Canadian charged with obstruction for not giving his phone password to CBSA

[llwhiteoutll]

Originally Posted by afc wimbledon

Actually the only precedent is that they can't unless you are arrested, this charge gets dismissed, you can pretty well guarentee it, the guy has an obvious Supreme Court precedent.

Again, you are trying to apply the same standards to a CBSA agent that would apply to a police officer. Under the different pieces of legislation, this simply isn't the case. It has been tried in court and both v.Leask and v.Petr Bares upheld the CBSA authority to conduct these searches.

It boils down to the simple fact that for a CBSA agent to examine an electronic device, they don't need a warrant and they don't need reasonable suspicion that you're committing a crime.

[Locke]

And I think thats most people's point; that seems like a lot of power without a lot of balance.

[spuzzum]

I sure hope they use gloves when they conduct searches on phones given the amount of crap they touch. I certainly don't wanna get a cold.

[spuzzum]

I know where I stand on the issue - get a warrant if there is a reasonable suspicion a crime is being committed. Smuggling 2 liters of vodka in my suitcase is far different than reading on my corporate emails that Samsung is about to take over BlackBerry or that my next AA meeting is at 5pm on 5th and Central.

[ericschand]

Originally Posted by Bring_Back_Shantz

No, of course the don't, that's a pretty big leap, and a far cry from what is being tested by the case in the OP.
There is a big distiction between unlocking a device to see what data is physically on it, and getting passwords to see what data could be accessed remotely from it.

Originally Posted by Daradon

On CBC the lawyer they had on the panel said their is no legal reason you need to give over this info. Basically the same as maintaining silence during questioning.

Of course, they could then decide to confiscate your phone, and have a tech look at it to unlock it. Though they probably wouldn't have the ability to do that in most cases. I was unsure on how long they could confiscate your phone, or keep you there.

Well, this is from watching Border Security and also an overheard encounter at an airport, YVR. So take it with a few grains of salt.

They can, and do, ask for your banking passwords. It's usually for foreigners but I'm betting it probably does happen to Canadians too. Then they search through your bank accounts for how much funds you have, looking for anything suspicious.

They also grab your phone, looking for someone doing bad things in party pics and so on. You then get questioned for it, even though YOU haven't done anything illegal. If you state you have no idea what the person in the background was smoking, you weren't involved, they alert that something must be going on.

If you have a wiped phone, no contact lists, no email, no text messages, they alert immediately and take you to secondary and tertiary screening. It's very suspicious to them when someone has a smart phone with no browsing history.

If they ask for your email, banking, or any other password, you are only given a couple of choices. One, supply it with a number of large officers around, hands on their weapons. Or don't supply it and you will be delayed entry. How do they delay entry? They toss you in a holding cell to get in front of a judge, which could take a day or more. So, which one do you choose?

Here's the conundrum. You can wait to get in front of a judge, and maybe they'll even let you go before you do. But how long are you willing to wait them out? Remember, it's literally a jail cell that you sit in until you see the judge. And then the judge says "supply the passwords," then what?

So, how far are you willing to take it? I guarantee they will go home that evening to a nice dinner, family, TV, etc. Will you?

ers

[Hockeyguy15]

^^^

I have literally never seen any of that on that border security show.

[EldrickOnIce]

Originally Posted by llwhiteoutll

Again, you are trying to apply the same standards to a CBSA agent that would apply to a police officer. Under the different pieces of legislation, this simply isn't the case. It has been tried in court and both v.Leask and v.Petr Bares upheld the CBSA authority to conduct these searches.

It boils down to the simple fact that for a CBSA agent to examine an electronic device, they don't need a warrant and they don't need reasonable suspicion that you're committing a crime.

Yes. We know that.
What they can not do is hold me in contempt for not helping them (I. E. Not supplying the password)

[WhiteTiger]

Not sure if this has been posted yet. Apologies if it has:

https://www.priv.gc.ca/resource/fs-fi/02_05_d_45_e.asp

Relevant to discussion section:

Customs Searches

Under Canada’s Customs Act, CBSA officers have widespread powers to stop and search individuals, their baggage and other possessions and devices at any Canadian port of entry, be this a land border crossing, air terminal or sea port. When such searches have been challenged in court, judges have typically recognized that people should have reduced expectations of privacy at border points. In this special context, privacy and other Charter rights are limited by factors such as sovereignty, immigration control, taxation and security.
What you should know:

• CBSA officers are authorized to conduct searches of individuals entering Canada, including their baggage, parcels or devices such as laptops, BlackBerrys or cellphones. These searches may be conducted without a warrant.
• In addition, officers may examine devices for photos, files, contacts and other media, in much the same way customs officials have broad powers to open, inspect and seize mailed packages being delivered into Canada.

Redress:
If you have a dispute with any decision or search undertaken by an official of the CBSA, the agency’s Recourse Directorate can review your case