An unguarded, black chain-link fence erected in B.C. alongside the U.S.-Canada border is now the topic of a global investigation and could possibly be in violation of a greater than 200-year-old treaty, in accordance with one immigration lawyer.
The fence, roughly 30 metres lengthy, was put up on the finish of English Bluff Highway in Tsawwassen, a neighborhood inside the Metro Vancouver suburb of Delta, B.C., on Jan. 16. That aspect of the border adjoins a park within the Washington state neighborhood of Level Roberts.
The Worldwide Boundary Fee, a bi-national group chargeable for regulating building near the Canada-U.S. border, confirmed to CBC Information Wednesday that it didn’t authorize the fence and is now investigating the matter.
The Delta Police Division really useful the fence be constructed to forestall individuals from unintentionally crossing into the U.S. following a 2023 incident during which a Tsawwassen senior went for a stroll and did not return house.
He was discovered useless just a few days later in Level Roberts after inadvertently crossing into the U.S. The police pressure stated the fence was applied in collaboration with town’s engineering staff.
Monument Park in Level Roberts, which has grassy area that extends throughout the border into Canada, is a spot the place Canadians and People have traditionally been capable of meet collectively for picnics with out going by means of border patrol. It grew to become a very fashionable assembly place through the COVID-19 pandemic when the borders had been formally closed.
Battle of 1812 treaty
In 1814, Britain and the U.S. signed the Treaty of Ghent, which ended the Battle of 1812, agreeing to return to pre-war boundaries underneath the situation that neither nation may erect a barrier inside 10 ft or three metres of the border. (Canada was nonetheless underneath the British Crown then, solely changing into a completely sovereign nation in 1867).
The fence in Delta is mere inches away from an indication that claims “no building or bushes” inside 10 ft or three metres of the worldwide boundary.
“Whoever put up this fence was clearly not studying this placard,” stated U.S. immigration lawyer Len Saunders.
“The Canadian authorities, instantly by means of the municipality of Delta, has violated the Treaty of Ghent,” Saunders stated, including that he is stunned the fence has not but been taken down.
Movement to carry fence down
Delta Mayor George Harvie stated neither he nor the remainder of council knew in regards to the fence earlier than it went up.
Harvie stated a movement to take it down can be put to council on Monday. He instructed CBC Information he expects a unanimous vote or not less than for a big majority of councillors to vote in favour of the movement.
He stated council will then instantly notify the Worldwide Boundary Fee of its actions and conduct an investigation to find out how a fence was put up with out its information to forestall it from occurring once more sooner or later.
The Canada Border Companies Company stated it was not concerned within the set up of the fence and referred inquiries to Delta police.
Whereas there was beforehand no fence alongside this a part of the border, there have been and nonetheless are border patrol cameras that monitor the realm. Many different components of the quick border are marked by quite a lot of non-public property fences or, as Harvie described, low boundaries that forestall vehicles from crossing over.
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