Marking The Boundaries Of Permissive Searches At The Border – Routine Searches Of Personal Devices No Longer Permitted Under The Customs Act - Privacy
Act") 2 gave broad search powers to the CBSA to "examine any goods" - including personal electronic devices - at the border without reasonable and probable grounds. Indeed, the Supreme Court has held on multiple occasions that travellers have a lower expectation of privacy at the border, including in the 1998 seminal border decision of R v. Simmons. 3 The issue in Canfield was whether the Act was in line with modern understandings of privacy, in particular as it applied to searches of electronic devices. The ABCA unanimously held that groundless searches of personal electronic devices condu...
Source: mondaq.com