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

Tag Archives: confiscation

Federal Court of Appeal Finds NEXUS Pass Confiscation Not Justified

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

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

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

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?

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?

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

When Are You Not Permitted To Use The NEXUS Lane?

Posted in Border Security, Currency Reporting, NEXUS

On July 19, 2016, the Canada Border Services Agency (“CBSA”) issued a Notice to NEXUS Member (sent by email) in which indicated that they were consulting on proposed changes and clarifications to the NEXUS Regulations.  Hidden in the Notice is some useful information about new bases for confiscation of NEXUS passes.  New NEXUS Program rules… Continue Reading

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

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

Alcohol And Tobacco: Two Things That Cause CBSA Officers To Not Apply Common Sense

Posted in Customs Law, NEXUS

I receive many calls from clients who have disputes with the Canada Border Services Agency (“CBSA”) at the Canadian border.  Some of the most amazing stories relate to seizures of alcohol (beer, wine, liquor) and tobacco (usually cigarettes).  In most of the cases, I wonder aloud why the CBSA Officer could not use common sense… Continue Reading

NEXUS Pass Appeals Process In Canada Is Regulatory

Posted in Border Security, Canada's Federal Government, NEXUS

NEXUS pass holders sometimes run into difficulties when they return to Canada after a trip abroad.  The NEXUS pass holder may discover that their “disagreement” with the Canada Border Services Agency (“CBSA”) upon re-entering Canada may result in the immediate confiscation of their NEXUS pass or they may receive a letter in the mail (or… Continue Reading

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

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

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

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

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

NEXUS Travelers Must Carefully Maintain Receipts Over Thanksgiving

Posted in Border Security, Cross-border trade, Customs Law, Tax

Black Friday and Thanksgiving week-end often ends in tears and frustration as Canadian travelers run into difficulties at Canada-US border crossings and at airports. Canadians join in the U.S. tradition of bargain shopping on Black Friday and over Thanksgiving week-end.  Problems arise when Canadians do not have all of their receipts in order from their shopping trip. … Continue Reading

Canadians Living In Border Cities at Risk for NEXUS Pass Confiscations

Posted in Border Security, Customs Law, Uncategorized

Many Canadians who live in border cities (such as Windsor, Niagara Falls) are more likely to have a NEXUS pass.  Many Canadians who live in border cities work in the United States and travel back and forth across the border on a daily basis.  Given that individuals are human and humans make mistakes, the Canadians… Continue Reading