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Friday, February 10, 2017

Know your rights at the US/Canada border

Under Canada’s Customs Act, Canada Border Services Agency officers have widespread powers to stop and search people, their baggage and other possessions and devices at any Canadian port of entry (land border crossing, air terminal or sea port).

Canadian courts have generally recognized that people should have reduced expectations of privacy at border points. In this special context, privacy and other Charter rights are limited by state imperatives of national sovereignty, immigration control, taxation and security.

Canada Border Services Agency officers are authorized to conduct searches of people entering Canada, including their baggage, parcels or devices such as laptops and smart phones. These searches may be conducted without a warrant. Officers may examine devices for photos, files, contacts and other media.

If your laptop or mobile device is searched, you will likely be asked to provide the password.  If you refuse, your device may be held for further inspection. Our understanding is that the issue of whether a border security agency can compel an individual to provide a password for a personal electronic device at a border crossing is not something that has been specifically looked at by the Courts in Canada.

(Source: Office of the Privacy Commissioner of Canada

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