Canada-U.S. Blog Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

Tag Archives: cancellation

Federal Court of Appeal Finds NEXUS Pass Confiscation Not Justified

By Cyndee Todgham Cherniak on Posted in Legal Developments, NEXUS

On February 8, 2018, the Federal Court of Canada released its decision in Gunwani Sodhi v. The Minister of Public Safety and Emergency Preparedness, 2018 FC 145 in which Justice Campbell found that the confiscation of Mr. Sodhi’s NEXUS membership by the Canada Border Services Agency (“CBSA”) lacked justification. This is the first Canadian judicial… Continue Reading

Don’t Allow The CBSA To Confiscate Your Fois Gras AND Don’t Pay the Reduced Penalty

By Cyndee Todgham Cherniak on Posted in Uncategorized

We have been contacted by clients who have returned to Canada (usually from France) and they have brought a commercially sealed jar or two of “fois gras de canard” or “fois gras de canard entier”.  Unfortunately for these clients, they have been sent to the Secondary Inspection Area and the Canada Border Services Agency (“CBSA”)… Continue Reading

Gamblers Are Often Stopped By The CBSA Who Ask Questions If Winnings Are Proceeds Of Crime

By Cyndee Todgham Cherniak on Posted in NEXUS, Proceeds of Crime/Money Laundering

If you are a Canadian citizen or Canadian resident and have been lucky in Las Vegas, Atlantic City, Paradise Island, Macau or other gambling destinations, be prepared to be asked questions by the Canada Border Services Agency (“CBSA”) when you return to Canada with your winnings. The CBSA sees a large amount of money and… Continue Reading

Do Not Pass GO: Forgetting Your Receipts Gets You A Ticket To CBSA Secondary Inspection

By Cyndee Todgham Cherniak on Posted in Customs Law, NEXUS, valuation

We help a lot of Canadian citizens and Canadian residents who get their NEXUS Cards revoked, confiscated or cancelled by the Canada Border Services Agency (“CBSA”).  One issue that comes up time and time again is under-declaration because the traveler did not have all of their receipts printed and organized for primary inspection. While there… Continue Reading

How Can I Get My NEXUS Card Back When It is Cancelled/Confiscated By The CBSA?

By Cyndee Todgham Cherniak on Posted in Agriculture, Border Security, Canada's Federal Government, Cross-border trade, Currency Reporting, Customs Law, NEXUS

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), (3)… Continue Reading

What Can I Do If My NEXUS Card Is Confiscated By The CBSA?

By Cyndee Todgham Cherniak on Posted in Border Security, Customs Law, Immigration law, NEXUS

  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),… Continue Reading

Can US Customs Take My NEXUS Card at Toronto Pearson International Airport?

By Cyndee Todgham Cherniak on Posted in NEXUS

The answer is “Yes”, and it happens on a regular basis. Quite frankly, we have received more calls about NEXUS confiscations at Toronto Pearson Airport Pre-Clearance recently – and, it makes one wonder if a US CBP policy directive has changed. The issues that arise at U.S. Pre-Clearance at Toronto Pearson Airport are different issues… Continue Reading

Can US Customs Take My NEXUS Card at Toronto Pearson International Airport?

By Cyndee Todgham Cherniak on Posted in NEXUS, Uncategorized

The answer is “Yes”, and it happens on a regular basis.  Quite frankly, we have received more calls about NEXUS confiscations at Toronto Pearson Airport Pre-Clearance recently – and, it makes one wonder if a US CBP policy directive has changed.  The issues that arise at U.S. Pre-Clearance at Toronto Pearson Airport are different issues… Continue Reading

A Mistake That People Make After Getting Into Trouble With The CBSA

By Cyndee Todgham Cherniak on Posted in Customs Law, NEXUS

I often receive calls from individuals who have had their NEXUS membership cards cancelled or confiscated by the Canada Border Services Agency (“CBSA”). Many of these individuals believe that the CBSA was sympathetic  to their situation and was trying to help when the CBSA officer suggested that they write a letter explaining their side of… Continue Reading

New NEXUS Confiscation Trend – Two Confiscations for One Person’s Alleged Error

By Cyndee Todgham Cherniak on Posted in Border Security, Customs Law, NEXUS

We receive many calls from potential clients/clients who have had their NEXUS cards confiscated or cancelled by the Canada Border Services Agency (“CBSA”).  We are hearing from more couples who both have NEXUS cards and both individuals have their NEXUS cards confiscated/cancelled by the CBSA.  Usually, both cards are confiscated/cancelled because of a single disagreement… Continue Reading

Why Did the Chicken NOT Cross the Canada/US Border?

By Cyndee Todgham Cherniak on Posted in Agriculture, Border Security, Canada's Federal Government, Cross-border trade, Legal Developments, NEXUS

Because Canada has imposed an import ban on all poultry products from certain U.S. States.  On November 26, 2015, the Canada Border Services Agency (“CBSA”) posted a News Release entitled “Let’s talk turkey: know the restrictions on poultry products before crossing the border”.  In this News Release, the CBSA notifies Canadians, residents and travelers to… Continue Reading