CBSA & Your Devices
Canada's border is a "reduced privacy" zone. The CBSA has broad powers, but recent court rulings (R v Canfield) are beginning to set limits on digital searches.
Can they search my laptop?
Under Section 99(1)(a) of the Customs Act, officers can examine any "goods". Traditionally, this included digital devices. However, the legal landscape shifted in 2020.
R v Canfield (2020 ABCA 238)
The Alberta Court of Appeal ruled that the portion of the Customs Act allowing suspicionless searches of electronic devices is unconstitutional. While this specifically applies in Alberta, it has set a nationwide precedent that digital data is not simply "goods" and requires a higher standard of protection.
CBSA policy is to ask for your passcode. If you refuse, they can seize your device for "further examination" which can take weeks. While the law is evolving, most legal experts suggest that CBSA currently lacks the explicit power to punish you for not providing a code, but the consequence is almost certain seizure of the device.
🛡️ Device Search Readiness
Airplane Mode
CBSA only has authority to search data MANUALLY stored on the device. They cannot legally go into the cloud (iCloud, Google Drive) during a routine check.
Encryption
Using FileVault (Mac) or BitLocker (Windows) ensures that if a device is seized, the data remains unreadable without your participation.
Secondary Inspection
If taken to a 'Secondary' room, ask: "On what grounds do you suspect this device contains evidence of a Customs Act violation?"
Solicitor-Client Privilege
If you are a lawyer or have legal docs on your device, state this immediately. CBSA has strict rules against searching privileged material.
PR & Citizen Rights
Canadian citizens and Permanent Residents have a right to enter Canada. CBSA can delay you for searches, but they cannot refuse you entry based on a device search.
Visitors & Students
Holders of Work or Study Permits have a privilege to enter. A "lack of cooperation" can lead to your permit being flagged or cancelled at the officer's discretion.
The "Airport Mode" Rule & Cloud Data
CBSA officers should not access data stored in the cloud (like your Gmail, iCloud, or remote servers). They are only authorized to look at data stored locally on the device.
The 2022 Policy Shift: CBSA internal guidelines now state that officers should not browse social media profiles or email accounts unless they have specific, threshold-meeting suspicion of a crime.
Immediate Seizure?
If they seize your device, you MUST be given a K-24 Receipt. This document lists the device details and explains how to retrieve it. If you suspect an unlawful search, keep this receipt as it is your primary evidence for a Judicial Review.