POT SMOKING ADMISSION BARRING SOME FROM U.S.

Canadians Reminded Entry Is A Privilege, Not A Right

OTTAWA -- Canadians are being barred from entering the U.S. after admitting
to American immigration inspectors they once smoked marijuana.

A recent crackdown includes what some immigration lawyers are calling ``an
attitude change'' on the part of inspectors, who have become more
aggressive since a tough new U.S. law took effect last April.

In one of the reported changes, U.S. officials at pre-flight inspection in
major Canadian airports are asking about marijuana use. Canadians who tell
the truth are being denied entry indefinitely to the U.S.

The same strict adherence to the law on the part of Canadian inspectors
would keep U.S. President Bill Clinton, who has admitted smoking, but not
inhaling, marijuana, out of Canada.

Calgary lawyer Michael Greene told U.S. officials Wednesday during a
conference call briefing that instead of facilitating entry, American
immigration inspectors have taken ``a gatekeeper approach'' that includes
asking about marijuana use.

``Canadian officers are specifically trained not to ask that question
because if we did ask, possibly half your population under 50 would be
inadmissable to the country,'' Greene told the Americans.

Linda Loveless, an assistant chief inspector for the U.S. Immigration and
Naturalization Service, said complaints about the questioning have come to
Washington's attention and are being examined.

``It is not a general policy that we should be asking that kind of thing Š
and we have not in any way encouraged people to ask that kind of question
outright but that is something that we will look at,'' Loveless said from
Washington.

She said that in 1997 there were about 80 million entries into the U.S.
from Canada. Of that number 128,000 were inadmissable for a variety of
reasons including lack of citizenship records such as a passport or birth
certificate. Ninety-three per cent of those found inadmissable were allowed
to withdraw their application to enter the U.S., ensuring no barrier the
next time they try to cross the border.

The number of individuals turned back for marijuana use was not available
but they are counted in the other seven per cent -- about 9,000 -- who
leave a record of their failed entry for future attempts.

Greene, who has specialized in immigration issues in Calgary for 14 years,
reported the case of a 25-year-old woman who complained to him that she was
barred from the U.S. for admitting to having smoked marijuana when she was
19.

He says he has received complaints about the marijuana questioning but he
does not know if similar practices are being exercised by U.S. inspectors
in other major cities.

Greene, who is national secretary of the Canadian Bar Association's
immigration and citizenship section, said Canadians who acknowledge using
marijuana are found inadmissable because they are considered guilty of a
felony, one of 40 reasons for being denied entry to the U.S.

He says ``little white lies'' are being told at the border by some visitors
to the U.S. and Canada to get around the stricter rules.

``If they don't have a conviction or your admission to an offence, then
they may have a problem refusing entry,'' said Greene.

He said he was encouraged by the conference call, which was held in
response to recent complaints and media reports about the tougher U.S.
position.

At Vancouver International Airport, a U.S. Customs officer denied Canadians
are being specifically targeted.

``There's not a single law that applies to Canadians only. It's not your
right to enter the U.S., it's a privilege,'' said the officer, who declined
to be identified.

If U.S. inspectors are more vigilant than they used to be, according to the
officer, it's because visitor traffic between U.S. and Canada has increased.

Last month, the area director for U.S Customs in Blaine said inspectors
have been seeing an increase in the number of marijuana smugglers coming
from the Lower Mainland. Customs officers are now forced to be more
vigilant in questioning visitors, said Gene Kerven.

Under the new law that took effect last April, American immigration
inspectors must impose a five-year ban on people they judge to be
misrepresenting the reasons for their visit.

Admissions of marijuana use are entered into U.S. records and will result
in future denials by inspectors. Those who admit to marijuana use will only
be able enter the U.S. if they obtain a waiver from the immigration service.