The CBSA must protect our borders from the far right

People around the world struggling against dictatorships and fighting for democracy have often looked to the United States for inspiration. But America’s democratic credentials have been tarnished. The assault on democracy on Jan. 6 was the culmination of years of Donald Trump inciting his base with hateful rhetoric and radicalizing people, who eventually led an insurgency on the country's elections and transition of power. The extent to which these elements succeeded in breaching the Capitol was described by Politico as a “strategic failure” of security and police forces. Others have described it as a double standard that comes with white privilege. In fact, it's both. National security is not colour blind. Race has always played an important factor in what is perceived a terrorist threat by our law enforcement and justice systems. Since 9/11, the national security apparatus in both the United States and Canada prioritized foreign threats, despite research consistently demonstrating that domestic groups are a serious threat to national security. Canada’s selective approach to domestic terrorism has long been on display. The so-called Toronto 18 were charged with terrorism, so were the Via Rail attack plotters—all Muslims. But Alexandre Bissonnette, who shot up the Quebec City mosque in 2017 while consumed by Trump and far-right anti-Muslim and anti-refugee ideology was not. Nor was Corey Hurren, an active-duty reservist in Canada’s military, who, also allegedly inspired by far-right ideology, drove thousands of kilometres to Ottawa and broke into the grounds containing the prime minister’s home with weapons. The contrast is clear. Ideologic threat of violence by people of colour equals terrorism, but not when perpetrated by white males. Prosecution of violent extremists is not the only area where a selective approach, informed by race, is on display. Immigration lawyers like myself have witnessed hundreds of instances where the Canada Border Services Agency (CBSA) targeted people fleeing persecution in predominantly Muslim countries because of even the slightest affiliation with mainstream Islamic groups like the Muslim Brotherhood in Egypt and Bangladesh’s Jamaat e Islami. In contrast to the far right’s opposition to democratic institutions, these Muslim organizations have chosen to champion change through democratic approaches. Yet those refugees have found themselves accused of unfounded terrorism allegations, even when Canada has not even designated the organizations in question as terrorist organizations. CBSA agents are given a free hand to invoke unreliable, biased, and prejudiced evidence to reject racialized refugee claimants, while someone wearing a MAGA hat can drive across the border without concern. As a matter of fact, in Canada, MAGA-hat wearing Trump supporters are holding public offices, sitting on the bench of the judiciary and holding influential political positions. The failed Capitol Hill insurrection is a wake-up call that a serious threat to our national security is rooted in domestic white supremacists and far-right organizations. Canadians voiced solidarity with their U.S. counterparts and others travelled to Washington, D.C., to participate. The response of our government to these serious threats has been slow and muted. Even after members of the Proud Boys—founded by a Canadian—participated in the storming of the Capitol, the office of the minister of public safety would not indicate if Proud Boys will be designated as a terrorist organization. CBSA is empowered by section 34(1) of our Immigration and Refugee Protection Act to deny entry to any person involved with an organization that engages in acts of terrorism or subversion of democracy, without the need of a government designation. While many argue this power is arbitrary and violates charter rights, as the CBSA can controversially refuse admission to asylum seekers by accusing them of terrorism against autocratic regimes for their non-violent advocacy for democracy, the far-right attempt to subvert democracy in the US is a legitimate application of this law. As U.S. authorities crack down on these domestic terrorists, many may seek refuge in Canada with their Canadian counterparts. At this point, CBSA culture and focus may well result in them being welcomed into Canada. The CBSA needs to improve its intelligence on white supremacists and other far-right organizations to prevent them from finding a new home here. Capitol Hill insurrectionists are terrorists and it's upon CBSA to stop them from entering Canada, or else we will be facing an even larger national security threat. Washim Ahmed is a lawyer and co-founder of OWS Law. He is a member of the Canadian Bar Association's IRB Consultative Committee. Washim holds a Masters from Osgoode Hall Law School and practices family and immigration/refugee law in Toronto. The Hill Times