TOFINO MAN GROUNDED BY U.S. BORDER RIGIDITY

Even the judge rolled his eyes, gave Adrian Dorst a suspended
sentence when the then 24 year-old got busted for having marijuana
resin in a decorative pipe way back in 1967.

But American authorities were dead serious when they discovered the
Tofino man's 45-year-old conviction last week.

They refused to let him fly through the U.S., costing the well-known
nature photographer a $1,250 airline ticket and a "dream trip" to
the cloud forest village of Mindo, Ecuador, where he had planned to
spend two months hiking and birdwatching.

It's a cautionary tale for travellers: Even for those who have
crossed the border with impunity for years, the past is never really buried.

Dorst's troubles began last week when he showed up at Vancouver
International Airport for a flight to Quito that involved a 2
1/2-hour layover in Houston, Texas.

Just before boarding, the U.S. border agent in Vancouver checked his
passport and asked a few questions as usual, but then, instead of
allowing Dorst through, sent him to another room for further screening.

After a couple of hours, the U.S. agent revealed she knew of that
suspended sentence from 1967. The conviction came after the police
who raided a communal apartment in St. Catharines, Ont., seized a
pipe that was hanging on a wall - not exactly the French Connection
on the drug-crime index.

"The judge roundly criticized the RCMP for arresting me," said
Dorst, on the phone from Tofino on Monday.

When the border agent asked about any other arrests, Dorst, 68, said
he had spent a night in the clink during the anti-mining protests in
Strathcona Park in 1988.

He was also locked up in Nanaimo's Brannen Lake jail for a week or so
after being found in contempt during the Clayoquot anti logging
protests that same year.

In the end, Dorst, having been fingerprinted and spat back out by
Uncle Sam, found himself on the way back to Tofino, where he has
lived since 1972, getting by mostly as a photographer (including the
odd freelance job for the Times Colonist).

So much for that dream journey to Mindo. "It's quite famous for
birdwatchers," he said. "I had my heart set on it."

It looks like Dorst, whose story was told by the Vancouver Sun's Ian
Mulgrew on Monday, is out the $1,250 he paid for his ticket. "I'll
send Homeland Security an invoice, but I doubt they'll pay it."

What baffles him is that he has never had a problem crossing the border before.

The vast majority of people crossing the border get only what the
U.S. Customs and Border Protection calls a primary check - a passport
examination and a few questions - said spokesman Mike Milne.

Red flags will go up if you're currently wanted by authorities, but
it's only if the agent deems you worthy of a more-thorough secondary
check that a criminal record will show up.

Crimes of "moral turpitude" and serious offences like assault or
robbery are grounds for denial. Drunk driving won't get you banned,
but a drug conviction will - whether for three joints 40 years ago or
a kilo of heroin last week.

Someone like Dorst would likely qualify for a waiver from Homeland
Security, but the process typically takes at least a year and can
cost close to $1,000, says Victoria's division of the
Commissionaires, which helps guide applicants through the red tape.

Even if the application is approved, a first-time waiver is only good
for a year. Renewals last for five.

That might make the alternative - hoping to slip across without
notice - seem tempting, if still a crapshoot. Even if a secondary
check reveals an old record like Dorst's, some agents will let the
passenger through with a warning to get a waiver before attempting to
fly again. Of the million people who ask to enter the U.S. on any
given day, just 225 are turned back, Milne said.

Will Dorst apply for a waiver? "Absolutely not." He says he'll
choose routes that avoid the U.S. instead. "It's more expensive, but
I don't want to deal with these people."

He bridles at his treatment.

"I guess I'm deemed a threat to the security of the United States," he said.

"What is the purpose of this? What purpose does it serve them? I have no idea."