entering the country who shouldn't be here (ie terrorists, criminals, people who are going to be a burden to the health care or welfare system, etc). Someone comes up to you after a long overseas flight and tells you he's going to be staying at the Super8 a few blocks from the airport. Why are you here? Just visiting. Who are you visiting? My friends. Who are your friends? Todd and Jeff. Who are they? Just some friends. What are their last names? I don't know. What do they do? They work at the Super8. How do you know them? I met them on the phone while I was booking the hotel. How long are you staying? I don't know. What are you going to be doing here? Just visiting. How long are you going to stay here? I don't know, maybe 6 months. How will you support yourself? I have a couple hundred pounds... and so forth.

I made some of that up but believe me that is kind of typical. Would you feel confident enough in those answers to place your stamp (tracable to YOU) in that person's passport and grant him admission to Canada? What if this person turns up in a hospital somewhere needing a ton of medical treatment and has no insurance? Or does something illegal in Canada or collects welfare or is involved in some terrorist plot? I'm not saying any of this was or wasn't the case here but if someone is giving answers above and changing their story, can you really blame Immigration and Customs officials for not granting the guy admission? All that other stuff about lawyers and remand flows from the less than persuassive answers. Just my thoughts.

[fredr123]

More (over)reaction: http://sandrascanadablog.blogspot.co...al-smooth.html

[jolinar of malkshor]

I agree with Fredy on this one.

[tripin_billie]

fredr123, I understand where you are coming from, but I've run into my fair share of idiot Canadian customs agents that have little to no knowledge of immigration laws. The worst was the racist lady in Vancouver who was patronizing anyone that was not white. I wanted her ass fired so bad, but I was late for my connection, so I didn't bother.

There are some good customs agents, but just like bus drivers, a large portion of them act very rudely to people, and thus ruin the image of the position overall.

Oddly, I find the American guards much easier to deal with than the Canadians.

[Bring_Back_Shantz]

Originally Posted by tripin_billie

fredr123, I understand where you are coming from, but I've run into my fair share of idiot Canadian customs agents that have little to no knowledge of immigration laws.

I don't mean to be a dick, but do you acutally have some qualifications in immigration laws?
Because I'm pretty sure it's these people's job to know these things.

[jolinar of malkshor]

If they didnt know immigration laws they wouldnt be working there. Is that how much trust you place in your public officials?

[jolinar of malkshor]

here is a live interview with both Mr. Hamilton and CBSA spokes person.

No keep in mind Mr. Hamilton swears up and down he was not afforded the right to contact his lawyer or government rep yet CBSA has a waver for representation signed by Mr. Hamilton.

http://cbc.ca/asithappens/media/dail...05-10-aih1.ram