Border agents recently observed a group of people allegedly smug-
gling drugs across the border— by catapult.
U.S. Border Patrol agents were operating a video surveillance system near Naco, Arizona, when they observed an unusual structure. It
turned out to be a large catapult and a group of people were allegedly
preparing to launch drugs over the border with the device. The border
agents contacted Mexican authorities, who disrupted the attempt and
seized 45 lbs. of marijuana, according to TucsonSentinel.com.
Drug smuggling appears to have reached a new high. — Natalie Fraser
Lawddities
Legal Oddities in (Blank) Law
The case of the cannabis catapult
TANDEMICH / DREAMS TIME.COM
Butterworths®
Occupational Health & Safety –
Theory, Strategy & Industry Practice,
2nd Edition
Dianne E.G. Dyck, R.N., B.N., M.Sc., COHN(C), CRSP, ASSE
Lawddities New Edition!
Lawddities
$150 + tax
Approx. 1,100 Pages | Softcover
June 2011 | ISBN: 9780433465591
Keep Workers Mentally and Physically Safe — It’s the Law
(final)
As occupational health and safety (OH&S) legislation continues to
evolve in response to workplace disasters, employers face greater
expectations to provide a safe and healthy workplace. Employers
must also cope with a host of new workplace hazards — workplace
violence, terrorism, bomb threats, emerging illnesses (SARS, H1N1
flu, stress-related illnesses), plus emerging chemicals and hazardous
agents. When infractions occur, many stakeholders, including the
OH&S practitioner, may be held criminally liable.
Occupational Health & Safety – Theory, Strategy & Industry
Practice, 2nd Edition brings together an international and
multi-disciplinary team of authors led by Dianne E.G. Dyck, an
Occupational Health and Safety Specialist. The 34 chapters
contained in this book, equip OH&S practitioners with the
information and tools needed to practise ethically, legally, and
competently.
Order Today! Take advantage of the 30-Day Risk-Free† Examination.
Visit www.lexisnexis.ca/bookstore or call 1-800-668-6481
Please quote Reservation Code 3306 when ordering.
† Pre-payment required for first-time purchasers.
Price and other details are subject to change without notice. We pay shipping and handling if payment
accompanies order.
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under
licence. Butterworths is a registered trademark of Reed Elsevier (U.K.) Limited and its affiliated companies. Other
products or services may be trademarks or registered trademarks of their respective companies. © 2011 LexisNexis
Canada Inc. All rights reserved.
B-1
Continued From Page 14
to his country of origin after his
services had been rendered. He
was found to be eligible for B-1
entry by the Board of Immigration Appeals.
Contrast this result with that of
Matter of Neil, where a professional engineer for a Canadian
firm regularly solicited business in
the U.S. and rendered consulting
services to the firm’s U.S. customers. The Board of Immigration
Appeals held the foreign national’s
activities went beyond activities
incidental to international trade
and so the foreign national was
not permitted to enter the U.S.
under B-1 status.
These contrasting decisions
suggest the following conclusions
regarding the qualification of B-1
business travellers:
n;The foreign national’s stay in
the U.S. must be temporary in
nature (i.e. only as long as needed
to fulfill his or her business travel
purpose);
n;The foreign national must
have the intent to return home
after the purpose of the B-1 visit
is completed;
n;The principal place of business for the foreign national
must be abroad;
n;The foreign national must not
receive any direct remuneration
from a U.S. source; and
n;The foreign national’s employment and purpose of his or her
U.S. visit must be a necessary incident of international trade or
commerce.
If the purpose of your client’s
visit meets these basic criteria, he
or she may be an eligible B-1 vis-
itor to the U.S.
The B-1 visa may be used in
lieu of other visa categories,
Depending on your client’s
nationality, he or she may have
different options on how to apply
for the B-1 visa. For instance,
Canadians are visa exempt under
this category thanks to the North
American Free Trade Agreement.
All Canadian applicants can
therefore apply for this status at
the port of entry they decide to
use to enter the U.S. and the U.S.
Customs and Border Protection
Agency will adjudicate these
applications at the time of
intended entry.
Mark Belanger is a member of
the British Columbia and Wash-
ington State Bar associations, in
addition to the Washington State
Association for Justice (WSAJ),
Canadian Bar Association (CBA)
and American Immigration Law-
yers’ Association (AILA). He is
associate counsel at Cross Border
Law, practising in both Van-
couver and Washington State.
We want to hear from you!
Email us at: tlw@lexisnexis.ca
‘No convenient, authoritative means of checking’ list
Corrupt
Continued From Page 15
priation of state funds by repres-
sive foreign leaders.
“The legislation allows Canada
to act upon the request of a for-
eign state to temporarily freeze
assets that these former leaders
and their entourage have placed
in Canada,” he said. “This new
legal tool enables Canada to fight
corruption and support demo-
cratic reforms and accountability
by ensuring that we can freeze
any misappropriated property
when the authorities of a foreign
state ask us to do so.”
The legislation applies to any
person in Canada or Canadian
outside Canada with specific sec-
tors listed in s. 8 of the Act. These
include banks, trust companies,
loan companies and securities
firms, said Shinfield. There is,
however, an exclusion mechan-
ism available under permits
issued by the minister.
Willful contravention of the
legislation can result in a maximum fine on summary conviction of $25,000 or five years
imprisonment.
Barbara Cox, vice-president
and chief anti-money laundering
officer for BMO Financial Group,
told The Lawyers Weekly the legislation is similar to already existing
sanctions legislation. What’s different, she said, is the trigger.
Cox said the requirements of
the legislation itself are not
unique and, indeed FACFAO
lifts language from other legislation. But prior to FACFAO, she
said, there was a lack of a trigger
that would require the freezing
of assets of designated PEPS in
cases like Tunisia or Egypt,
where there was no UN resolution or international body
requesting the regulations.
“The [government] put it
through in record time,” Cox said.
“It’s pretty simple legislation. It
imposes an ongoing duty to deter-
mine if you are holding property
for the named people and requir-
ing you to refrain from dealing
with that property.”
“The Governor in Council
must satisfy itself that these indi-
viduals are PEPs before they can
be designated,” she said. “The
concept of PEPS is not new at all
as it’s embodied in federal money
laundering legislation. As a result,
financial institutions may have
already had these individuals on
their radar.”
However, she cautions, there is
an onus on counsel and compli-
ance officers to ensure they are up
to date with the list to see who has
been added or dropped off.
We want to hear from you!
Email us at: tlw@lexisnexis.ca
