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KnottyBuoyz

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Boater held for 3 weeks in U.S. jail for refusing to sail drunk

Cross-border trip ends in detention centre

Windsor Star; CanWest News Service

Published: Saturday, August 25
WINDSOR, Ont. - A Canadian boater who crossed Lake Erie has been in the custody of U.S. authorities for three weeks, despite having committed no criminal offence.
"This is ridiculous. You wouldn't believe what's going on here," said a frustrated Terry DaCosta of Woodstock, Ont., on the phone from Monroe County Jail on Friday evening.
"It's pathetic. I thought we were supposed to be neighbouring countries."

DaCosta, 39, said his troubles began on Aug. 3, when he took his boat on a recreational trip with other boats from Leamington to Put-in-Bay near Sandusky, Ohio.
Upon arrival on American shores, DaCosta contacted the U.S. Border Patrol to ask for their approval to stay -- something he said he's received on previous occasions without any problems.
While he was waiting, DaCosta consumed several beers. He was then dismayed to learn from border patrol that his request for entry was denied.
"I said, 'I can't leave, I've had a few beers,' " DaCosta recalled. "They said, 'If you can't drive your boat out of here, we're going to have to arrest you and deport you ourselves.' "
DaCosta, who was alone in the boat, said he didn't want to risk being stopped by the U.S. Coast Guard and potentially losing his boating licence over a failed breathalyser test. "I said, 'Fine, arrest me, I'm not drinking and driving.' "
But what DaCosta thought would be an inconvenient process has turned into a prolonged nightmare.
According to DaCosta, his first week in custody was spent in a cell with 15 other men and a poorly working toilet. He said he's now been placed in a large dormitory filled with between 80 and 100 other people.
"They treat us like we're a bunch of animals," DaCosta said.
His dorm is one reserved for immigration detainees, the jail confirmed.
"There's no criminal offence," said James Battin, DaCosta's lawyer in Canada. "It seems to me to be just a little bit strange. My understanding is his file went to Miami and he went to Monroe, Michigan."
Battin said DaCosta is being represented by a Michigan lawyer, and there's not a great deal that can be done for him from Canada.
DaCosta said he has no criminal record in either the U.S. or Canada.
An electrical and mechanical contractor by trade, DaCosta said he's worried about the status of his independent contracting firm as he languishes in custody.
 

WillyBWright

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Re: Get a load of this story!

I dunno, man. We gotta be wary of them there Canucks. You never know what kinda lingo they might impose on us. Yoopers might start saying things like "Ya, hey". Oh, that's right. They already do. God forbid it spreads to Ohio. Oh, the Humanity! :eek: ;)
 

bjcsc

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Re: Get a load of this story!

Why would he stay in jail instead of bonding out?? This is some kind of a setup...there will be more to this story eventually...
 

eriediver

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Why would he stay in jail instead of bonding out?? This is some kind of a setup...there will be more to this story eventually...

Illegal aliens can't post bail & be released. They are tried then deported.
 

Nova II 260

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Re: Get a load of this story!

That Canadian should have spoken in spanish, all would be well and forgiven...
 

bassman284

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Re: Get a load of this story!

DaCosta. That sounds kinda muslim to me. where's Murkey? We need a ruling on this.
 

RubberFrog

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Re: Get a load of this story!

The moral of the story is to not sit at the bar slamming beers while waiting to hear if you can stay.
 

Plainsman

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Re: Get a load of this story!

Illegal alien is an illegal alien. Canadian, Mexican, British....whatever they are.
 

kenmyfam

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You know, many people go there from Canada and do not report in. No one worries about it, not even the U.S. immigration. You get a guy that is completely honest and goes by the book and the a**holes in immigration haul his sorry a** to jail.
A little thought and common sense from both sides would have been a good idea in my opinion.
O.K. he was denied entry. For what reason...who knows but he has no criminal record anywhere. Should he have been denied entry ???? Not by any immigration officer that was in his right mind or properly performing his duties. Could have been one of those immigration guys on a power trip like they sometimes are.
O.K. so then they decide he is to be denied entry. He informs them that he has had some drinks and chooses not to break the law by driving potentially intoxicated......Sensible solution would be to give him 6 to 8 hours to leave and return to Canada so he could sleep it off. He is then complying and not risking driving intoxicated. Any potential future immigration issues can be worked out from there.

How do i know about this ????
I am a British Citizen born and bred that has lived in Canada as a permanent resident for the last 18 years. I live half an hour drive from the Windsor / Detroit border. I travel to the U.S.A. for business meetings with our vendors and "Big 3" customers. I also travel to Japan, Korea and China on occasion from Detroit metro airport. I have a United States none immigrant visa on my passport and a current I-94 B-2 class. My employers have provided me with a notarised letter stating that I am attending business meetings when I cross.
Many immigration officials are extremely knowledgeable and know just what they are looking at when they see my documentation and through I go without any problems.......but !!!! there are those that tell me that they do not know what all the "stuff" is in my passport and send me in to secondary inspection. Usually the officer inside looks at my documents and asks me why I was sent inside !!!! I tell them that i do not know and I am sent on my way. I have not heard of many "English / Canadian" terrorists....have you ????
It is a sorry situation when there is not a consistent standard with the immigration officers, especially when the officer in secondary comments to the others quietly under their breath that "so and so" has done it again !!!!1
I have witnessed this on several occasions.
Just as a sidenote if the officers on the Canadian side behaved like this with people coming in from the U.S.A. there would be an uproar !!!!
Just my humble opinion.
 

kenmyfam

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Illegal alien is an illegal alien. Canadian, Mexican, British....whatever they are.

But what made it illegal ????.......Just being Canadian ??? British ??? Mexican ??? or from any other country ????
By the same token should we stop Americans from coming in to Canada because they are American ???? and should all the other countries in the world do the same thing ????
Sure would kill off the tourist industry would it not ????? I see a lot of Americans in the Dominican Republic, Jamaica, Great Britain, Europe etc. Should that be stopped ???
If the guy was illegal then so be it but from the supplied information he was not.
 

Plainsman

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But what made it illegal ????.......Just being Canadian ??? British ??? Mexican ??? or from any other country ????
By the same token should we stop Americans from coming in to Canada because they are American ???? and should all the other countries in the world do the same thing ????
Sure would kill off the tourist industry would it not ????? I see a lot of Americans in the Dominican Republic, Jamaica, Great Britain, Europe etc. Should that be stopped ???
If the guy was illegal then so be it but from the supplied information he was not.

If I come to the border by car and am denied access to Canada, and then keep driving through, should I be charged? What's the difference if it's a boat or a car. The country I am trying to enter denied me access. If I stay, I am breaking the law of that country.
 

KnottyBuoyz

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More bizarre than fiction!

http://www.canada.com/windsorstar/news/story.html?id=7d895b22-571a-42f4-aa9a-26dedbad73ee&k=84946

There's got to be more to both sides of the story than what we've read in the media. I don't (can't) believe that rational people with any legal authority to act in this matter did so without some sort of provocation. It just boggles the imagination to think that this person (could have been any one of us Canucks crossing the border) would be treated that way by a supposedly friendly neighbor. I've crossed the Cdn/US border 100's of times although never by boat. I've always been treated with respect and professionalism and courtesy by both border agents.

I find it deeply troubling that this could even happen even post 9/11. Sadly this isn't the first instance I've heard of countries that have over-reacted to the sad events of 9/11 and empowered border security agencies with powers which rational people would perceive as going far beyond their mandate and I'm not talking about the US.

I'm really looking forward to being able to visit the "Land of the Free" when I retire (by boat) and travel the many wonderful inland and coastal waterways of what I consider the second greatest country in the world. I hope I can do that someday but when you read things like this story it makes you wonder what it's really going to be like in 8-10 yrs down the road. Passports is not unreasonable IMHO, but what's next? Microchips, embedded GPS units, etc. Or will the US just close it's borders and become an insular nation? That would be such a great loss to everyone on this meager planet.

I believe every country has a duty to protect its borders from those who's intentions are not in the best interests of the country. That's obvious. But I think there are instances when things get out of hand and reactionary crosses the line into obserdity. It just makes me sad to think that this is what we've come to thanks to the actions of a few religious zealots half way around the world. Who's fault it is I don't know but we're all paying a pretty heafty price in paranoidism for it.

It just makes me sad.
 

stan_deezy

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what I consider the second greatest country in the world.


Nope! The voting is in and it's now way behind in third place! :D


In reverse order............drum roll please.....................


3. US of A


2. Canada































1. Scotland :p:p






:D
 

kenmyfam

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Re: Get a load of this story!

If I come to the border by car and am denied access to Canada, and then keep driving through, should I be charged? What's the difference if it's a boat or a car. The country I am trying to enter denied me access. If I stay, I am breaking the law of that country.


You are absolutely correct in what you say.....but I think more level heads should have prevailed in the situation. While this was going on a few boatloads of drugs and guns probably sailed past !!! Many people have also been stopped by the marine patrol's in Lake St Clair if they stray into the U.S waters by a few feet drift fishing.
We are going to have to issue all the fish with identification !!! LOL.
 

stan_deezy

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Re: Get a load of this story!

We are going to have to issue all the fish with identification !!! LOL.


I now have several different mental images going on here..........


1. The American and Canadian fish fighting on the border

2. The fish having their own border patrol

3. The fish all swimming just over the border whenever a fishing line is dropped on the other side

:D:D:D
 

JB

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Re: Get a load of this story!

I wonder if our "victim" presented a valid passport to US Border Cops?

New this year is a rule that even a US Citizen must present a valid passport to enter (reenter) the US.

There is something we are not being told by media with an agenda, here.
 

aspeck

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Re: Get a load of this story!

Yep, there HAS to be another side to this. My guess is a Canadian with a few beers in him got a bit mouthy with Border Officer and things escalated from there. I am sure it is much easier to present a rational explanation of why he had a few beers while waiting for permission now than it was at the time ...

And Stan, I think you got that order reversed!
 
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