Quote:
Originally Posted by calgarygeologist
I personally don't like the search regulations but it is what it is.
Cameron asked an interesting question in the first post though. Regarding search and access to phones, tablets and computers do you only have to provide access (unlock) the device or do you have to provide access to all personal files and communications on that device? I wonder if there is an app that could basically lock access to all apps, messages and files while providing access to the device?
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This case will determine if you need to provide the password, it has never been tested in court before.
I predict that the ruling will be that the CBSA retains the authority to examine electronic devices and that they can ask the owner to provide the password. If the password is not provided, they can seize the device until the password can be broken or a warrant secured to compel compliance. Again, just a prediction, not the law as it stands.
They just do a cursory inspection of pictures/files/texts/anything easy to find. Accessing locked or encrypted apps hasn't been tested in court either, but it would stand to reason that the ruling would follow general device access.
Quote:
Originally Posted by Doodlebug
As I also clearly watch Border Security too much, this seems to the case law that the CBSA will site if you refuse to provide the password. Stems from a truck driver in Ontario who was caught with child porn on his laptop while crossing the border. In one episode of Border Security, a CBSA supervisor actually printed this decision to show to the traveller.
http://caselaw.canada.globe24h.com/0...-oncj-25.shtml |
Leask deals with the authority of the CBSA to conduct searches in the first place, there is no mention of a password on the laptop in question or Leask being asked to provide one.