Pubdate: Tue, 17 Jan 2012
Source: Victoria Times-Colonist (CN BC)
Copyright: 2012 Times Colonist
Contact: http://www2.canada.com/victoriatimescolonist/letters.html
Website: http://www.timescolonist.com/
Details: http://www.mapinc.org/media/481
Page: A3
Author: Jack Knox

TOFINO MAN GROUNDED BY U.S. BORDER RIGIDITY

Even the judge rolled his eyes, gave Adrian Dorst a suspended 
sentence when the then 24 year-old got busted for having marijuana 
resin in a decorative pipe way back in 1967.

But American authorities were dead serious when they discovered the 
Tofino man's 45-year-old conviction last week.

They refused to let him fly through the U.S., costing the well-known 
nature photographer a $1,250 airline ticket and a "dream trip"  to 
the cloud forest village of Mindo, Ecuador, where he had planned to 
spend two months hiking and birdwatching.

It's a cautionary tale for travellers: Even for those who have 
crossed the border with impunity for years, the past is never really buried.

Dorst's troubles began last week when he showed up at Vancouver 
International Airport for a flight to Quito that involved a 2 
1/2-hour layover in Houston, Texas.

Just before boarding, the U.S. border agent in Vancouver checked his 
passport and asked a few questions as usual, but then, instead of 
allowing Dorst through, sent him to another room for further screening.

After a couple of hours, the U.S. agent revealed she knew of that 
suspended sentence from 1967. The conviction came after the police 
who raided a communal apartment in St. Catharines, Ont., seized a 
pipe that was hanging on a wall - not exactly the French Connection 
on the drug-crime index.

"The judge roundly criticized the RCMP for arresting me,"  said 
Dorst, on the phone from Tofino on Monday.

When the border agent asked about any other arrests, Dorst, 68, said 
he had spent a night in the clink during the anti-mining protests in 
Strathcona Park in 1988.

He was also locked up in Nanaimo's Brannen Lake jail for a week or so 
after being found in contempt during the Clayoquot anti logging 
protests that same year.

In the end, Dorst, having been fingerprinted and spat back out by 
Uncle Sam, found himself on the way back to Tofino, where he has 
lived since 1972, getting by mostly as a photographer (including the 
odd freelance job for the Times Colonist).

So much for that dream journey to Mindo. "It's quite famous for 
birdwatchers,"  he said. "I had my heart set on it."

It looks like Dorst, whose story was told by the Vancouver Sun's Ian 
Mulgrew on Monday, is out the $1,250 he paid for his ticket. "I'll 
send Homeland Security an invoice, but I doubt they'll pay it."

What baffles him is that he has never had a problem crossing the border before.

The vast majority of people crossing the border get only what the 
U.S. Customs and Border Protection calls a primary check - a passport 
examination and a few questions - said spokesman Mike Milne.

Red flags will go up if you're currently wanted by authorities, but 
it's only if the agent deems you worthy of a more-thorough secondary 
check that a criminal record will show up.

Crimes of "moral turpitude"  and serious offences like assault or 
robbery are grounds for denial. Drunk driving won't get you banned, 
but a drug conviction will - whether for three joints 40 years ago or 
a kilo of heroin last week.

Someone like Dorst would likely qualify for a waiver from Homeland 
Security, but the process typically takes at least a year and can 
cost close to $1,000, says Victoria's division of the 
Commissionaires, which helps guide applicants through the red tape.

Even if the application is approved, a first-time waiver is only good 
for a year. Renewals last for five.

That might make the alternative - hoping to slip across without 
notice - seem tempting, if still a crapshoot. Even if a secondary 
check reveals an old record like Dorst's, some agents will let the 
passenger through with a warning to get a waiver before attempting to 
fly again. Of the million people who ask to enter the U.S. on any 
given day, just 225 are turned back, Milne said.

Will Dorst apply for a waiver? "Absolutely not."  He says he'll 
choose routes that avoid the U.S. instead. "It's more expensive, but 
I don't want to deal with these people."

He bridles at his treatment.

"I guess I'm deemed a threat to the security of the United States,"  he said.

"What is the purpose of this? What purpose does it serve them? I have no idea."
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MAP posted-by: Keith Brilhart