Does Canada Border Services Agency (CBSA) have the right to access PR's phone and laptop in a separate room?
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CBSA access to phone and to laptop
- Thread starter CitizenSoon
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Yes they do have this power:
Cell phone, tablet, and laptop searches at the Canadian border
Canadian courts have generally recognized that people have reduced expectations of privacy at border points. In this context, privacy and other Charter rights continue to apply but are limited by state imperatives of national sovereignty, immigration control, taxation and public safety and security. The Canadian courts have not yet ruled on whether a border officer can compel a person to turn over their password and on what grounds, so that their electronic device may be searched at a border crossing.
While the law is unsettled, CBSA policyFootnote 1 states that examinations of personal devices should not be conducted as a matter of routine; such searches may be conducted only if there are grounds or indications that “evidence of contraventions may be found on the digital device or media.”
If your laptop or mobile device is searched, it should be searched in line with this policy and, in that context, you will likely be asked to provide your password. If you then refuse to provide your password, your device may be held for further inspection. According to the policy, officers may only examine what is stored within a device, which includes, for example, photos, files, downloaded e-mails and other media. Officers are advised to disable wireless and internet connectivity, limiting access to any data stored external to the device, for instance, on social media or in a cloud.
Individuals entering Canada who are concerned about how this policy might be applied may wish to exercise caution by either limiting the devices they travel with or removing sensitive personal information from devices that could be searched. Another potential measure is to store it on a secure device in Canada or in a secure cloud which would allow you to retrieve it securely once you arrive at your destination.
If you have concerns or questions
The Canada Border Services Agency’s Recourse Directorate can review issues related to any decision or search undertaken by the agency’s officials. As well, the Agency has an online feedback and complaint form. Canadian Government.
