solicitor-client privilege

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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

Technology is wonderful. Laptop computers are getting lighter.  Storage capacity on laptop computers, smart phones, USB keys and other electronic devices are up in the terabytes.   You can travel with your electronic devices and no one will know you are not in the office.

What this means is that we can travel with…

The Canada Border Services Agency (“CBSA”) does have an internal policy with respect to examinations and searches of lawyers who are crossing the border into Canada.  This internal policy (Operational Bulletin PRG-2014-07 “Examination of Solicitor-Client Privileged Materials”) is not publicly available on the CBSA web-site, so we posted it.  It is available through…

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…

U.S.A.

Security Bag Check sign on a white background. Part of a series.

There are reports that President Trump is considering an Executive Order to require the Department of Homeland Security, and in particular U.S. Customs and Border Protection (USCBP), to ask foreign visitors to provide information about their social media profiles and access to their computer contact lists.  This would include Canadian lawyers. The access to…