HomeMy WebLinkAboutMINUTES - 02272007 - SD.1 SD.1
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Date: February 27, 2007 Public Comment
On this date, the Chair called for public comment. The following people presented
testimony:
• Joseph Tiedje, Brentwood resident, informed the Board he was wrongfully
accused of Boating Under the influence (BUI). He requested the Board secure
reimbursement of$830.00 to get his Jet Ski released to him as it was towed away
by Vessel Assist per Sheriff instruction.
• Ralph Hernandez, Antioch resident, requested that the Board request an
investigation by the Grand Jury or District Attorney into the matter of someone
within the Contra Costa County Housing Authority leaking information about
Antioch Section 8 tenants and landlords to outside parties. He informed the Board
he believes that the Federal and State-protected rights of the Housing Assistance
recipients and providers may have been violated;
• Vickie Reinhart, Knightsen resident, expressed her concern about the quality of
water in the Elementary School. She said she would bring more information to
the next Board meeting;
• David Kahler, Concord resident, spoke about the systematic failure in the
County's Mental Health facility and requested the Board designate members of
staff to spend one day in the Mental Health facility and bring back information to
the Board;
• Frank Dell, Brentwood resident, informed the Board that the Knightsen
Community Service District would like to have a well put in in Knightsen and
does not want to transfer the contract to Diablo Water; and
• Teresa Pasquini, Mental Health Commissioner, said she was outraged over the
County's failure to develop a comprehensive, compassionate, and contemporary
plan for the mentally ill.
The following people provided their comments via the County website:
• [Anonymous] referred to a presenter on Contra Costa Television regarding water
being an infrastructure problem in the next 20 years, and asked if an advisory
group had been formed on where the water would come from.
• [Anonymous] commented on the use of the Richmond Ferry in time of
emergency; and
• [Anonymous] commented on whether it would be possible to prevent crime in the
unincorporated areas.
THIS IS A MATTER FOR RECORD PURPOSES ONLY-NO ACTION WAS TAKEN
Agenda Date: _ ITEM NO:-,5 D•
Public Comment
My name is Teresa Pasquini. I am a Nami Member and a Mental Health
Commissioner for District 1. I am here to communicate my feelings of
outrage over this county's failure to develop a plan for the mentally ill that
is comprehensive, compassionate, and contemporary.
I am not here to point fingers)and blame the hard working county
employees who have dedicated their lives to helping the mentally ill. But, I
am here challenge this Board to stop paying lip service to stamping out
stigma . Show leadership by acknowledging that the system is failing the
majority of those who need it the most. The recent P/R campaign by your
Hospital Administrators and Department Heads is spinning out of control
Their claims are not supported by facts! They blame everyone including the C_ U-T !V��s
�- State, the Feds, President Bush and now local police for their failure to
correct safety issues which are risking millions in funding for our county
hospital.
Dr. William Walker's recent letter to the Contra Costa TIMES stated that
our county's Health Service's Department is working efficiently to improve
and deliver mental health services. I doubt that the family and friends of
Katy Lee, who was beaten to death by her mentally ill son in the past few
weeks, would agree with Dr. Walker's positive spin. Where was his support
system, where was his case manager? Where was his Community
Treatment Team? Now it is too late for him, too late for his mom. Was this
efficient?
The bed reduction on the Inpatient Psychiatric Unit has only caused local
police to be more reluctant to take anyone in on a 5150. They know the
chances for admittance are slim, and that acutely psychotic people are
. ; walking right out the door and back into the community. Why should they
waste their precious time and resources? The hospital claims-that most
counties have 5150's escorted by police. I don't know if that is true, but I
assure you most families would not want their loved ones handcuffed and
transported to a hospital in the back of a police car, like a criminal. Is this
stamping out stigma? Is this an improvement?
The RNs who left the hospital due to the bed reduction are only available 5
days a week, during daytime hours. They are NOT available nights and
weekends when the clinics are closed. Hospital discharges often occur on
Friday afternoons or over the weekend. What will happen to these
consumers?
Will the so called improvements that Dr. Walker touts miraculously cause
the current hospital administration to become more efficient in complying
with State and Federal regulations? Are the changes in Psych Emergency
and Impatient correcting safety issues, or creating more?Are these changes
based on providing our consumers improved services or the hospitals
attempts to increase billing?
Why has CCRMC gotten away with such a blatant lack of leadership? Why
has this Board of Supervisors allowed this situation to continue? Why are
we all, as a community, accepting the ongoing INEFFICIENTCY, of our
Mental Health System?
�a
GD I
My name is Teresa Pasquini. I am a Nami Member and a Mental Health
Commissioner for District 1. 1 am here to communicate my feelings of
outrage over this county's failure to develop a plan for the mentally ill that
is comprehensive, compassionate, and contemporary.
I am not here to point fingerspnd blame the hard working county
employees who have dedicated their lives to helping the mentally ill. But, I
am here challenge this Board to stop paying lip service to stamping out
stigma . Show leadership by acknowledging that the system is failing the
majority of those who need it the most. The recent P/R campaign by your
Hospital Administrators and Department Heads is spinning out of control.
Their claims are not supported by.facts! They blame everyone including the
_ik\Q- State, the Feds, President Bush and now local police for their failure to
correct safety issues which are risking millions in funding for our county
hospital.
Dr. William Walker's recent letter to the Contra Costa TIMES stated that
our county's Health Service's Department is working efficiently to improve
and deliver mental health services. I doubt that the family and friends of
Katy Lee, who was beaten to death by her mentally ill son in the past few
weeks, would agree with Dr. Walker's positive spin. Where was his support
system, where was his case manager? Where was his Community
Treatment Team? Now it is too.late for him, too late for his mom. Was this
efficient?
The bed reduction on the Inpatient Psychiatric Unit has only caused local
police to be more reluctant to take anyone in on a 5150. They know the
chances for admittance are slim, and that acutely psychotic people are
walking right out the door and back into the community. Why should they
waste their precious time and resources? The hospital claims that most
counties have 5150's escorted by police. I don't know if that is true, but I
assure you most families would not want their loved ones handcuffed and
transported to a hospital in the back of a police car, like a criminal. Is this
stamping out stigma? Is this an improvement?
The RNs who left the hospital due to the bed reduction are only available 5
days a week, during daytime hours. They are NOT available nights and
weekends when the clinics are closed. Hospital discharges often occur on
Friday afternoons or over the weekend. What will happen to these
consumers?
Will the so called improvements that Dr. Walker touts miraculously cause
the current hospital administration to become more efficient in complying
with State and Federal regulations? Are the changes in Psych Emergency
and Impatient correcting safety issues, or creating more?Are these changes
based on providing our consumers improved services or the hospitals
attempts to increase billing?
Why has CCRMC gotten away with such a blatant lack of leadership? Why
has this Board of Supervisors allowed this situation to continue? Why are
we all, as a community, accepting the ongoing INEFFICIENTLY, of our
Mental Health System?
Consider with SDA
Public Comment received via e-mail
February 27, 2007 Board of Supervisors Meeting
<cc0fcontra.napanet. To: <comments@cob.cccounty.us>
net> cc:
02/26/2007 05:57 AM Subject: Data posted to form 1 of
http://www.co.contra-costa.ca.us/depart/cao/agendacomments_form.ht
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.NET CLR 1.1.4322)
Date: 26 Feb 2007
Time: 05:57:27
Comments:
Supervisor John Gioia
Last week Bart had passengers walking a half mile to the close station due to
a fire:
Last week AMTRAK in Solano County had a delay due to a train and car using the
same space.
Last week a Earthquake occured in Berkely
. on the Hayward Fault.
The Bus
What about a meeting for the Bus Bridge operators?
AC Transit and Westcat share the Future
Richmond Parkway. This is a hub that has excellent on and off ramps for buses.
In time of crisis the Bus 40/41 from Marin could stop and help.
The Solano County Bus could help
How. do we communicate? Amtrak has also has bus routes.
The use of the Richmond Ferry in time of emergency will need Bus Bridge
operator to bring the people to the ferry. _
THANKS
Consider with SDA
Public Comment received via e-mail
February 27, 2007 Board of Supervisors Meeting
<cc0@contra.napanet. To: <comments@cob.cccounty.us>
net> cc:
,f A' Subject: Data posted to form 1 of
02/26/2007 05:44 AM http://www.co.contra-costa.ca.us/deparUcao/agendacomments_form.ht
m
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HTTP User Agent: Mozilla/4.0 (compatible; MSIE 7.0; AOL 9.0; Windows NT 5.1;
.NET CLR 1.1.4322)
Date: 26 Feb 2007
Time: 05.:44:56
Comments: .
Last Thursday night I watched on County TV the plans in the next 20 to 25
years to build .80, 000 new housing starts in Contra Costa County.
The presenter did state in the questions that WATER was an intrastructure
problem for the new people.
Do we have an advisory group on where we will get the WATER for the new
people?
20 years passes very quickly!
Contents
Page 1 . . . . . . . . .Letter from District Attorney
Page 2. . . . . . . . .Ticket for Boating under the influence
Page 3 . . . . . . . . .Bill for towing of Jet Ski $830.00
Page 4 & 5. .. Demand letter for refund of$830.00
Page 6 & 7 ... Interesting e-mail about tourists with
minor criminal records.
CONTRA COSTA COUNTY
Office of the District Attorney r
Robert J. Xochcy
District.Attorney ' ;
TO: Whom It May Concern
FROM: Tom Kensok, Misdemeanor Team Supervisor
SUBJECT: Joseph David Tiedje
DOB: 03/16/1966
DATE: 01/23/2007
A review of our records show no criminal complaint was issued against the above
noted individual based on the incident described in Sheriff's Office Report
Number 06-17178, occurring on 07/01/2006.
Tom ensok, Misdemagor Team Supervisor/tb
Central-Eastern Operations (92 5) 646-2625
10 Douglas Drive, Suite 130 FAX (925) 646-2524
Martinez, California 94553-4078
RELEASE AND PROMISE TO APPEAR LIBERTAD Y PROMESA A PRESENTARSE DE.
FROM CONTRA COSTA COUNTY DETENTION LA FACILIDAD DE DETENC16N DE_ L CONTADO-' r<<
FACILITY DE CONTRA COSTA
(Penal Code Section 853) (C6digo Penal Secci6n 853).. ,
The People of the State of California ) F =` vt La Gente del Estado de California )
j vs. en contra de )
Booking No. x % '° J! ,` '' ' No. de Registro(Bkg. No.)
Warrant No.'s No. de Coprobante(s)(Wmt.'No.'s)
In consideration of being released from custody,I hereby agree: En consideraci6n de ser libertado, yo estoy de acuerdo de:
1. That I will appear at the: 1. Yo me presentare al
❑ Walnut Creek Superior Court located at 640 ❑ Juzgado Superior de Walnut Creek, 640 Ygnacio.
Ygnacio Valley Road,Walnut Creek Valley Road,Walnut Creek
❑ Bay Superior Court located at 100'-37th Street, ❑ Juzgado Superior de Bay, 100'-37th Street,
Richmond Richmond
❑ Mt. Diablo Superior Court located at 1010 Ward ❑ Juzgado Superior de Mt. Diablo, 1010.Ward,
Street, Martinez Street, Martinez
Delta Superior Court located at 45 Civic Avenue, ❑ Juzgado Superior de Delta, 45 Civic Drive, .
Pittsburg Pittsburg
❑ Other Court: ❑ Otro Corte: �.. .
ES
DATE TIME FECHA TIEMPO
on the charge of violating Section(s) `,: .. 4 `'a`_ en el cargo de violando secci6n(s)
_
I+ of the'Ealifomia-Pena!Xebicle..G . del C6digo Penal/del'Camino.:
'• . .. _: ,.._z .-,w:u C.=:
fit, de California.
2. That if I fait to appear and am apprehended outside the
State of California, I waive extradition. 2. Si yo Milo de presentarme y me aprenden afuera.del
Estado de California, yo renuncio a una extradici6n.
3. 1 understand that any court or magistrate of competent
jurisdiction may revoke this order of release anis either 3. Yo comprendo que cualquier corte o majistrado de
return me to custody or require that I give bail or other jurisdicci6n competente puede renoquar esta orden:de,
assurance for my appearance. libertad,y puende regresarme a custodia o requirir.que yo...-. s
de fianza o orta seguridad para mi presentaci6n.
4. 1 further understand that if I fail to appear when required
to do so that I may be charged with the additional crime of 4. Yo tal vez comprendo que si yo fallo de presentarme
a misdemeanor under Section 1320Aofthe California Penal cuando requiren, que me pueden cobrar con el crimen
adicional de un delito menor bajo la Secci6n-1320a.'del.• -1:-
Code. Codigo Penal de California.
DEFENDANT
(Signature) DEMANDADO
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Date 11
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Fecha Direccion
City&Phone '_:r, r
Ciudad y Telefono
FORM COMPLETED BY I f-EMPLOYEE#
FORM COMPLETED BY EMPLOYEE#
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ry hng Agency; 9:
DET 010:FRM Rev.319.9/01 DET 010:FRM Rev.
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Fax(925)684 2184 P O Box 2169, Bethel Island, CA 94511 2.' Ph (925)684 2183
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Name of 1. Power Sall ❑ How contacted F ❑ Phone, ❑CG;s`?[ ;i;;>;° ;t
Vessel ❑ Vlsuai p BUS Disatch ❑ Other
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Credit Card# W' > Exp:;Date ; Towboat Used: 3
Vessel Assist Bo U . ...--�^ Towboat's Location '
Member# Level Date.: when contacted ,ti t{r . :;;.•::
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DECRIPTION OF SERVICES
BASIS FOR CHARGES 'RATE$,TIME SPENT,ETC j }- AMOUNT
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( f3N �+ Releaseofhabtlitya � '� invoice
1%We hereby agree to3wdvt., 1 wino of ony.iurtd of natuie whauocve !ducting without hnawron clwmsror damageto the vessel-.its ; It r.
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.- gppunenancei,fumt ,ng ,Alter nrtrcles ar nature and:for Pen°"°t:l^Jury a death ag nss Yachting Spec clues,Ina P"V S angpi as of of *
Directors,emjloyees sharehdders affiliates,ngeriu and contrnetora,rilated iii any,mannerto the seivrces provided'.liereuader-.In mnstdera[on of the - :• - r
related cha s otherfor.memberslu .orothcrwix:'thcllrabih sof Yachtin S rdues,_IncaBoatU:S for such loss dams e,i or:death,shalI n;: Membership _
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ell events be limited to 52;50000 For death pens m9 lnprry midhtir proP�rty damage Vwcagree to mdemmfy hoid'�hartnless anA defend 1'ochting Spec aloes, �. .. 1
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lac.against All awms made by persons:abwrd[hc;ytssd for ptopeny„i>amaBa loss,personal!Jury:and for deutlt which:otherwise would be wwyedr released t
or limned hereunder if brought by melus.UWe fuiilier agree topoy for all'sem SCCprovided for heregnder wntioui offset of deduction at rile time of billing
;regardless of:the result or outcome of�services proyidW If IJWe;faii to pay any invoice when due iJwe:agree to pay;a into charge of ISA.per mooth('Ai6�per ,.,r -
urchase
annum)or rile maximum charge allowed 1 y law which every;less and aw'l' lI agree to say agomey s fees wail'costs related to any cunvoversy or claim t z I
:.ansmg of or rclaung to this Agn:ement'and rn the.event)t becomes nacessary:a arrest or�otherwtae seize swd vessel the undeisigimd agrees io pay attcasis
Total:
of such anesi Contmvejsy or claims that may ansr:fmm but not limited to this agreemeal ahallAbe seined by The Manume Ai$itrationAssociazionof the Rmount.bllled
United Statti rn ai—:.once with its riilcs,nail Judgment m the award may be entered in any Doan hanng Junsdici�on thercd:The parties uridemarid':thai _ -a t'
They are waiving any ngfit to tnal pyrJury ::n '_, _ A;. ..aO,BOatUlS' -•ai
BALANCE PAID ❑Cash Rcvd .By U Check# :' = ❑.dieaat Card Balance;ooed
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Boat Owner ❑ Operator❑ :to Boater: ',
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While to billin service` Yellow fo Contractor Plnkao boat Owner/Operator ,1',
i ti
PARKER • STANBURY LLP
ATTORNEYS AT LAW
DOUGLASS H.MORI ALAN G.SEIMS MICHAEL COMPTON GLENN M.HABAS
JOHN D.BARRETT.JR.• YVONNE E.MARTINEZ 444 SOUTH FLOWER STREET MARY V.ASSAD GEORGANN CARMAN
ROBERT W.LOP.RESTIGEORGEA.HUNLOCKMICHAELJ.FRIEDMAN CHRISTOPHER J.THOMAS
RONALDL.SMITH CHRISTOPHER R.KELLEY NINETEENTH FLOOR DANAC.GIOVINE MARI N.CARELLA
TIMOTHY D.LUCAS• ALEX L.SHIA 205 ANGELESCA 90071-2901 MATHEW L.MAY MICHAEL J.CRUSH
,
J-LUIS GARCIA B.PETER LEE PATRICK M.HEVESY VALERIE L.HANNA
MICHAEL E.MCCABE TAMARA A.HAGGSTROM CHRISTOPHER 1.MERRILL WILLIAM M.PAO
MARY ANNE FORAN MARCUS BASTIDA TELEPHONE(213)6225124 ALAN B.SHEATS REGINO M.VALENZUELA
MATTHEW T.SALABEN ANTHONY W.JANSING FAX(213)622,4858 ALLA TENINA ARMANDO M.GALVAN
CHRISTOPHER M.MOEN EDWARD C.JACOBS 11 FELICIA EDELMAN JOEL O.MARTINEZ
MATTHEW W.DAVIS MARK E.STENSON E-MAIL:LA@PARKSTAN.COM ELIZABETH UNRATH TIEN H.LE
REYNALDO C.SANTOS THERESA J.CARROLL JOHN E REDO MICHAEL S.KANG
MOJDEH ZAMANI ROSEMARIE MERRILL MARK A-CORDON BENJAMIN J.JESUDASSON
JOYCE D.KIM DAVID C.LANE MANAGING PARTNER NELSON J.SCHWARTZ MICHAEL O.EVNtN
DAVID E.COWAN TAMARA R.DENNIS ROBERT W.LOPRESTI JEFFH.GREEN ANTONIO T.HICKS
MICHAEL D.ROUNTREE DONALD G.FURNESS KRISTEN J.LIEU
•MEMBER OF AMERICAN BOARD OF TRIAL ADVOCATES January 30, 2007
THOMASL-WADDELL.OF COUNSEL
HARRY D.PARKER(1 B9 t-1976)
RAYMOND G.STANBURY(19041966)
Contra Costa County Sheriff
210 O'Hara Avenue
Oakley, CA 94561
Vessel Assist
Yachting Specialties, Inc.
P.O. Box 2169
Bethel Island, CA 94511-2169
To Whom It May Concern: Re: Joseph David Tiedje
Refund Demand
Tow Date: 07/01/2006
Sheriff's Office Report#: 06-17178
Our File No.: 1729195
Please be advised that Mr. Joseph Tiedje has contacted our law offices in connection with the
unlawful towing of his jet ski, and the unnecessary and excessive fees he had to pay for the
crelease of his jet ski. We have reviewed the facts and have advised Mr. Tiedje of his legal
frights and remedies. This letter serves as Mr. Tiedje's good faith attempt to resolve this
mater amicably and to avoid formal legal actions.
According to Mr. Tiedje, on July 1, 2006, he was wrongfully accused of Boating Under the
influence (BUI). Mr. Tiedje has always denied the allegations and has maintained his
innocence. Without proper investigation into this mater, Mr. Tiedje's Jet Ski was towed
away by Vessel Assist and per Sheriff instruction. Mr. Tiedje had to pay $830.00 to get his
jet ski released to him (see attached).
It turns out no criminal charges were ever brought against Mr. Tiedje for the alleged "BUI."
This confirms the fact that Mr. Tiedje was innocent and that the allegations against him were
false, and unfounded. His Jet Ski should never have been towed away and the amount of
money charged by Vessel Assist was unreasonably high when in fact, the Jet Ski should
never have been towed at all. This incident violates Mr. Tiedje's constitutional rights and is
deemed an unlawful taking.
ORANGE COUNTY SAN SFR14ARDINO SAN DIEGO SACRAMENTO
200 WEST SANTA ANA BOULEVARD 306 WEST SECOND STREET 3131 CAMINO DEL RIO NORTH 777 CAMPUS COMMONS ROAD
SANTA ANA 92701.7502 SAN BERNARDINO 92401.1805 SAN DIEGO 921085708 SACRAMENTO 958258309
(714)547.7103 (909)8841236 (6 19)528.1259 (916)5657651
FAX(714)547-3428 FAX(909)888.7876 FAX(619)52&1419 FAX(916)928-0448
\\psserver2\data$\_Wpd_\Attolmeys\Moji Zamani\LETTER TEMPLATES-USE\my form letter.doc
January 30, 2007
Page 2
With this letter, demand is hereby made that this matter be properly investigated and that a
full and complete refund be issued to Mr. Tiedje for the entire amount of tow and storage
cost charged for this matter. The towing of this Jet Ski was not only unconstitutional, but
was done maliciously and in bad faith and the fees for the release of the property were highly
excessive.
We hereby give you full permission to contact Mr. Tiedje directly to resolve this matter
informally. Mr. Tiedje may be reached at 805 Summer Cir., Brentwood, CA 94513
Nothing in this letter should be construed as a waiver of any of Mr. Tiedje's rights or
remedies in this matter, all of which he expressly reserves.
Please be advised that this letter is written pursuant to California Evidence Code § 1152, and
any and all information and documentation submitted herein is for the purposes of settlement
only, and nothing contained herein may be utilized in the subject proceeding.
Thank you for your anticipated cooperation
Very truly yours,
PARKER STANBURY LLP
- 7 ? �,-
By
MODJEH ZAMANI-,.
cc: Joseph Tiedje
Enclosure
\\psserver2\data$\_wpd_\Attomeys\Moji Zamani\LETFER TEMPLATES-USE\my form letter.do6me
Page 1 of 2
Subj: SFGate:Going to Canada?Check your past/Tourists with minor criminal records turned back at border
Date: 2/26/2007 8:09:13 P.M. Pacific Standard Time
From: atiedie@yahoo.com
To: jdtied�je@aoLcom
This article was sent to you by someone who found it on SFGate.
The original article can be found on SFGate.com here:
http://www.sfgate.comfegi-bin/artide.ogi?file=/ct&2007/02/23/M NGCA09NSS I.DTL
Friday, February 23, 2007(SF Chronicle)
Going to Canada?Check your past/Tourists with minor criminal records turned back at border
C.W. Nevius
There was a time not long ago when a trip across the border from the
United States to Canada was accomplished with a wink and a wave of a
driver's license. Those days are over.
Take the case of 55-year-old Lake Tahoe resident Greg Felsch. Stopped at
the border in Vancouver this month at the start of a planned five-day ski
trip, he was sent back to the United States because of a DUI conviction
seven years ago. Not that he had any idea what was going on when he was
told at customs:"Your next stop is immigration."
Felsch was ushered into a room. 'There must have been 75 people in line,"
he says. "We were there for three hours. One woman was in tears.A guy was
sent back for having a medical marijuana card. I felt like a felon with an
ankle bracelet"
Or ask the well-to-do East Bay couple who flew to British Columbia this
month for an eight-day ski vacation at the famed Whistler Chateau,where
rooms run to$500 a night. They'd made the trip many times, but were
surprised at the border to be told that the husband would have to report
to"secondary"immigration.
There, in a room he estimates was filled with 60 other concerned
travelers, he was told he was"a person who was inadmissible to Canada."
The problem?A conviction for marijuana possession.
In 1975.
Welcome to the new world of border security. Unsuspecting Americans are
turning up at the Canadian border expecting clear sailing, only to find
that their past—sometimes their distant past—is suddenly an issue.
While Canada officially has bared travelers convicted of criminal
offenses for years, attorneys say post-9/11 information-gathering,
combined with a sweeping agreement between Canada and the United States to
share data, has resulted in a spike in phone calls from concerned
travelers.
They are shocked to hear that the sins of their youth might keep them out
of Canada. But what they don't know is that this is just the beginning.
Soon other nations will be able to look into your past when you want to
travel there.
"It's completely ridiculous,"said Chris Cannon, an attorney representing
the East Bay couple,who asked that their names not be used because they
don't want their kids to know about the pot rap."It's a disaster. 1 mean,
who didn't smoke pot in the'70s?"
We're about to find out And don't think you are in the clear if you never
inhaled. Ever get nabbed for a DUI? How about shoplifting?Tum around.
You aren't getting in.
"From the time that you tum 18, everything is in the system,"says Lucy
Perillo,whose Canada Border Crossing Service in Winnipeg, Manitoba, helps
Americans get into the country.
Canadian attorney David Lesperance, an expert on customs and immigration,
says he had a client who was involved in a fraternity prank 20 years ago.
He was on a scavenger hunt,and the assignment was to steal something from
a Piggiy Wiggly supermarket. He got caught, paid a small fine and was
Monday,February 26,2007 America Online: JDTiedje
Page 2 of 2
�ardered to sweep the police station parking lot.
He thought it was all forgotten.And it was, until he tried to cross the
border.
The official word from the Canadian Border Services Agency is that this is
nothing more than business as usual. Spokesman Derek Mellon gets a little
huffy when asked why the border has become so strict.
"I think it is important to understand that you are entering another
country,"Mellon says."You are not crossing the stmt."
OK, but something changed here, didn't it?
"People say, 'I've been going to Canada for 20 years and never had a
problem,'"Lesperance says."Its classic. l say, Well, you've been
getting away with it for 20 years.'"
A prior record has always made it difficult to cross the border.What you
probably didn't know was that, as the Canadian Consulate's Web site says,
"Driving while under the influence of alcohol is regarded as an extremely
serious offense in Canada."
So it isn't as if rules have stiffened. But what has changed is the way
the information is gathered. In the wake of 9111, Canada and the United
States formed a partnership that has dramatically increased what
Lesperance calls"the data mining"system at the border.
The Smart Border Action Plan,as it is known,combines Canadian
intelligence with extensive U.S. Homeland Security information. The
partnership began in 2002, but it wasn't until recently that the system
was refined.
"They can call up anything that your state trooper in Iowa can,"
Lesperance says."As Canadians and Americans have begun cooperating,all
those indiscretions from the'60s are going to come back and haunt us."
Now,there's a scary thought. But the irony of the East Bay couple's
situation is inescapable. Since their rowdy days in the 70s,they have
created and sold a publishing company, purchased extensive real estate
holdings and own a$3 million getaway home in Lake Tahoe.
"We've done pretty well since those days,"she says. "But what I wonder is
how many other people might be affected."
The Canadian Bonier Services Agency says its statistics don't show an
increase in the number of travelers turned back. But Cannon says that's
because the"data mining"has just begun to pick up momentum.
"it is too new to say,"he says. "Put it this way. I am one lawyer in San
Francisco, and I've had four of these cases in the last two years,two
since January.And remember,a lot of people don't want to talk about it
(because of embarrassment)."
Asked if there were more cases, attomey Lesperance was emphatic.
"Oh,yeah,"he says."Just the number of calls I get has gone up. If we
factor in the greater ability to discover these cases, it is just
mathematically logical that we are going to see more."
The lesson, the attorneys say, is that if you must travel to Canada, you
should apply for"a Minister's Approval of Rehabilitation"to wipe the
record clear.
Oh,and by the way, if you don't need to travel to Canada,don't think you
won't need to clear your record. Lesperance says it is just a matter of
time before agreements are signed with governments in destinations like
Japan, Indonesia and Europe.
'This,"Lesperance says, "is just the edge of the wedge."
Who would have thought a single,crazy night in college would follow you
around the world?
Rules for getting into Canada
For more information on offenses that prohibit entry to Canada, go to the
Canadian Consulate's Web site at
geo.intemational.gc.ca/can-am/seattle/visasfinadmissible-en.asp.
For more information on visiting Canada,go to cic.gc.ca.
C.W. Nevius'column appears regularly. His blog, C.W. Nevius.blog, can be
found at SFGate.com. E-mail him at cwnevius@sfchronicle.com.
Copyright 2007 SF Chronicle
Monday,February 26,2007 America Online:JDTiedje
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