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Jess Frampton

Liberals face two showdowns to Trump-proof Canada

As if Justin Trudeau isn’t dealing with enough. His Liberal Party is down in the polls and struggling amid a House of Commons shutdown led by the Conservatives. Now it has to manage an incoming Trump administration intent on extracting as much as it can from Canada.

After nearly 10 years in power, the Liberals are politically weak, and they’re staring down another potential parliamentary showdown over what to do about Donald Trump. Last time, it was overTrump’s 2018 tariffs on Canadian steel and aluminum imports. This time, it’s likely to be about the president-elect's latest tariff threat and border security politics.

What the tariff man wants vs. Canada’s choices

Trumprecentlyannounced an intended tariff policy that made Canadian leaders blanch: 25% across the board — levies that would cripple Canada’s economy. The tariff hike wasn’t a surprise, considering Trump campaigned on it, but the 25% rate was a shock, and the inclusion of Canada disabused optimistic Canadians of any hope that a long, close trade and security relationship between the countries would mean preferential treatment.

The president-elect has said Canada would pay the high tariffs “until such time as Drugs, in particular Fentanyl, and all Illegal Aliens stop this Invasion of our Country!” So Trump has laid out his ground rules, but responding to his demands will be tough.

For one thing, the US Drug Enforcement Agency says that while Canada’s border was a fentanyl threat a decade ago, it’s no longer a core part of the drug-poisoning crisis. Mexico poses a bigger threat — almost 500 times more fentanyl was seized by US Border Patrol coming from Mexico than Canada in 2023.

Still, border crossings are up. Encounters between irregular migrants and authorities along the US-Canadian border in 2023 account for just a fraction of the 1.5 million along the US-Mexico border, but the Canadian numbers are higher than ever. Along the northern land border — the world’s longest at 5,525 miles — border patrol reported 189,000 encounters last year, a 73% uptick from the year before — and nearly 600% higher than in 2021.

The Liberal government has promised to be “very visible” on border policy in response to Trump, adding more staff and equipment, including additional helicopters and drones to monitor the frontier. It is also pledging additional resources for the Royal Canadian Mounted Police aimed at curbing human smuggling across the border. They’ve also launched an online ad campaign — in 11 languages — to dissuade refugees from making asylum claims in Canada.

The Mounties, in turn, plan to send more police to the border if necessary, largely in response to Trump’s plan for mass deportations, which it expects will lead to a surge in illegal crossings. The exact number of pledged Mounties is unclear, though the increase could involve sending cadets to the border. The Canada Border Services Agency says it would need up to 3,000 more officers to manage its share of increased border activity.

Border security poses domestic challenges for Trudeau

Any new Canadian border security plan will cost money the government must come up with as part of its budget in early spring. Since the Liberals rely on support in a minority parliament, they require support from opposition parties to pass legislation.

At least one province isn’t waiting around for Trudeau. Alberta is working on its own border plan, which may include a special sheriff unit to patrol the crossing between it and Montana. But the bulk of any plan will come from Ottawa.

While he can’t implement policy, Conservative Leader Pierre Poilievre — whose side leads the Liberals by 20 points in the polls — can cajole and pile more political pressure on Trudeau. Poilievre’s podium sign during a recent speech read: “Fix the broken border,” and he’s calling for a plan to be presented to Parliament by the Liberals that includes more border patrols, stricter visa rules, a cap on how many asylum-seekers the country accepts, and more.

Trudeau met with opposition leaders on Tuesday to discuss border security and the tariff threat, but Poilievre has political reasons to keep calling it “Trudeau's broken border.” After all, the Conservatives, if their polling holds, are set to replace the Liberals, and the country is due to vote by October 2025.

To pass legislation in the meantime — including the crucial budget Trudeau needs to tighten border controls and keep Trump’s tariffs at bay — the Liberals must win the support of another party in the House of Commons, most likely the NDP, if anyone.

In theory, Poilievre might back a robust Liberal border plan, which Conservatives would claim as their own. But it may be more likely that they’ll reject whatever the Liberals come up with as insufficient and wait to present their own plan if they form a government after the next election.

The Conservatives won’t hand Trudeau a win, says Graeme Thompson, a senior analyst with Eurasia Group’s global macro-geopolitics practice, and will likely respond to the Liberals’ border plan with: “Great, but it’s too late and not enough.” So they’d “vote against it for being too spendthrift and for not doing enough on security and defense.”

That would leave Trudeau with two choices for a partner: the Bloc Quebecois, who are also set on defeating the Liberal government, or the New Democratic Party, who are taking things one day — and one vote — at a time. So far, on the border, the NDP is calling on the government to hire 1,100 new border agents and to expand the agency’s powers.

Thompson says the left-wing Bloc and NDP “might not be the most excited about okaying massive expenditures on border security.”

For the NDP to vote against the Liberals, they’d likely have “to find the budget insufficiently generous when it comes to economic and social supports for Canadians,” Thompson says. But if they simply say the Liberals have gone too far on border and defense spending? “Then suddenly you’re in a situation where the Liberals have lost both flanks, and that could be a trigger for an election,” he adds.

Such a border security showdown could lead to an early election, says Thompson, as the Liberals try to navigate competing demands from Trump and opposition parties at home.

Could a new government fare better?

Should the Conservatives replace the Liberals in 2025, the changing of the guard may give Canada a stronger negotiating position vis-à-vis Trump. Poilievre’s Conservatives, for example, could scrap Liberal policies such as the Online Streaming Act and the digital services tax that irk the US, giving them leverage in negotiations with Trump.

Meanwhile, Trudeau’s ability to navigate tense US-Canada relations could determine his political fate and Canada’s economic future.

FILE PHOTO: France, Paris, 03-12-2022. March against the Uighur genocide

Fiora Garenzi / Hans Lucas via Reuters Connect

Hard Numbers: Slave labor gets free pass, China probes fried chicken blast, Fresh beef over origins of meat, Windfarms vs. farmlands, Record numbers at US-Canada border

0: Is Canada complying with its obligation, under the revamped NAFTA accords, to stop importing goods that are made with forced labor? A Politico report earlier this week suggested Canadian border services officials were starting to detain shipments from Western China, where Beijing is accused of using slave labor among the Uighur population. But the Globe and Mail reports that zero imports have so far been rejected. Of particular concern are exports of relatively inexpensive Chinese solar panels, which have helped businesses and homes wean themselves off fossil fuels without breaking the bank.

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The Rainbow Bridge over the Niagara River links the borders of Niagara Falls in Ontario, Canada, to Niagara Falls in New York.

Norbert Grisay/Hans Lucas via Reuters

Hard Numbers: Migrants head for US-Canada border, Canada flies fresh F-16 funds to Ukraine, Big Oil plans for a Big Crash, Toronto cans scan plan

191,603: While the immigration crisis at the southern US border has commanded significant attention in recent months, the northern border with Canada is becoming more popular with asylum-seekers, undocumented migrants, and human traffickers. In 2023, officials recorded 191,603 encounters with people crossing into the United States via Canada without papers, more than 40% higher than the year before but still less than one-tenth the volume along the US-Mexico frontier.

60 million: Canada pledged to send Ukraine $60 million in support for F-16 jet maintenance and ammunition. The move, part of a larger $500 million pledge made last spring, comes as congressional infighting, public fatigue, and election jockeying continue to hold up tens of billions of dollars worth of fresh support for Kyiv from the US.

30: Given where gas prices are these days you wouldn’t think it, but global oil giants like Shell, Exxon, Chevron, and Total are carefully preparing for the possibility of another oil price crash, beefing up their production at newer oil fields that are profitable even if oil prices plummet to $30 a barrel. As of this writing, that was less than half the price of a barrel, which is hovering around $75.

6: The Ontario government has canceled a pilot program in which people’s IDs would have been scanned at the entrances to six Toronto-area liquor stores. The program was meant as an experiment to find ways to boost security at liquor stores, but it immediately generated privacy concerns, since the data would have been held in government systems for 14 days.

Asylum seekers cross into Canada from the US border near a checkpoint on Roxham Road near Hemmingford, Quebec.

REUTERS/Christinne Muschi

Canada’s top court says US safe for refugees – more or less

The Supreme Court of Canada has ruled that the Safe Third Country Agreement, which governs refugee migration between Canada and the United States, is constitutional. Refugee groups had said the US was not a “safe” country and that returning refugees who fled north violated the Canadian Charter’s Section 7 guarantee of “life, liberty, and personal security.” The court said otherwise.

The decision follows the March deal struck between Canada and the US to close the irregular border crossings not covered by the 2002 agreement. Refugee migration experts warned the amendment would make life more dangerous for refugees, and eight migrants died soon after while trying to cross the St. Lawrence River to reach the US from Canada. Data from the US Customs and Border Protection before and after the March deal show an initial downturn in migrant encounters after the deal but an increase in May. Canadian data is pending, but Ottawa has acknowledged that the amendment will be tough to enforce and that the use of clandestine irregular routes could raise the risks of human trafficking and sexual violence while putting children and elderly migrants at greater risk.

In the court’s decision, Justice Nicholas Kasirer wrote that legislative “safety valves” guard against “real and not speculative risks of refoulement from the United States.” The court also noted that while some of the concerns cited by advocates were legitimate, such as poor holding conditions, migrants had access to “curative measures” like resident permits and humanitarian and compassionate exemptions.

So the STCA passed one hurdle … but the court also sent the case back down to the Federal court for review on the grounds of a possible Section 15 violation of the Charter. Section 15 covers equality under the law and protects from “discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability.” Advocates argue migrant rights are being violated based on sex and religion, with the US providing inadequate protections and accommodations for either.

While some want the STCA scrapped, both Washington and Ottawa prefer to keep it in place. Both Joe Biden and Justin Trudeau are facing elections in 2024 and 2025 in which immigration will be center stage. Biden needs to limit the porousness of the northern border, and Trudeau needs to reduce irregular migration via Quebec, a province with huge political sway.

Whether the new STCA deal holds, however, is up to the courts, where round two on its constitutionality is about to get underway.

CBP Border Patrol agent during a news conference announcing the completion of border wall prototypes in San Diego.

TNS/ABACA

ACLU demands data on irregular border crossings

The New Hampshire American Civil Liberties Union is suing Customs and Border Protection for access to apprehension and encounters data along the New York, Vermont, and New Hampshire borders with Canada. In February, CPB claimed there was an 846% jump between October 2022 and the end of January 2023. Now the ACLU is asking CPB to prove it with hard data – which the latter is disinclined to do. The border agency says it “does not release enforcement statistics and/or enforcement data at less than a Sector or Field Office level.” Whether CPB can keep this data private remains to be seen – that will be up to the courts.

In March, as President Joe Biden visited Ottawa, Canada and the US struck a deal on closing a common irregular border crossing and amending the decades-old Safe Third Country Agreement. The deal was short on details and long on promises, and experts said it posed a risk to migrant safety. In May, Canada’s Border Services Agency said the deal was working, claiming irregular migration had fallen “significantly.”

The March deal was premised on increased irregular migration between the two countries. That deal is done, and the ACLU suit won’t change it, but it isn’t the only border policy change being sought based on agency claims. In New Hampshire, for example, Gov. Chris Sununu is pressing for a tighter, more expensive border patrol to address irregular crossings from Canada into his state. That measure is currently being considered by the state Senate.

While governments like to claim they make policy based on hard facts, the ACLU thinks that evidence should be made public, especially when it comes to an issue as sensitive and significant as migration. This isn’t the ACLU’s first border policy-related pushback. In fact, last week, CPB settled a 2020 lawsuit with ACLU chapters over border patrol checkpoints on Interstate 93 in Woodstock, NH, near the US-Canada border. Use of the checkpoints has now been suspended.

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