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INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE
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UNCLAS SECTION 01 OF 03 OTTAWA 001369 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
FOR WHA/CAN, H (BARBARA FLECK), AND CA/PPT (FRANK MOSS) 
STATE PASS USTR FOR S. CHANDLER AND J. GROVES 
 
E.O. 12958: N/A 
TAGS: OREP ASEC PREL KIPR CA
SUBJECT: CONGRESSMAN JAMES SENSENBRENNER SPEAKS WITH THE 
CONSERVATIVE GOVERNMENT OF CANADA 
 
 
SENSITIVE BUT UNCLASSIFIED--PLEASE PROTECT ACCORDINGLY. 
 
¶1.  (SBU) Summary:  Congressman James Sensenbrenner, 
Republican Member of Congress from Wisconsin and Chairman of 
the House Judiciary Committee, visited Ottawa April 23-25, 
2006, accompanied by Judiciary Committee Chief of Staff and 
General Counsel Phil Kiko.  The Ambassador joined the 
Chairman's meetings with recently-elected (January 2006) 
Government of Canada (GOC) officials, who included the Prime 
Minister and Ministers of Public Safety and Justice.  The 
Congressman and Chief of Staff Kiko also met the Commissioner 
of the Royal Canadian Mounted Police (RCMP) as well as 
several members of Parliament's Border Caucus who raised 
questions and concerns regarding the travel document 
requirements of the Western Hemisphere Travel Initiative. 
The meetings with GOC officials covered a broad range of law 
enforcement and border issues, including intellectual 
property rights (IPR) enforcement, and were uniformly 
cordial, frank, and positive concerning strengthening 
bilateral cooperation.  The Congressman reinforced the 
message that the status quo in terms of travel documents used 
on the Canada-U.S. land border is not adequate and must be 
changed.  End summary. 
 
------------- 
Public Safety 
------------- 
 
¶2.  (SBU) Congressman Sensenbrenner, who was the principal 
author of the Patriot Act, last visited the Canadian capital 
in December 2004, when the Liberal Party under Prime Minister 
Paul Martin held the reins of government.  In his April 24 
meeting with the new Conservative Party Public Safety 
Minister Stockwell Day, Congressman Sensenbrenner explained 
the rationale for U.S. legislation concerning security of the 
border and the U.S. preoccupation with ensuring the integrity 
of identity documents, particularly those that can be used as 
travel documents.  The December 2004 Intelligence Reform and 
Terrorism Prevention Act's call for secure travel documents 
for those entering the United States is the direct result of 
a finding of lax security by the 9/11 Commission, Congress 
Sensenbrenner noted.  The Western Hemisphere Travel 
Initiative (WHTI) requires a passport or other acceptable 
secure travel document for use on the land border with Canada 
starting January 1, 2008.  A passport would be the preferred 
document, but other secure tamper-proof documents--that prove 
citizenship and have embedded biometric data to prove 
identity--are also being considered. 
 
¶3.  (SBU) Minister Day spoke of his April 18 - 20 trip to 
Washington and his very positive meetings with Attorney 
General Gonzales and Secretary Chertoff.  He noted that in 
his meetings with Secretary Chertoff the two had discussed  a 
secure document other than a passport to meet WHTI 
requirements, and that the Secretary suggested it was 
necessary to identify other documents that could be used. 
Congressman Sensenbrenner remarked that the technology is 
available to produce such an alternative secure document. 
(Comment:  The GOC has not yet come to grips with the WHTI's 
call for a passport or similarly secure document for use on 
the land border starting in 2008 and is still exploring the 
possibilities of an exemption or special consideration for 
Canadians.  Nonetheless, on April 25 Minister Day announced 
that Canada is considering a WHTI-friendly move:  extending 
the validity of its passports from the current five years to 
10 years.  End comment.) 
Q 
¶4.  (SBU) Congressman Sensenbrenner explained that many 
security vulnerabilities exist with documents such as 
state-issued driver's licenses (the 9/11 hijackers had 
multiple licenses issued by several states) and 
local-government issued birth certificates (3,200 counties in 
the U.S. issue birth certificates).  Minister Day and Deputy 
Minister Margaret Bloodworth said that the GOC appreciates 
America's concern regarding secure travel documents and the 
need for standard, verifiable documents that have integrity 
and cannot be easily counterfeited or altered.  They noted 
that the basic document proving citizenship in Canada, the 
provincially-issued birth certificate, is not standard or 
tamper-proof, and Quebec has not yet centralized the issuance 
of birth certificates.  The Congressman noted that paper 
birth certificates are not fool-proof documents.  He observed 
that we need to put birth certificates on a database in order 
to confirm their authenticity.  Minister Day commented that 
Canadian officials have discussed with U.S. officials the 
features that might be incorporated into a standard and 
secure travel document that would meet WHTI requirements. 
 
OTTAWA 00001369  002 OF 003 
 
 
(Comment:  U.S. and Canadian Passport Office officials have 
been looking at this question for several months.  End 
comment.)  Responding to a question concerning a possible 
extension of the January 1, 2008 deadline for new travel 
document requirements on the Canada-U.S. land border, the 
Congressman replied that an extension is highly unlikely and 
that he would not support an extension. 
 
¶5.  (SBU) The Congressman, Ambassador Wilkins, and Minister 
Day noted with approval several areas of bilateral 
cooperation in law enforcement and the border that are doing 
well:  extraditions, the joint RCMP-U.S. Coast Guard maritime 
security project at the Super Bowl ("shiprider"), and a 
ballistics technology MOU nearing completion.  They 
identified others for additional work:  a permanent shiprider 
program; land preclearance and reciprocal authorities for 
border officers; a new crossing at Detroit-Windsor; 
additional dedicated crossing lanes at other ports of entry; 
and enhancing the FAST and NEXUS trusted traveler programs. 
Minister Day said that Public Safety is prepared to advance 
the shiprider program.  He added that Canada is making plans 
to arm border guards.  (Note:  The Canadian government budget 
released on May 2 contains a request for C$101 million to 
begin arming border guards.  End note.) 
 
------------------- 
Minister of Justice 
------------------- 
 
¶6.  (SBU)  In his meeting with Minister of Justice Vic Toews, 
Congressman Sensenbrenner raised his concerns with 
counterfeit goods, including drugs.  Minister Toews replied 
that Canada shares U.S. concerns about IPR violations, 
particularly those involving knock-off products that may 
cause harm to those who purchase them.  The Congressman said 
he hoped that Canada and the U.S. would continue to make 
progress on establishing a permanent shiprider program.  He 
would also like to see the issue of authorities of our law 
enforcement officers resolved to enable land preclearance and 
further mutually-beneficial joint law enforcement activities 
such as those undertaken by the Integrated Border Enforcement 
Teams (IBETs).  Minister Toews added that there is a need to 
strengthen the shared communications capability of our law 
enforcement officers. 
 
¶7.  (SBU) Minister Toews continued that the Government of 
Canada is actively considering the introduction of several 
new legislative bills and regulatory changes dealing with 
mandatory sentences, required incarceration (rather than 
"house arrest"), an increase in the age of consent from the 
current 14 years to 16 years, specific statutes for combating 
organized crime, and others.  Minister Toews, like Minister 
Day, said that Canada intends to arm its border guards. 
 
¶8.  (SBU) Minister Toews registered his concern about the 
WHTI travel document requirements and the negative economic 
impact a travel document requirement could have for border 
communities.  The Congressman replied that we have genuine 
concerns that terrorists might enter the United States from 
Canada.  A secure travel document will hopefully reduce the 
risk of that.  It is not our intention to tighten the border 
to the point that legitimate commerce or travel is curtailed, 
but we need a secure border. 
 
---- 
RCMP 
---- 
 
¶9. (SBU) In his meeting with Royal Canadian Mounted Police 
Commissioner Giuliano Zaccardelli and Deputy Commissioner 
P.Y. Bourduas, Congressman Sensenbrenner asked if progress 
had been made since their last meeting (in December 2004) on 
Qhad been made since their last meeting (in December 2004) on 
achieving radio interoperability for our two countries' law 
enforcement officers.  The Commissioner replied that shared 
communications capability had not been achieved; he added 
that achieving such cooperation would require a high-level 
political decision. 
 
¶10.  (SBU) Zaccardelli and Bourduas told the Congressman that 
U.S. and Canadian law enforcement officers have excellent 
operational cooperation.  The Integrated Border Enforcement 
Teams have been very successful, but more could be done to 
fully integrate the IBET staff and functions, the 
Commissioner commented.  Asked about intellectual property 
rights cases, the Commissioner replied that the RCMP, working 
with the Canadian Border Services Agency, intends to step up 
action against violators.  The RCMP will be more vigorous in 
 
OTTAWA 00001369  003 OF 003 
 
 
pursuing cases against pirate products, the Commissioner 
said, giving as an example the "camcorder criminals" who film 
first-run movies in theaters in Toronto and then sell bootleg 
copies. 
 
¶11.  (SBU) Zaccardelli described what he perceives as the 
"law and order attitude" of the new Conservative government 
and hinted that he expected an increase in the national 
budget for the RCMP.  (Note:  The May 2 budget contained 
C$161 million for recruitment into the RCMP and the ranks of 
federal prosecutors.  End note.)  Zaccardelli, like Ministers 
Day and Toews, said that border guards would be armed in the 
future.  He suggested also that more RCMP officers might be 
placed on duty at border ports of entry. 
 
----------------------------- 
Prime Minister Stephen Harper 
----------------------------- 
 
¶12.  (SBU)  Congressman Sensenbrenner and the Ambassador met 
for 25 minutes with Prime Minister Stephen Harper.  Their 
conversation focused on U.S.-Canada cooperation and the 
friendship between our two countries. 
 
---------------------------- 
Lunch with the Border Caucus 
---------------------------- 
 
¶13.  (SBU) The Ambassador hosted a luncheon at the residence 
on April 24 for Congressman Sensenbrenner and Chief of Staff 
Kiko with eight members of Parliament's Border Caucus: 
Claude Bachand (Quebec, Bloc Quebecois); Larry Bagnell 
(Yukon, Liberal); France Bonsant (Quebec, Bloc Quebecois); 
Gord Brown (Ontario, Conservative); Russ Hiebert (British 
Columbia, Conservative); Peter Julian (British Columbia, New 
Democratic Party); Gurbax Malhi (Ontario, Liberal); and Brian 
Masse (Ontario, New Democratic Party). 
 
¶14.  (SBU) Lunch conversation focused on the WHTI.  MP 
Hiebert, who was the major founder of the Border Caucus, 
raised several questions about possible special consideration 
for Canadian citizens crossing the land border.  Congressman 
Sensenbrenner replied that the law requires everyone, 
including American citizens, to have a passport or similar 
secure document to enter the United States.  It wouldn't be 
reasonable to expect that Canadians could enter with anything 
less.  Hiebert and other MPs opined that requiring a passport 
or equivalent document will deter casual travel by our 
citizens on both sides of the border, many of whom live in 
communities straddling the border and cross often for a 
sporting event, movie, meal, or to visit family and friends. 
MP Brown expressed his concern that the WHTI requirements 
will diminish the Canada-U.S. relationship, making our two 
peoples grow further apart rather than closer together.  MP 
Masse observed that documentary requirements may not make the 
border more secure anyway, because ill-intentioned 
individuals who want to avoid detection will not cross at a 
border post. 
 
¶15.  (SBU) Comment:  Congressman Sensenbrenner's visit went a 
long way to reinforce the message that the WHTI travel 
document requirements are a part of U.S. law and are a 
reality, and that there is no exemption for Canadians in the 
law.  This is the same message that Embassy and Consulate 
General Public Affairs and Consular Sections have been 
delivering to both Americans and Canadians who make inquiries 
about WHTI.  This is also the message the Ambassador has 
delivered.  We have also told those inquiring that the exact 
nature of an acceptable document that can be used in lieu of 
a passport is still being developed; i.e., that it is a work 
in progress.  At the same time, we have said that whatever 
Qin progress.  At the same time, we have said that whatever 
new document is ultimately deemed acceptable, the status 
quo--a driver's license and birth certificate--will not be. 
We and the Government of Canada await the news of decisions 
on acceptable travel documents to meet the requirements of 
WHTI. 
 
Visit Canada's Classified Web Site at 
http://www.state.sgov.gov/p/wha/ottawa 
 
DICKSON