Canadians With Mental Illnesses Denied U.S. Entry

Canada Border Mental Ill

First Posted: 09/09/11 06:07 AM ET Updated: 11/08/11 05:12 AM ET

More than a dozen Canadians have told the Psychiatric Patient Advocate Office in Toronto within the past year that they were blocked from entering the United States after their records of mental illness were shared with the U.S. Department of Homeland Security.


Lois Kamenitz, 65, of Toronto contacted the office last fall, after U.S. customs officials at Pearson International Airport prevented her from boarding a flight to Los Angeles on the basis of her suicide attempt four years earlier.


Kamenitz says she was stopped at customs after showing her passport and asked to go to a secondary screening. There, a Customs and Border Protection officer told Kamenitz that he had information that police had attended her home in 2006.


“I was really perturbed,” Kamenitz says. “I couldn’t figure out what he meant. And then it dawned on me that he was referring to the 911 call my partner made when I attempted suicide.”


Kamenitz says she asked the officer how he had obtained her medical records.


“That was the only thing I could think of,” she says. “But he said, no, he didn’t have my medical records but he did have a contact note from the police that [they] had attended my home.”


Stanley Stylianos, program manager at the Psychiatric Patient Advocate Office, says his organization has heard more than a dozen stories similar to Kamenitz’s.


The office has also received phone calls from numerous Canadians who have not yet had encounters with U.S. customs officers, but are worried that their own mental health histories may cause security delays while travelling south of the border for business or family trips.


'This is an issue'


“We get calls from people who have concerns about being stopped because they know this is an issue,” Stylianos says.


So far, the RCMP hasn’t provided the office with clear answers about how or why police records of non-violent mental health incidents are passed across the border.


The U.S. Department of Homeland Security did not respond to a CBC News request for comment.


According to diplomatic cables released earlier this year by WikiLeaks, any information entered into the national Canadian Police Information Centre (CPIC) database is accessible to American authorities.


Local police officers take notes whenever they apprehend an individual or respond to a 911 call, and some of this information is then entered into the CPIC database, says Stylianos. He says that occasionally this can include non-violent mental health incidents in which police are involved.


In Kamenitz’s case, this could explain how U.S. officials had a record of the police response to the 911 call her partner made in 2006, after Kamenitz took an overdose of pills.


RCMP Insp. Denis St. Pierre says information on CPIC not only contains a person's criminal record, but also outstanding warrants, missing persons reports and information about stolen property, along with information regarding persons of interest in ongoing cases. It also can contain individuals' history of mental illness, including suicide attempts.


The database contains anything that could alert authorities to a potential threat to public safety and security, and all CPIC information is available to the U.S. Department of Homeland Security, St. Pierre says.


But he says the golden rule is that an officer searching CPIC must contact the police service where the record originated before acting on any information from the database.


9.6 million records


According to an RCMP website, the CPIC database stores 9.6 million records in its investigative databanks.


The RCMP and U.S. law enforcement agencies provide reciprocal direct access to each other’s criminal databases in order to stem the flow of narcotics and criminal dealings into North America, according to the WikiLeaks cable.


When asked about the sharing of police information for security purposes, Kamenitz says the government is “obviously not considering what the impact of that can be and how much that can alter a person’s life.”


“Police may have attended my home,” says Kamenitz, “but it was not for a criminal matter; it was a medical emergency.”


Kamenitz notes that suicide isn’t a criminal offence in either country.


“It speaks to the myth we still hold,” Kamenitz says, “that people with a mental illness are violent criminals.”


At less than five feet tall, with a debilitating form of arthritis that makes it impossible for her to complete daily tasks like cooking and dressing without assistance, Kamenitz says she is hardly a threat to U.S. Homeland Security.


'I am not a criminal'


“I’ve been battling not only anxiety and depression but also chronic pain since my teen years,” Kamenitz explains. “I am not a criminal.”


Kamenitz was eventually allowed to board a plane to Los Angeles, four days after missing her initial flight. But in order to do so, she had to submit her medical records to the U.S. and get clearance from a Homeland Security-approved doctor in Toronto, who charged her $250 for the service.


Included in the Homeland Security forms Kamenitz was required to fill out were questions about whether she had a history of substance abuse and whether she had diseases, such as AIDS or tuberculosis.


“These are private and personal medical records that I’m now handing over to a foreign government,” she says.


After years of private therapy and help from doctors at St. Michael’s Hospital and the Centre for Addiction and Mental Health in Toronto, Kamenitz says the border incident felt unjust.


“It was discrediting all the efforts that [I had] made to recover.”


Stylianos says Canadians should be outraged that people’s mental health information is shared across the border.


“It is an intensely private matter for many individuals,” he says.


'You can't control it'


Stylianos says his organization is lobbying for this information not to be included in the CPIC database or shared with the U.S. Department of Homeland Security as part of a routine border screening process.


“Once that information gets into the American system, you can’t control it,” he says.


According to the same diplomatic cable released by WikiLeaks, which included data from 2004 and 2005, Americans believed that despite the open database sharing, “Canada’s strict privacy laws” have limited the timely exchange of information between the two nations.


In the 10 years since the Sept. 11 attacks, the two countries have struggled to come to an agreement on how best to police the border.


The administrations of Prime Minister Stephen Harper and President Barack Obama are in talks over a perimeter security deal that would include further cross-border intelligence-sharing as part of a joint border security strategy.


In an Aug. 29 news conference in Toronto, Foreign Affairs Minister John Baird told reporters that the privacy rights of Canadians remain top-of-mind during discussions about cross-border law enforcement programs.


“Our sovereignty cannot and will not be compromised,” he said.


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HUFFPOST SUPER USER
Jeff Rosenbury
I love all people -- in the abstract
02:04 PM on 09/10/2011
Those crafty Canadians are fleeing their free health care to come burden our U.S. system. [sarcasm]

Perhaps big sis could spend less time messing with Canadians and more time crushing the current civil war in Mexico, or at least the part that spills into the U.S.?

We gave up our freedom so some drug lord could come cap our kindergartners? That's apparently o.k. with Washington as long as depressed Canadians stay out of South Florida.
HUFFPOST SUPER USER
tbabalis
12:15 AM on 09/10/2011
I have nothing against the US, I love travelling there....what bothers me is WHY Canada has allowed such DETAILED access.....I personally think that authorities should only have access to criminal records. So if my house gets broken into...I then call the cops,.they show up at my home.....it gets noted,....then this might affect my entry to the US....I'm just tired of Canada always bending down to the US, that's how I felt all my life: Canada is always being bullied! (i guess it's a good thing their economy has worsen..our image has improved)
11:50 PM on 09/09/2011
Canada is just as bad. We found out the hard way that Canada does not allow ANY person with ANY crime ever in their past to enter Canada. Me and a friend had booked a visit to Canada. No one ever mentioned this to us and once we got to the security to enter Canada, my friend was denied entry for a DUI offense 20 years ago. WOW major threat there huh.
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HUFFPOST SUPER USER
bcbailey64
11:47 PM on 09/09/2011
Simply shameful. This information should definately NOT be shared with the US and they should not be degrading people with an episode of mental illness as a criminal. More than 10% of the popoulation has a mental illness at some point in time, maybe more in certain government departments...
This user has chosen to opt out of the Badges program
10:28 PM on 09/09/2011
Can I trade places with them?
This comment has been removed due to violations of our [Guidelines]
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HUFFPOST SUPER USER
nix28
Ignorance stirs my inner demon...Sorry.
09:21 PM on 09/09/2011
I think this goes above and beyond the call of duty. I could see if she and others had mental illnesses in which violence was characteristic and had a history of violence/criminal behavior, but this is just ridiculous.
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SiameseTrainer
...we are Sia..mese if you don't please..
08:31 PM on 09/09/2011
Well I can certainly understand their position, about a third of amurricans are challenged, and that is enough already. And besides, they don't want any of ours to go down there to take advantage of their GREAT healthcare.
06:38 PM on 09/09/2011
It's crap like this that wastes taxpayer dollars! Does Homeland "Security" have anyone with common sense working for them? If they can take a depressed Canadian's medical records and use them to prevent her from entering the US imagine what they are doing with our HIPA protected medical records.
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HUFFPOST SUPER USER
thanadar
Jury nullification works.
04:30 PM on 09/09/2011
I wince everytime I hear of some acquaintance or friend breezily speak of a recent visit to their "shrink"or "analyst" about some emotional conundrum they are facing. They don't realize that their medical histories are NOT confidential by any means, and may result in the same thing happening to the Canadians trying to visit here. On top of that, they are blithely foregoing their "inalienable" right to buy a gun or go hunting. NEVER EVER go to a shrink if you value your privacy or rights.
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HUFFPOST SUPER USER
ibivi
I miss Molly Ivins
06:04 PM on 09/09/2011
Your advice is rather inappropriate. People should not jeopardize their mental health over this incident. If you need psychiatric treatment get it. Yes, it is a privacy concern and we should let our government know that we have issues with these secret information exchanges.
06:40 PM on 09/09/2011
Tell your therapist or shrink to keep billing records only. Mine never takes notes during sessions for that reason.
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HUFFPOST SUPER USER
nix28
Ignorance stirs my inner demon...Sorry.
09:19 PM on 09/09/2011
That would be because your therapist makes case notes after you leave. Case notes are standard in the field; it's how mental health practitioners keep track of patient progress. It's not a legal requirement but it is a requirement of the credentialing body that licenses your therapist to practice as well as (if your therapist works for a company) the credentialing bodies that allow the practice to operate.
04:06 PM on 09/09/2011
You can't blame the Americans for screening people with mental challenges as they have to fear them joining the Republican Party and then running for President.
HUFFPOST SUPER USER
Cariboofly
Aye, Ready, Aye & Semper Fi
03:49 PM on 09/09/2011
So, some border agency wants to prevent those with a history of attempting suicide from flying? Good GRIEF !! Have we lost ALL of our "civil rights" ?? What about people's "right" to commit suicide and take a plane load of people with them?
HUFFPOST SUPER USER
patman77
03:44 PM on 09/09/2011
I'm an a american and that really psses me off!!
03:36 PM on 09/09/2011
This will mean Hudak will not be able to visit America. Harper will be excluded too. And a lot of other Reeeeeorm Party (aka Conservative) people will also be blocked. The Americans aren't crazy.
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HUFFPOST SUPER USER
Whistlejackett
Hey stop doing that
03:04 PM on 09/09/2011
I usually don't get mental until I cross the border.