Smuggling between the United States and Canada - Essay Example

In 1846, the government of Canada passed a law stating that the proceeds from seized smuggled goods were to be divided between "the Collector of the Port where the seizure shall have been made, the Officer or person making the same, and any person or persons giving information or otherwise aiding in effecting the seizure or obtaining the condemnation of the goods seized," in proportions deemed fair by the provincial governor. (Early Canadiana Online) If this law was still in effect, in 2002, the British Columbia provincial minister, the United States Drug Enforcement Agency, and countless informants would have split $1.5 M USD--the street value of a seizure of the methamphetamine precursor chemical pseudoephedrine manufactured in Canada. (U.S. Drug Enforcement Agency, 2005) According to U.S. Attorney John Ashcroft, "[i]llegal narcotics, aliens, weapons, alcohol, tobacco and currency are smuggled in both directions across our [Canada-US] border, virtually wherever and whenever it is profitable." (Ashcroft, 2001) The profitability is unquestioned. Smuggling of aliens across the US-Canada border is an estimated $10 B USD industry, according to the U.S. Border Patrol. (Ashcroft, 2001) The Canada Customs and Revenue Agency reported that between 1996 and 2000, more than 3.7 metric tons of marijuana was seized at the US-Canada border. (Royal Canadian Mounted Police, 2001) Canadian Prime Minister Paul Martin claimed that fully 50 percent of the gun violence in Canada involved smuggled guns from the U.S. (Shooting Times Research Center, 2005) In Pasquantino v United States, the defendants were found guilty under U.S. federal wire fraud laws even though they were attempting to defraud the Canadian government by smuggling liquor across the border to avoid paying duties. (Cornell Law School, 2005) The Royal Canadian Mounted Police describe the US-Canada border as challenging. The border is roughly 6,000 KM and has varying topography, including forested areas, lakes and rivers. With 300 U.S. Border Patrol agents assigned to this border, compared to the 8,000 agents patrolling the US-Mexico border, challenging is a euphemism. Initiatives such as the Canada-US Cross-Border Crime Forum, Integrated Border Enforcement Teams (IBETs) and Operations Mountain Express, Northern Star and Candy Box have used manpower on both sides of the border to stem the tide of smugglers. The Pasquantino case illustrates one way in which cooperation between the two countries can work effectively to support the federal laws of both. The defendants assumed that because they were U.S. citizens, they wouldnt be charged with breaking Canadian duty tax laws by smuggling liquor into the country. Because they transmitted their plans via telephone and postal mail, they contravened conspiracy laws in this country. This case is an important example of how existing laws can be used creatively to curb smuggling. The Canada-US Cross Border Crime Forum was created in 1997. This forum was an important step in educating law enforcement agents on both sides of the border on laws and techniques of the other country, to improve rapport and coordination of interdiction efforts against smuggling. Forums such as this allow lawmakers and interpreters of the law to enjoy more successes like the Pasquantino case. Joint tactical operations are the "boots on the ground" aspect of stopping the flow of illegal goods and aliens across the US-Canada border. Whether its Operation Mountain Express, which netted over 300 arrests, the seizure of over 30 tons of pseudoephedrine, 181 pounds of methamphetamine and over $16 M USD in cash in 2002; or Operation Candy Box, which was global in scale due to the elaborate money laundering scheme criminals in Canada and the U.S. engaged in with the proceeds from the production and sale of MDMA and marijuana in both countries. This operation resulted in the arrests of over 130 individuals in 19 cities in Canada and the U.S.; and the seizure of more than 877,000 MDMA pills, 120 kg of MDMA powder, and over $6 M USD in cash. But is that enough? On the modern battlefield, electronic surveillance measures expand the capabilities of the soldier through remote-controlled drones, motion detectors and satellite imagery. Using these assets to cover parts of the US-Canada border that are infrequently manned by border agents is the best way to combat smuggling. Remote-controlled drones have already been tested by the U.S. Border Patrol in combatting illegal aliens on the US-Mexico border. Predator B drones are an effective way to visually monitor areas in situations where personnel may not be available. Through the acquisition and use of these types of drones on the US-Canada border, agents can have the capability to see in low-light situations (i.e., at night), the best times to catch smugglers crossing the border. (DefenseTech.Org, 2004) The Predator B is classified as an Unmanned Aerial Vehicle (UAV). Its capabilities include 24-hour mission sustainability (flying approximately 400 nautical miles, hovering in surveillance mode for 14 hours, then returning to its base of operations 400 nautical miles away), and having a maximum altitude of 25,000 feet. The optimal operational altitude is 15,000 feet, according to the United States Air Force. Real-time capability is available through satellite communications, and maintenance is much more cost-effective than with manned aircraft. Along with drones in the air, seismic monitors can detect movement on the ground. Originally used by scientists to study earthquake tremors, these devices are an accurate way to detect foot or vehicle movement through areas not covered by human assets. (Electronic Privacy Information Center, 2005) These seismic monitors, coupled with infrared or low-light imaging capability or even acoustic capturing devices, can add visual or audible intelligence to sensors tripped by movement. This will reduce false alarms caused by wildlife or legitimate border travel. The motto of the U.S. Customs and Border Protections Intelligence Operations division is "Eyes On Until Hands On." With 6,000 kilometers of border to cover, the United States and Canada would do well to expand their electronic capability to get more eyes on smugglers crossing the border, enabling more arrests and seizures of narcotics, aliens, tobacco, firearms, liquor and currency. If the 1846 law was in effect, proceeds from these seizures could be reinvested into expanding that capability with little impact on the taxpaying public. Works Cited: Early Canadiana Online. [Online]. Available:http://www.canadiana.org/ECO/SearchResults/3/11?id=871fcbea1c0d9beb. [16 April 2006] Ashcroft, J. 2001. Cross Border Crime Forum Remarks. [Online]. Available: http://canada.usembassy.gov/content/textonly.asp?section=can_usa&subsection1=borderissues&document=ashcroft_ottawaspeech_062001. [16 April 2006]. Public Safety and Emergency Preparedness Canada. 2004. Canada-United States Border Drug Threat Assessment. [Online]. Available: http://www.psepc-sppcc.gc.ca/prg/le/bs/uscabdta-en.asp#15. [16 April 2006]. Royal Canadian Mounted Police. 2001. United States-Canada Border Drug Threat Assessment. [Online]. Available: http://www.rcmp-grc.gc.ca/pdfs/cid/CanadaUSDrugThreat.pdf. [16 April 2006]. United States Drug Enforcement Agency. 2005. State Factsheets. [Online]. Available: http://www.usdoj.gov/dea/pubs/state_factsheets.html. [16 April 2006]. Shooting Times Research Center. 2005. Dont Blame U.S. for Gun Crime, Canada Told. [Online]. Available: http://www.galleryofguns.com/shootingtimes/articles/DisplayArticles.asp?ID=7606. [16 April 2006]. United Nations Convention Against Transnational Organized Crime. After Palermo: An Overview of what the Convention and Protocols Hope to Accomplish. [Online]. Available: http://www.unodc.org/palermo/sum1.html. [16 April 2006]. Cornell Law School. 2005. Supreme Court Collection. [Online]. Available: http://chrome.law.cornell.edu/supct/search/display.html?terms=smuggling%20canada&url=/supct/html/03-725.ZO.html. [16 April 2006]. Public Safety and Emergency Preparedness Canada. 2004. Annual Report on the use of Electronic Surveillance. [Online]. Available: http://www.psepc-sppcc.gc.ca/abt/dpr/le/elecsur-en.asp. [16 April 2006]. DefenseTech.Org. 2004. Desk Jockeys vs. Border Drones. [Online]. Available: http://www.defensetech.org/archives/001986.html. [16 April 2006]. Electronic Privacy Information Center. 2005. Spotlight On Surveillance; Surveillance at Our Borders. [Online]. Available: http://www.epic.org/privacy/surveillance/spotlight/0305/. [16 April 2006]. Read More