Why this B.C. fence along the U.S. border may be violating War of 1812 treaty
An unguarded, black chain-link fence erected in B.C. along the U.S.-Canada border is now the subject of an international investigation and could be in violation of a more than 200-year-old treaty, according to one immigration lawyer.
The fence, roughly 30 metres long, was put up at the end of English Bluff Road in Tsawwassen, a community within the Metro Vancouver suburb of Delta, B.C., on Jan. 16. That side of the border adjoins a park in the Washington state community of Point Roberts.
The International Boundary Commission, a bi-national organization responsible for regulating construction close to the Canada-U.S. border, confirmed to CBC News Wednesday that it did not authorize the fence and is now investigating the matter.
The Delta Police Department recommended the fence be built to prevent people from unintentionally crossing into the U.S. following a 2023 incident in which a Tsawwassen senior went for a walk and didn't return home.
He was found dead a few days later in Point Roberts after inadvertently crossing into the U.S. The police force said the fence was implemented in collaboration with the city's engineering team.
Monument Park in Point Roberts, which has grassy space that extends across the border into Canada, is a place where Canadians and Americans have historically been able to meet together for picnics without going through border patrol. It became a particularly popular meeting place during the COVID-19 pandemic when the borders were officially closed.
War of 1812 treaty
In 1814, Britain and the U.S. signed the Treaty of Ghent, which ended the War of 1812, agreeing to return to pre-war boundaries under the condition that neither country could erect a barrier within 10 feet or three metres of the border. (Canada was still under the British Crown then, only becoming a fully sovereign nation in 1867).
The fence in Delta is mere inches away from a sign that says "no construction or trees" within 10 feet or three metres of the international boundary.
"Whoever put up this fence was obviously not reading this placard," said U.S. immigration lawyer Len Saunders.
"The Canadian government, directly through the municipality of Delta, has violated the Treaty of Ghent," Saunders said, adding that he's surprised the fence has not yet been taken down.
Motion to bring fence down
Delta Mayor George Harvie said neither he nor the rest of council knew about the fence before it went up.
Harvie said a motion to take it down will be put to council on Monday. He told CBC News he expects a unanimous vote or at least for a large majority of councillors to vote in favour of the motion.
He said council will then immediately notify the International Boundary Commission of its actions and conduct an investigation to determine how a fence was put up without its knowledge to prevent it from happening again in the future.
The Canada Border Services Agency said it was not involved in the installation of the fence and referred questions to Delta police.
While there was previously no fence along this part of the border, there were and still are border patrol cameras that monitor the area. Many other parts of the short border are marked by a variety of private property fences or, as Harvie described, low barriers that prevent cars from crossing over.
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