it seems to depend on whether the border cops are seen as screening me for entry - in which case the new law should apply to them) or whether they're seen as law enforcement, in which case they should have deeper access.

i would argue they're screening me for entry. showing up at the border and requesting entry doesn't imply you're under suspicion for anything, right?

===

hi.

i know you're not an mp any more, but i'm trying to keep my queries about this away from the border patrol, and you did write the act. as the act just came into force, most of the information on the internet is outdated.

i was recently arrested without a warrant, charged with a hybrid offence, printed, released and then had my charges withdrawn due to no chance of conviction. it is my position that had the officer sought a warrant the arrest would not have happened and the entire situation was ridiculous. nonetheless, my prints are now on file.

the government's focus in it's press releases was on domestic applications in the new law, specifically for screening. my understanding is that this information could only be found on exceptional release through a vulnerable sector check, if conducted domestically. that's relieving, in some sense.

however, i'm more concerned about the border than i am about domestic applications. i have requested a file destruction, but it could take months, and i'm kind of upset about that. as i don't think any of this should have happened, i'm considering a serious constitutional rights challenge under s. 6. but, if these new rules also apply to the border cops, that would be entirely unnecessary, because you have beaten me to it.

so, considering that my charges are now dropped, what level of access do the us border cops now have to the cpic database? it doesn't explicitly state as much in the legislation. if the us border cops are considered to be screening me for entry into the united states - which is certainly true - then they should have the same access as anybody else that is screening. but, if they are seen as law enforcement, then they should have deeper access.

if you don't know the answer, i would appreciate any suggestions regarding somebody to contact that does. i don't want to call them directly, because the whole point is to prevent them from downloading information that i expect to be destroyed.