Identity crisis Winnipeg man with same name as ‘really bad person’ miffed border agency won’t help By: Chris Kitching Posted: 7:00 PM CST Thursday, Feb. 9, 2023

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This article was published 09/02/2023 (984 days ago), so information in it may no longer be current.

A Winnipegger who has the same name as a man flagged to border security is fed up with being pulled aside for extra screening every time he returns to the country, and he wants Ottawa to resolve the problem.

Jason Brown said he’s been referred to additional checks at airports and land crossings almost 10 times since 2015 for Canada Border Services Agency Staff to confirm he isn’t the other man.

“I’m flagged in association because our names are the same and our birth dates are similar, but not the same,” said Brown. “Can’t they just unflag me? We’ve proven now I’m not the person they’re looking for.”

Given he’s starting to travel more often to the U.S. for work, he lodged a complaint with the federal agency last month and contacted the office of Liberal member of Parliament Dan Vandal in a bid to resolve the situation.

The federal government seems unwilling to help, and he’s frustrated.

“It should have been solved the first time this happened. I’ve done nothing wrong,” said Brown, who works in software development. “(The border agency) told me, ‘We know it’s not you, but there’s nothing we can do.’ That response doesn’t make any sense.”

During past travels, border staff described it to Brown as an “immigration flag” for a person of interest.

He said a border officer in Quebec once told him the man is “a really bad person and we want to catch them.”

Brown doesn’t know anything more about the man.

He said he was once told about five other innocent men have also been flagged because they share the same name.

He’s had to wait in immigration lines with his children while returning from family vacations. Most visits to secondary screening last about 30 to 40 minutes, with some officers more probing in their questioning.

“It starts to make you anxious. When you’re getting off the plane, you think what kind of border officer is it going to be?” said Brown.

“(The border agency) told me, ‘We know it’s not you, but there’s nothing we can do.’ That response doesn’t make any sense.”–Jason Brown

He accepts it’s a matter of security and he knows front-line border staff, who’ve been “helpful and professional,” are just doing their job.

He acknowledged some people may view his situation as a “minor” inconvenience.

“To me, it teeters on an abuse of power,” he said.

After Brown was pulled aside during his most recent trip home from the U.S. on Jan. 20, he tried to escalate the situation with a supervisor at Winnipeg’s airport.

The supervisor indicated he had never seen a Canadian citizen by birth, with no dual citizenship, flagged in such a way, said Brown.

He’s frustrated by the agency’s handling of his ensuing complaint and the lack of recourse available to him.

He’s been unable to find a suitable point of contact at Immigration, Refugees and Citizenship Canada to see if that department can help.

An emailed response from the CBSA on Feb. 6 confirmed to Brown there are no “red flags” associated with him.

The email suggested he’ll have to clear up the problem on his own.

“The reason for the referrals is that your biographical data matches another individual who may be of interest to the agency,” the email stated. “Due to the CBSA’s system designs and objectives, there are very few options to address near-match situations.

“We regret that this has caused inconvenience; however, the referral flag is necessary to guarantee that the individual of concern is referred to ensure the safety of all Canadians.”

The border agency recommended Brown apply for a NEXUS pass at his own expense, which he had already done by then.

“It shouldn’t have to be that way. Why is it on me?” he said.

The program, which has US$50 application and renewal fees, is designed to speed up customs clearance for low-risk travellers when they cross the Canada-U.S. border.

“Because the NEXUS system keeps more detailed information on its members, when using a dedicated NEXUS lane at designated ports of entry, you will not be referred for secondary examination due to this specific issue,” the email stated.

Brown said a border officer told him he could still face extra screening even as a NEXUS member.

Winnipeg-based immigration lawyer Alastair Clarke doesn’t believe a NEXUS pass would help.

“He’s not taking the red flag off of his file,” he said. “It’s an unfortunate situation.”

“He’s not taking the red flag off of his file… It’s an unfortunate situation.”–Immigration lawyer Alastair Clarke

Other options, including a legal opinion letter to present to border officers, are limited.

Clarke has helped innocent people who’ve encountered similar problems at customs because they have the same name as a convicted criminal or known terrorist.

“I would not say that it’s common,” he said.

Tim McSorley, national co-ordinator with the International Civil Liberties Monitoring Group in Ottawa, said “false positives” commonly involve people who share a name with someone on a no-fly or other watch list.

“I find it surprising that an immigration flag would be consistently misapplied to someone who is a Canadian citizen,” he said. “This is a Canadian government problem that there should be a clear solution to.”

“This is a Canadian government problem that there should be a clear solution to.”–Tim McSorley

McSorley described the border agency’s solution — applying for a NEXUS pass at Brown’s own expense — as “completely unacceptable.”

He said there is no appropriate complaint mechanism and little transparency in such a situation.

Federal legislation, Bill C-20, seeks to create an independent public complaints and review body for the RCMP and the CBSA, he noted.

The border agency did not respond to a request for comment Thursday.

MP Vandal’s office declined to comment.

chris.kitching@freepress.mb.ca

Twitter: @chriskitching