BORDER AGENCY HALTS JOINT OPS

Move Expected to Affect Criminal Probes

Canada's Border Service Agency has permanently halted all joint
operations with police forces across the country, in a shocking move
that Windsor's police chief says will have ramifications for criminal
investigations.

"It will probably prolong investigations," Gary Smith said Sunday. "At
the very minimum, it's really going to set us back in our operations
and our ability to gather information in a timely manner."

CBSA upper managers, in a long-running dispute with the 4,800-member
Customs and Immigration Union over whether customs officers should be
armed during joint operations, made the surprise announcement in a
written statement late Christmas Eve.

The customs officers' union has constantly maintained that its work
with police forces is helping keep drugs, guns and explosives off
Canadian streets.

But the officers, trained in specialized searches, say they need to be
armed when taking part in operations with police because the work can
be dangerous and, typically, they are not told what type of situation
they are walking into.

Smith said he only heard of the announcement Sunday night when he was
contacted by a Windsor Star reporter, so he refrained from making
further comments until he had a chance to review the CBSA's
announcement.

But he added that Windsor police frequently work with the CBSA and
other law enforcement bodies on both sides of the border in cases
involving handguns, drugs, tobacco and stolen car parts.

In 2008, police seized 27 smuggled guns in downtown Windsor after a
nine-month investigation involving CBSA. Smith said that sort of
co-operation between agencies is crucial.

"Any relationship law enforcement agencies have becomes very important
because there are always overlapping jurisdictions," Smith said.

Commonly using sniffer dogs, border guards are often brought in to
high-risk raids operations to search for drugs imported by organized
crime -- Hells Angels clubhouses, for example.

Customs officers are, however, obliged to wear bulletproof vests while
on these missions.

CBSA bosses in Ottawa were apparently opposed to their officers
carrying weapons on joint operations because of legal considerations,
and insisted that the requesting police forces should be responsible
for protection.

Joint ops were voluntary for customs officers and, while the work is
often dangerous, many have volunteered because they enjoy the work.

"Our people want to participate," said union president Ron Moran.
"They are like trained soldiers who want to be among the action. But
they also want to be as safe as possible."

There is no rationale for sending firearm-trained guards into
dangerous situations without their weapons, added Moran.

"These people are well-trained and firearms are an integral part of
that training," he said.

To avoid leaks about planned raids, border guards are rarely given
details about a search until it is about to begin.

On drug raids, which are typically led by plainclothes police, the
union says its members are targets because they are often the only law
enforcement officers in uniform.

CBSA's Christmas Eve decision comes shortly after the union filed an
appeal in Federal Court in an effort to win approval for its position.

The Federal Court appeal was in response to a mixed decision by the
Occupational Health and Safety Tribunal of Canada, which recently
ruled in the test case of a Montreal border officer who challenged the
existing regulation.

The tribunal ruled that in the Montreal case the officer had been in
little danger but was critical of the CBSA processes in place to
protect its officers working on joint ops.

During the tribunal hearings, a senior Montreal police officer said
police value the customs officers' help because of their "great
expertise and impeccable work."

It isn't clear whether CBSA consulted police forces before announcing
its decision and spokespeople were unavailable for comment.

In its statement, CBSA doesn't mention the dispute with its union or
the court proceedings but says, basically, that it can no longer
afford to lend its officers to police forces.

"It is recognized that co-operation among law enforcement agencies is
an essential element of positive relationships," said the statement.

"However, in consideration of the gaps in officers' authorities and
protections coupled with the significant challenges that currently
exist with respect to operational resources, the CBSA is better
advised to direct its attention to areas of primary
responsibility."

Moran claims CBSA's stance on joint operations is in conflict with the
federal government's own policies.

The Harper government enthusiastically promoted the arming of border
guards and pushed through the necessary legislation.

The CBSA issued an order a year ago telling guards they had to go
unarmed into joint operations and that responsibility for their safety
would rest with the accompanying police officers.

Canada armed its first border guards three years ago after pressure
from the union to be allowed to carry side arms like their U.S.
counterparts.

The Harper government, citing security concerns, agreed and allocated
$101 million to pay for ongoing weapons training which in most cases
is a three-week course.