Wow. Great interview by CBC, and kudos to them for posting the entire 15 minutes. As Goodman says, dissent is crucial to national security…but what I found the most chilling was that they immediately flagged her (so apparently she’s on some kind of watch list), and were concerned about the content of her speech, especially the upcoming Olympics. (As Goodman herself notes, she wasn’t planning to discuss the Olympics, and originally misunderstood the guard’s mention of them, thinking he was referring to Chicago’s bid for 2016.) It seems that questioning a prospective entrant to the country about what they’re going to talk about would violate at least the spirit, if not the letter, of the Charter of Rights and Freedoms.

I can hardly wait for the authoritarian conservative crowd to come around, falling all over themselves to see who can be the greatest apologist for this sort of behavior.

Are you Canadian? You dropped a reference to the Charter… I updated the post with a link to the U.S. Dept of State description of Cdn Border Control and apparently they do have the power both to decide exclusively who comes in, and to do a search of computers… I was surprised, though, based on what I what I can recall from my law school Evidence classes…seemed like there needs to at least be probably cause for a search of a vehicle…but it’s been a while.

I’m not Canadian, but have read over the Charter and know, roughly, its importance in Canadian law and culture.

I’m not a lawyer, but I believe all countries have the exclusive right to decide who they allow in. They also can search computers and vehicles, I believe…as far as I know, normal rules about probable cause and unreasonable search simply don’t apply at the border.

US Border Patrol also reserves the right to search, copy data from, and confiscate computers at border crossings, without probable cause or reasonable suspicion:
http://www.wired.com/threatlevel/2008/04/border-agents-c/

This amazes me, because of the sheer numbers of people who take computers across borders. It makes me think that if one is conducting any kind of sensitive international business deal, it’d be better to email documents to oneself (or mail oneself a USB drive at the destination) than to have them on your hard drive as you cross. (I wonder: would the search involve them asking you for an encryption passkey? and could they deny you entry if you refuse?)

Bush, on the other hand, has been permitted to enter numerous times now. in spite of:

Under Canadian laws, including the Criminal Code (in force since 1987), the Crimes Against Humanity and War Crimes Act (in force since 2000), and the Geneva Conventions Act (in force since 1985), torture and other war crimes and crimes against humanity– committed anywhere in the world, by and against any person(s)–are crimes in Canada and Canada has a legal duty to prosecute such crimes.
The duty to prosecute such crimes committed outside Canada, under the Criminal Code and the Crimes against Humanity and War Crimes Act is triggered when the suspected perpetrators enters Canada and/or when a victim is a Canadian citizen. Under the Geneva Conventions Act, the jurisdiction to prosecute does not require a trigger. Prosecutions require the written consent of the Attorney General of Canada. Under the Criminal Code a citizen can lay an information alleging torture without the prior consent of the Attorney General of Canada.

It sounds to me that a border guard, who had a position on the Olympic question over-stepped for his own political agenda, then searched the car looking for a legitimate reason for the detainment.

As for the Olympic question, the first I heard about any controversy was from the right, when they were arguing against Chicago, but none of the headlines I googled-up at the time gave any indication that the subject would eventually lead to an international incident.

I hope Ms. Goodman is okay, that she’ll get to the bottom of it and I’m sure it’ll provide fodder for future columns, interviews, radio shows and perhaps a book.

Speaking as a Vancouverite… this non-story is ridiculous. here’s why..

1) Protesting is an official occupation in Vancouver. awesome. The public used to have access to their meetings, but because of all the disruptions(code for Protesters) they now have their meetings behind closed doors. Everything right now is Olympic related. So it’s not a huge jump to question if her speech is Olympic related. She probably dropped some hints…perchance she was dressed in Anti Olympic bedizenment.

2) We are Crazy Left up here… we would welcome her with open arms, maybe even give her a spin through the “Free” health care system… maybe not, that would even turn Trifecta off. The only politics Border Guards don’t agree with is potential trouble makers.

3) I travel that border ALL the time. Both Sides pull people in all the time. Once an CBP Agent denied entry to a little tiny innocent looking 20yr old girl because of an old arrest (that was apparently dropped) but without Court Papers to prove that. An Arrest Alone can be a Flag… apparently what happens in Minnesota, doesn’t stay in Minnesota!

4)There is about 50 meters of Land that is referred to as “no Mans Land” it is called that for a reason, no laws apply. They can go through anything, for no reason other than suspicion. I’ve seen agents swarm a car, pull it apart & all the contents , and leave it for the driver to reassemble. seriously, you are just happy it’s not you!

5)People always Love to play Victim at the Border. There are no transcripts, it’s just a He said/She said! And it gets even better if the CBC (Loyal Left State Run Television) Gives you a platform.

& 6) I’m a little upset that I don’t get the proper attention when I am weirdly questioned at the border.. so Boo Hoo Ms Goodman.

And as A side note: savvy travelers don’t travel with any documents on their computers. Hello Email & Snail mailed Flash drives!!