New Border Regime is Taking the U.S.-Canada Partnership to the Next Level

By Dana Gabriel

The Beyond the Border deal announced in December 2011 represents the most significant step forward in U.S.-Canada cooperation since NAFTA. Dual action plans are further transforming trade, regulatory and security relations between both countries. Over the next few years, various cross-border initiatives will be rolled out, with some beginning as pilot programs. The U.S. and Canada have laid the framework for a new border regime which is taking their partnership to the next level and pushing the continent closer to a fully integrated North American security perimeter.

The Department of Homeland Security and Canada Border Services Agency recently announced the Phase I pilot of the Entry/Exit program which is part of the Beyond the Border Action Plan. It will include collecting and exchanging biographic information of third-country nationals, permanent residents of Canada, and lawful permanent residents of the U.S. at four selected land border ports of entry. A fact sheet stressed how this, “is an important step as both countries move towards a coordinated entry/exit system that will strengthen border and immigration programs, support law enforcement, and accelerate the legitimate flow of people and goods into Canada and the United States and across our common border.” The Canadian government is also advancing plans to use biometrics for immigration and border security that would bring them in line with the U.S. and other countries. The perimeter security agreement called for implementing, “systematic and automated biographic information-sharing capability by 2013 and biometric information-sharing capability by 2014.” A North American biometric identification system could be used to restrict, track and trace our movements.

U.S. and Canada Implementing Beyond the Border Perimeter Security Initiatives

By Dana Gabriel


Through the Beyond the Border agreement released in December 2011, the U.S. and Canada are implementing initiatives that are working towards establishing a North American security perimeter. This includes expanding trusted traveler programs, as well as enhancing integrated law enforcement and information sharing cooperation which has raised many privacy concerns that have yet to be properly addressed.

There are questions surrounding the Conservative government’s Bill C-38, the Budget Implementation Act that also contains changes related to the U.S.-Canada Beyond the Border action plan. This includes ratifying and making the Shiprider a legal and permanent program which will require amending the Criminal Code, along with the RCMP and Customs Act. The joint initiative officially known as the Integrated Cross-Border Maritime Law Enforcement Operations first began as a pilot project. It allows RCMP and U.S. Coast Guard officers to operate vessels together and pursue criminals in the waters of both countries. The Council of Canadians reported that the NDP is demanding that the Shiprider policing program be taken out of budget implementation bill. Brian Masse, the NDP border critic is pushing for separate legislation and pointed out that, “it’s totally irresponsible to have it as part of the Budget Implementation Act.” He added, “There’s significant policing issues that really warrant a standalone bill. If it was so important that they did all the fanfare for it, why doesn’t it warrant its own process?” The proposed changes could have serious sovereignty implications with regards to accountability, due process and civil rights and therefore, need to be fully scrutinized.