The Canada Border Services Agency (“CBSA”) has published a written statement on its website that when the CBSA conducts an examination of electronic devices (e.g., laptops, smart phones, USB keys, etc.) at the Canadian border, CBSA officers must not search electronic documents marked as “solicitor-client”. The CBSA has published a webpage entitled “Examining digital
Canada Border Services Agency Routinely Requests Passwords from Travelers/Returning Residents and Examines Electronic Devices
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
What Should A Lawyer Do To Claim Solicitor-Client Privilege at the Canadian Border?
At the present time, the Canada Border Services Agency (“CBSA”) does not have a published or informal policy concerning what a lawyer should do to claim solicitor-client privilege during an examination of documents in a lawyer’s briefcase or electronic documents on a lawyer’s computer or PDA.
Based on the Alain Philippon case, currently before the