A few years ago, many civil libertarians were upset that the US government allowed warrantless searches of electronic devices at the border, but it was less well known that the Canadian Border Services Agency does the same at the Canadian border:
“Canadian Border Sign” by jimmywayne is licensed under CC BY-NC-ND 2.0
According to the CBSA, it has the right to search electronic devices at the border for evidence of customs-related offences — without a warrant — just as it does with luggage.
If travellers refuse to provide their passwords, officers can seize their devices.
The CBSA said that between November 2017 and March 2019, 19,515 travellers had their digital devices examined, which represents 0.015 per cent of all cross-border travellers during that period.
During 38 per cent of those searches, officers uncovered evidence of a customs-related offence — which can include possessing prohibited material or undeclared goods, and money laundering, said the agency.
While the laws governing CBSA searches have existed for decades, applying them to digital devices has sparked concern in an era where many travellers carry smartphones full of personal and sometimes very sensitive data.
A growing number of lawyers across Canada argue that warrantless digital device searches at the border are unconstitutional, and the practice should be stopped or at least limited.
“The policy of the CBSA of searching devices isn’t something that is justifiable in a free and democratic society,” said Wright who ran as a Green Party candidate in the 2015 federal election.
“It’s appalling, it’s shocking, and I hope that government, government agencies and the courts, and individual citizens will inform themselves and take action.”
