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Report Pertaining to the Interaction of the CBSA With Robert Dziekanski on October 13-14, 2007.
Purpose
This is a report of the administrative review of the CBSA’s interaction with Mr. Dziekanski and the Agency’s practices. The Minister of Public Safety requested this review so that immediate action could be taken.
Facts
On Saturday, October 13, 2007, Robert Dziekanski, a citizen of Poland, arrived at Vancouver International Airport (YVR) at 15:20 hrs. on a flight from Frankfurt.
- Primary Inspection
Electronic records indicate that Mr. Dziekanski was processed through the primary inspection line (PIL) at 16:09 hrs. The Border Services Officer (BSO) at the PIL referred him for a secondary examination. It is standard procedure to refer newly arriving immigrants for both immigration and customs secondary examinations to process immigration documents and to determine if goods are to follow at a later date. In this case, there was also a need to refer due to the language barrier during primary processing.
- Secondary Inspection
Surveillance footage shows Mr. Dziekanski proceeding to the immigration secondary area immediately after being processed at the PIL. Further footage shows that for unknown reasons, Mr. Dziekanski did not enter the immigration area but proceeded to the carousel/baggage area. This area is the approximate size of two football fields. It may be filled with hundreds of people at any given time. Approximately 4,000 people went through this area during the time Mr. Dziekanski was there.
It appears that he remained in the CBSA hall between the time of his arrival and his report to customs secondary. There are many reasons why passengers may not leave the CBSA hall immediately after their arrival at YVR. These include:
- Waiting for delayed luggage that may be arriving on a subsequent flight.
- Waiting for family members or friends who have been referred to immigration for further processing
- Waiting for passengers on subsequent flights.
- Waiting to have documents faxed or information confirmed from overseas embassies and/or offices.
At approximately 22:40 hrs. Mr. Dziekanski tried to exit the CBSA hall. At that point a CBSA officer advised him he needed to go to secondary and directed him towards that area. His goods were cleared without incident and he was escorted to the immigration secondary area for processing of his documentation for landing.
Mr. Dziekanski spoke little or no English and a Polish interpreter was not readily available. To facilitate the immigration examination, a BSO with some limited knowledge of the Polish language assisted. Mr. Dziekanski then confirmed the information on the documentation and answered all questions posed to him.
In processing persons seeking entry to Canada to become permanent residents, it is not unusual that officers deal with travellers who are limited by their language skills. BSOs utilize a variety of methods, as the questions asked are minimal in number and very basic. Some of these methods include but are not limited to the use of Internet translation tools, pre-translated questions sheets, gestures and various language skills of BSOs.
To assist Mr. Dziekanski and with his knowledge, a BSO paged the public area at approximately 23:30 hrs to determine if anyone was present at the airport to meet the traveller. There was no answer to the page. The officer also left a telephone message for Mr. Dziekanski’s family at their residence. Having completed the secondary immigration processing, Mr. Dziekanski was told that he was free to leave. He remained in the area and sat on one of the chairs for approximately 30 minutes. He was subsequently approached by a CBSA officer who confirmed that he was free to go and escorted him to the exit.
Based on reports from the officers who interacted with the traveller that evening, Mr. Dziekanski did not ask any of the BSOs for assistance during the time he was waiting in the CBSA area. Mr. Dziekanski was given several glasses of water while he was in the secondary processing area. All officers who interacted with the traveller did not observe, in their opinion, behaviour which would raise any concerns.
- Contact with Family Members
The traveller’s stepfather contacted the CBSA secondary area at approximately 19:00 hrs to inquire about Mr. Dziekanski. When asked if the traveller was in fact aboard the expected flight, the stepfather stated that he could not confirm this. A visual scan of the immigration secondary area was done as well as a verification of the names of persons being detained. The stepfather was advised that the CBSA did not observe anyone in the immigration secondary area that fit the description of the traveller. The officer did confirm with the caller that the traveller knew the cellular telephone number of his mother.
At approximately 02:10 hrs on October 14, 2007, Mr. Dziekanski’s mother called CBSA. Unaware of the status of Mr. Dziekanski, the officer advised her that he had seen her son earlier in the evening and that Mr. Dziekanski had left the CBSA area.
Videotape Review
Reviews of internal videotaped footage of the area have been conducted. The cameras in the baggage carousel area do not have full viewing range of that area. These reviews of the videotape revealed 2 brief, explicit shots of Mr. Dziekanski.
CBSA Policy and Processes
The CBSA is responsible for ensuring the general security of the CBSA hall. The YVR Airport Authority (YVRAA) also has responsibility for various areas in the arrivals area (e.g. airline service desks, lost luggage areas, baggage carousels).
The CBSA has roving officers in the baggage area who speak to waiting passengers. YVRAA security personnel are located at various points at the PIL to ensure unauthorized persons are not entering the secure area (e.g. not re-entering the pre-primary inspection line area from the post-primary area). Additionally, there are other YVRAA security personnel who are stationed at the exit doors. It should be noted that travellers who are lost or ill can ask for assistance from one of the many authorized persons in the CBSA hall. Virtually all of the CBSA officers at YVR have received first aid training and can and do render assistance to members of the travelling public in emergency situations.
In addition to YVRAA security personnel and CBSA employees, other employees are also authorized to enter the area and provide assistance to passengers. These include contracted interpreters, airline representatives, baggage handlers and volunteers who assist in directing passengers to the exit.
The Way Forward
The CBSA at Vancouver International Airport will continue to cooperate with ongoing investigations.
The CBSA has undertaken an administrative review which has resulted in the following immediate steps. They will be implemented at Vancouver International Airport and at other international airports in Canada as appropriate. The Agency will be guided also by the conclusions and recommendations flowing from other investigations into this matter.
The immediate actions are the following:
- The CBSA, along with other partners such as the Vancouver International Airport Authority, will review services provided for international travellers and those waiting to meet them.
- The CBSA will update its list of employees who can speak languages other than English and French. The CBSA will also review their interpreter services to make sure they are provided as quickly as possible.
- More cameras will be installed to provide an expanded coverage of the CBSA's area at the Vancouver International Airport.
- The Agency will explore options to have more patrols and security checks within the CBSA's area.
- The CBSA will review its procedure to ensure that all persons referred for further examinations report to the secondary examination areas within a reasonable amount of time.
