RELEASED UNDER THE ACCESS TO INFORMATION ACT DIVULGUE SOUS LALOIDE LACES A L'BRGRIVATON Fachnie, Catheren From: Nesbitt, Sharon Sent: March 10, 2011 11:03 AM To: Babakaiff, Chris Subject: RE: Feb 20, 2011: $-282 Attachments: S-282 Reply letter.pdf, $282-1 _Analysis.doc; $282 - Complaint Monitoring_Follow Up.doc, $282 - Due Mar- 11) -CFN 2011 01 3562.PDF Hi Chris, ‘Attached is the original complaint, the response letter sent to | ‘egarding his complaints about officer conduct issues upon his return to reside in Canada on Jan 1, 2011, the analysis and, a Complaint Monitoring_ Follow-Up document. To close the loop on the complaint, would you and the BSOs please review the complete file, sign the Complaint Monitoring Follow-Up document and fax it back to me? (I realize is not available to sign however both ‘and provided reports on this fle) Please be sure to include any additional comments on the Complaint Monitoring_ Follow-Up form from yourself or the BSOs, that any of you would like to have on file. Thanks, Sharon From: Nesbitt, Sharon Sent: January 13, 2011 2:35 PM To: Babakaiff, Chris Ce: Lee, Glyn; Profil, Alan Subject: Feb 20, 2011: S-282 Hello Chris, | believe this traveller sent you a copy of this letter earlier this week. The purpose of this e-mail to formalize the complaint response process. identifies the officer who dealt with him in the office as MD 21344. According to the badge log, badge number 's issued to The letter also complains about the officer who entered horse trailer to inspect the horse he was bringing in but no badge number is provided. Would you and the two BSOs as well as any other officer on duty who has knowledge or was witness to this client's dealings at the port on January 1, 2011 please provide reports and notes back to me by February 28, 2011? I'm attaching a TIPS document that the officers can use when completing their report. The allegations include: 1 says he was returning to Canada to live, on January 2011, at 23:30 hours, (he moved to the US 1996) and when he was referred into the office, the officer who dealt with him ‘was hostile, rude, accusing and unrespectful (sic). Identified as Officer 2 says that he was asked to estimate the value of everything he was bringing back with him, including the clothes on his back. 3 says that officer ndicated to him that he needed to place a value on his truck ‘and it he under-estimated the value, it would be an offence. He says he asked the officer to assist him in determining the trucks fair market value as it appeared she had the means to research the value at which point the officer said that is was his problem and smiled at him, adding that he would be in big trouble if he underestimated the value. 4 says that the officer reviewed the veterinary papers for the horse he was importing and said with a smile, “looks like we will nave to detain your horse as you have to prove the horse has not been in two certain states. A further check of the papers showed the horse had not been through the states identified with FPA concems and the officer appeared disappointed at this. 2012-06-18"RELEASED UNDER THE ACCESS TOINFORMATION ACT = DIVULGUE SOUS LALO! DE LACES A INFORMATION Page 2 of 4 5 says that a second officer entered his horse trailer to inspect the horse's well being and once in the trailer began making sounds at the horse and that his girifriend asked the officer to not make the sounds as it may upset the horse. He says that the officer replied in a rude and threatening tone, telling the girlfriend not to tell her what to do and that she knows all about horses. 6 ‘says that both officers accused him and his girlfriend of not taking proper care of their horse. 7. says the officer aggressively questioned him, several times, about bringing in firearms and he responaea in the negative but no one ever checked his vehicle. 8 alleges the officers were looking for any reasons to detain him and his girlfriend or their horse ut never once looked through their truck, trailer or possessions and that they were there for over an hour, they were the only people in the port office and the officers appeared to be bored and passing the night away quicker by harassing them for no good reason 9 alleges the officers appeared to be inexperienced and not well trained, ‘Also, would you please provide the following if applicable: 1, Please canvass the staff and advise me of other persons who may have knowledge of the examination(s), was witness to or overheard the examination(s) or was in any way directly or indirectly involved in the examination(s). According to ICES, the primary officer who processed anJan 2011, was Please make a photocopy of any receipts, notes/note book entries (for all staff involved for the date in question) and forward to my attention asap, Please provide all officers’ badge numbers, years of service, indeterminate or term (for those officers involved) and whether or not the behaviour alleged in the letter against the BSO(s) is inconsistent or consistent with past history you have observed of them while performing their duties, Thanks, Sharon From: Lal, Charlene Sent: January 13, 2011 11:09 AM To: Nesbitt, Sharon Ce: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Subject: FW: $-282 (Due Mar 2011) ee, ChristineS; Rathgeber, Tammy Hi Sharon, Further to our conversation...here’s formal complaint...thx! From: Lee, ChristineS Sent: January 13, 2011 10:57 AM To: Nesbitt, Sharon; Lal, Charlene Ce: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Rathgeber, Tammy Subject: S-282 (Due Mar- 2011) Hi Charlene, Regional file logged as S-282. It was originally assigned to Sharon Name: Port of Entry: Osoyoos Cross reference: 2012-06-18DIVULGUE SOUS LA LOIDE LIACCES A LAEORMAFION Description of Issue olaims he was harassed by hostile, disrespectful and inexperienced border agents at Osoyoos Task to be completed: Draft response letter for Blake's signature Due date for first contact to client: Jan- 2014 Due date for response to client: Mar 2014 Thank you, Christine S. Lee Amiristrative Assistan/Adjointe Administrative ROG's office, Pacific ReglonBureau du DGR, region du pacthe Canada Bordee Services Agency | Agence des services frontaies du Canada Vancouver, BC VEB SR Christine lee@ebsa-ast.ge.ca Felephone [Taephone (04) 686-0760 Facile | Telécepieu (608) 668-2825 Toletypowrter | Teleimprimeur 1-888-395-9257 Government of Canada | Gouvernement du Canada From: Nesbitt, Sharon Sent: January 11, 2011 11:50 AM To: Nesbitt, Sharon; Lal, Charlene Ce: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Truong, Sonia; Lee, ChristineS Subject: RE: RDG260 - complaint ( Due on: February 2011 Unfortunately, this file has now become a formal complaint. The attached e-mail has the traveller's account of his dealings at Osoyoos on Januar, ‘011 The officer mentioned is, Thanks, Sharon From: Nesbitt, Sharon Sent: January 10, 2011 10:53 AM To: Lal, Charlene Ce: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Truong, Sonia Subject: RE: RDG260 - complaint ( Due on: Februar 2011 ‘This file can be closed. | sent the traveller the attached e-mail providing him with the contact information he requested Thanks, Sharon, 2012-06-18DIVULGUE SOUS LA LOI DE ACCES A LINFORMATION Page 4 of 4 From: Lal, Charlene Sent: January 6, 2011 4:10 PM To: Nesbitt, Sharon Ce: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Truong, Sonia Subject: FW: RDG260 - complaint Due on: February 2011 Hi Sharon, Please action...thanks! From: Truong, Sonia Sent: January'5, 2011 2:55 PM To: Lal, Charlene Cc: PAC-Vancouver-333Dunsmuir, Program Services Reporting Subject: RDG260 - complaint ( Due on: February © 2011 Please assign this RDG Email Complaint request: Complainant: Port: Osoyoos Category: Other Issue: | wishes to attain a contact information for the supervisor at Osoyoos POE. ‘Task: Contact client directly with information. Once completed, please let Sonia know so that she can close the file with Ops. Due: February 2011 Date of incident: ? Date client wrote email: January 2011 ‘Thanks, Sonia Truong (604) 666-8638 From: Sent: January 4, 2011 2:54 PM To: CBSA-ASFC_RDGO-BDGR-PAC Ce: Subject: complaint | would like to make a complaint re: crossing the border at OSOYOOS B.C border crossing. | would like to talk with the superviser at that port. How can I contact them? Thankyou, 2012-06-18RELEASED UNDER THE ACCESS TO INFORMATION ACT DIVULGUE SOUS LA LOI DE L'ACCES A LINFORMATION Complaint Monitoring — Okanagan and Kootenay District Date Complaint Received Incident Date Tan-2011 Jan-2011 Date Forwarded to Adjudications N/A File No, $282 Discussed _wiOfficer | Chief Profi N/A S Superintendent Babakaiff Yes Jan-2011 Comments: Invalid Reviewed Final — Analysis t = Chief Profili | Yes (by e-mail) 1 Mar-2011 Superintendent Babakaiff Not available Once reviewed by BSO — please return this page to District Regional Program Officer by faxing to: 250.492.5983DIVULGUE SOUS LA LOIDE LIACCES AL INEGRMSTION Fachnie, Catheren From: Rathgeber, Tammy Sent: March 2, 2011 12:41 PM To: Traverse, Tanya ce: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Nesbitt, Sharon Subject: FW: S-282 (Due Mar 2011) Attachments: $282 - (Due Mar. 11)- PDF; $282 - BSF479 pdf, January 2011 complaint response. doc, $282 - doc; RE: Feb 2011: S- 2821 $282 - ~ E96.xis; $282 ‘Supt Babakaiff Report.doc; $282 - Analysts.doc Hi Tanya, Could you please draft a response letter for this file? Glyn Lee has signed off on the analysis portion already. lesbitt, Sharon Sent: March 1, 2011 03:15 PM To: Lee, Glyn; Profil, Alan; Lal, Charlene; Rathgeber, Tammy Ce: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Lee, ChristineS Subject: RE: S-282 (DueMa 2011) Attached please find the original complaint, analysis, BSF479, E95, BSO report and Supt report for this file. Please let me know if anything needs adjustment. Thanks, Sent: January 13, 2011 11:09 AM To: Nesbitt, Sharon Cc: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Lee, Christine; Rathgeber, Tammy Subject: FW: S-282 (Que Mar- 2011) Hi Sharon, Further to our conversation...here’s “"~ formal complaint...thx! From: Lee, ChristineS Sent: January 13, 2011 10:57 AM To: Nesbitt, Sharon; Lal, Charlene Cc: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Rathgeber, Tammy Subject: $-282 (Due Mat 2011) Hi Charlene, Regional file logged as S-282. It was originally assigned to Sharon. Name: 2012-06-21DIVULGUE SOUS LA LOI DE ACCES A L'INFORMATION Page 2 of 2 Port of Entry: Osoyoos Cross reference: Description of Issue: claims he was harassed by hostile, disrespectful and inexperienced border agents at Osoyoos. Task to be completed: Draft response letter for Blake's signature Due date for first contact to client: Jan- 2014 Due date for response to client: Mar 2044 Thank you, Christine S. Lee ‘Administrative AssistanAdjointe Administrative RDG's office, Pacific Region/Bureau du DGR, région du pacific Canada Border Services Agency | Agence des services frontaliers du Canada Vancouver, BC VSB SR Christine lee@cbsa-aste.gc.ca ‘Telephone | Telephone (604) 665.0760 Facsimile | Telécopieur (608) 86-2828 Telotypowriter| Télsimprimeur 1-866-335-3237 Government of Canada | Gouvernement du Canada From: Nesbitt, Sharon Sent: January 11, 2011 11:50 AM To: Nesbitt, Sharon; Lal, Charlene Ce: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Truong, Sonia; Lee, ChristineS Subject: RE: RDG260 - complaint Due on: February | 2011, Unfortunately, this file has now become a formal complaint. The attached e-mail has the traveller's account of his dealings at Osoyoos on January 2011 The officer mentioned is Thanks, Sharon 2012-06-21Ganada Border Services Agency ‘Agence des services frontaiers du Canada Complaint Input Form DIVULGUE SOUS LA LOI DE L'ACCES A L'INFORMATION 's2e2 2] eye Cont 2,0 o Clon Ghent (7 ewer Co rent Eas rns i [sentec torte cinrnce (] (ove ostinng Cont ercen Camm arouytac Clo. Traveller felt BSOs disrespectful, | Cre Cats accusatory, hostile Covers spt Deo sroren _| Dereon Orstira Co | Doveiminasran rao ematty DD csrton-cane ty [onanRELEASED UNDER THE ACCESS TO INFORMATION ACT — DIVULGUE SOUS LA LOI DE LACES ABANEGRYATION Fachnie, Catheren From: Sent: January 1/, 2011 10:46 AM To: Babakaiff, Chris Ce: Carter, Paul Subject: RE: Feb 20, 2011: 8-282, This concludes my response to the complaint. From: Babakaiff, Chris Sent: January 16, 2011 04:01 PM To: Ce: Carter, Paul Subject: FW: Feb 20, 2011: $-282 Importance: High 2012-06-21DIVULGUE SOUS LA LOIDE ACCES A LINFORMATION Page 2 of 4 Please see the attached letter of complaint from a His complaint is in regards to his crossing on the evening of January with his wife. 1 require a report from each of you detaling your interaction with and your recollection on the events of their crossing. If you have any notes/note book entries for the date in question regarding this specific crossing, I will need copies. Thave attached a TIPS document that may assist you when completing your report. You were working with on the date and time in question and I have notified her in person. ‘Any questions or you require clarification, please come see Paul or myself. From: Lal, Charlene Sent: January 13, 2011 11:09 AM To: Nesbitt, Sharon Cc: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Lee, ChristineS; Rathgeber, Tammy Subject: FW: 5-282 (Due Mar 2011) Hi Sharon, Further to our conversation...here’s ‘ormal complaint...thx! Lee, Christines Sent: January 13, 2011 10:57 AM To: Nesbitt, Sharon; Lal, Charlene Ce: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Rathgeber, Tammy Subject: 5-282 (Due Mar 2011) Hi Charlene, Regional file logged as S-282. It was originally assigned to Sharon. Name: Port of Entry: Osoyoos Cross reference: Description of Issue: claims he was harassed by hostile, disrespectful and inexperienced border agents at Osoyoos. Task to be completed: Draft response letter for Blake's signature Due date for first contact to client: Jan. -2011 Due date for response to client: Mar 2011 Thank you, 2012-06-21DIVULGUE SOUS LALOI DE ACCES AB INEORMATION Christine S. Lee ‘Administrative Assstan/Adjointe Administrative RDG's office, Pacific Reglon/Bureau du DGR, region du paciic Canada Border Services Agency | Agence des services frontalors du Canada Vancouver, 8 V6 ska ChristineSlee@ebsa-eofege.ca Telephone | Telephone (6) 696-0760 Facsimito|Télécopiour (604) 686-2828 Teletypewrter|Teeimprimeur 1-866-396-3237 Government of Canada | Gouvernement du Canada From: Nesbitt, Sharon Sent: January 11, 2011 11:50 AM To: Nesbitt, Sharon; Lal, Charlene Ce: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Truong, Sonia; Lee, ChristineS Subject: RE: RDG260 - complaint Due on: February 2011 Unfortunately, this file has now become a formal complaint. The attached e-mail has the traveller's account of his dealings at Osoyoos on January 2011 ‘The officer mentioned is. Thanks, Sharon Sent: January 10, 2011 10:53 AM To: Lal, Charlene Ce: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Truong, Sonia Subject: RE: RDG260 - complaint Due on: February 2011 This file can be closed. | sent the traveller the attached e-mail providing him with the contact information he requested Thanks, Sharon From: Lal, Charlene Sent: January 6, 2011 4:10 PM To: Nesbitt, Sharon Cc: PAC-Vancouver-333Dunsmuir, Program Services Reporting; Truong, Sonia Subject: FW: RDG260 - complaint Due on: February 2011 Hi Sharon, Please action... thanks! From: Truong, Sonia Sent: January 5, 2011 2:55 PM To: Lal, Charlene Cc: PAC-Vancouver-333Dunsmuir, Program Services Reporting Subject: RDG260 - complaint Due on: February 2011 2012-06-21DIVULGUE SOUS LALO! DE L'ACCES A LINFORMATION Page 4 of 4 Please assign this RDG Email Complaint request: ‘Complainant Port: Osoyoos Category: Other Issue: wishes to attain a contact information for the supervisor at Osoyoos POE ‘Task: Contact client directly with information. Once completed, please let Sonia know so that she can close the file with Ops. Due: February 2011 Date of incident: ? Date client wrote email: January 2011 Thanks, Sonia Truong (604) 666-8638 From: Sent: January 4, 2011 2:54 PM To: CBSA-ASFC_RDGO-BDGR-PAC Ce: ‘Subject: complaint I would like to make a complaint re: crossing the border at OSOYOOS B.C border crossing. | would like to talk with the superviser at that port. How can I contact them? Thankyou, 2012-06-21