Yes, there is a legal mechanism to appeal a currency seizure by the Canada Border Services Agency (“CBSA”).  You have a legal obligation to report any import and/or export of currency and/or monetary instruments of more than $Canadian 10,000 (including the equivalent in other currencies). We say “more than $Canadian 10,000”, we mean the combined

On May 28, 2019, the Federal Court of Canada released its decision in Sharanek v. Minister of Public Safety and Emergency Preparedness, 2019 FC 751. Justice Pentney denied Mr. Sharanek’s judicial review because “he did not make submissions on the merits when offered the opportunity to do so”.

The Canada Border Services Agency

The Canada Border Services Agency (“CBSA”) is granted the power to examine goods imported by travelers and returning residents.  Section 99 of the Customs Act gives CBSA officers the power to examine your suitcase, your purse, your backpack, your briefcase and your electronic devices. The word “goods” is defined in subsection 2(1) of the Customs

Recently, there have been multiple incidents of Canada Border Services Agency (“CBSA”) officers stopping artists for secondary screening.  We are aware of a number of incidents. The incidents occurred at multiple border crossings.  In all cases, the CBSA equated being an artist with being a drug mule.

In one incident, Tim Hogan, a Canadian indigenous

Canada

If the Canada Border Services Agency (“CBSA”) confiscates or cancels your NEXUS Card due to an enforcement action (e.g. the CBSA seizes goods because you failed to declare the goods or the value provided to the CBSA was incorrect), your NEXUS Card will be cancelled for 6 years.  Normally, you lose your trusted traveler

Originally published by the Journal of Commerce in December 2017

While Special Counsel Robert Mueller continues his investigation, the recent guilty plea entered by Trump former National Security Advisor Lt. Gen. Michael Flynn (Ret.) serves as a reminder that when you are interviewed by a law enforcement agent, you better be sure what you say

Canada

The trade landscape is changing for many Canadian companies. Canada is involved in the renegotiation of NAFTA.  The Canada-Ukraine Free Trade Agreement comes into effect on August 1, 2017.  The Canada-EU CETA enters into provisional effect on September 21, 2017.  The Government of Canada is updating export controls and economic sanctions laws and Global

Canada

Fountain pen on appeal

The Canada Border Services Agency (“CBSA”) may confiscate, revoke or cancel a NEXUS Membership for a number of reasons, such as (1) a breach of a customs law (e.g., undervaluation or not declaring goods purchased or acquired outside Canada), (2) a breach of an immigration law (e.g., working in Canada without a proper visa),

Sniffer DogThe Canada Border Services Agency (“CBSA”) has statutory authority in subsection 99(1) of the Customs Act to open goods that are being imported – this includes letters and packages. Currently, most packages can be opened, including legal documents sent by a law firm to another law firm or a client.  A few years ago I

Originally published by the Journal of Commerce – November 2016

Fans of ESPN’s College Game Day© will recognize this tag line from the reaction of Lee Corso when he disagrees with others when panelists predict winners of selected college football games. If you prefer a different sports metaphor, there is Aaron Rodger’s 2014 now famous