Canadian Border Phone Search

[Dave Walter]

If you are worried about someone else seeing all of those pictures and other stuff on your phone, you always have the option of leaving it at home.

[Jim Bennett]

I say, let them have at it with my phone. I have nothing to hide. Willingness to comply will make for a much quicker inspection.

[steve dunham]

Originally Posted by Jim Bennett

I say, let them have at it with my phone. I have nothing to hide. Willingness to comply will make for a much quicker inspection.

Their is nothing on my phone that would interest anyone but me
That being said , the contents of my phone is none of the government's business . I have no intentions of aiding , helping , enabling or being complicit with their fishing expedition.
Having nothing to hide has no bearing on the situation for me .
Since racial / religious profiling seems to be the basis for whose phone is confiscated / searched , I find even less reason to lend them assistance.
I will leave my phone at home when I travel to Canada .
If they want to search my phone , then they can come to my home with a warrant.

Best Wishes
Steve D

[Jim Bennett]

I prefer to look at life from the bright side, not the dark side. This is also why my signature quote is a favourite of mine.

[escape artist]

Originally Posted by Jim Bennett

I prefer to look at life from the bright side, not the dark side. This is also why my signature quote is a favourite of mine.

Hi: Jim Bennett... "No phone, no pool, no pets. Ain't got no cigarettes"... Alf
escape artist N.S. of Lake Erie

[Jim Bennett]

Originally Posted by escape artist

Hi: Jim Bennett... "No phone, no pool, no pets. Ain't got no cigarettes"... Alf
escape artist N.S. of Lake Erie

https://www.youtube.com/watch?v=jHPOzQzk9Qo

[Donna D.]

Sounds like most people here on the forums just use their technology for simple stuff. The border crossing password stuff is HUGE on Facebook right now. It's really easy to view the world through our own eyes, but really there's a lot more going on out there that doesn't impact us personally. I know a number of people who uses their devices for far more than making phone calls and taking pictures. While none of those people are anything more than just plain citizens, they are worried personal info and sensitive information may be compromised. Frankly, I don't blame them.

When I cross into Canada next year to attend the Boler 50th Anniversary caravan, I'm buying a toss-n-talk phone and leaving everything else at home.

[Mike Lewis]

When I crossed the border in April 2014 for the orientation prior to picking up my trailer, the Canadian border police had me park and go inside their office. I had to surrender my keys and laptop password; they then searched my vehicle and presumably the laptop.

The next two times I crossed into Canada I had to park, go inside, answer questions, and they may have searched my vehicle again, I don't remember. It finally dawned on me that they weren't doing this to everyone. When I asked I was told that there was a Michael Lewis born in Florida on my birth date that the Canadian border police didn't want in their country. They had me write down my social security number, which didn't match the one they were looking for. The next time I crossed I didn't have any problems. We'll see what this year brings.

[skyfree]

Originally Posted by gbaglo

Where did you get this information?

The Customs Act (s99) authorizes officers to examine all goods and conveyances including electronic devices, such as cell phones and laptops. They can do anything they want with that information, including storing it indefinitely. I'm not a lawyer, but they are probably interpreting this section, last updated in 2001:

"Samples taken pursuant to subsection (1) shall be disposed of in such manner as the Minister may direct."

There is nothing specific to storing information taken from electronic sources, which is not surprising.

It's a gray area, as it is when you are entering the US. I understand the need for this and why both countries are not incented to update the laws, but people may want to understand how their information can be used and stored. I don't think for one minute that border patrol on either side would use this information to commit a crime like emptying your bank account, but I work in the tech industry on a product that safeguards private information and I know how hard it is to securely store data. Under-funded government agencies are notorious for letting it get away.

[Old Fulica]

I live on the border and go across about once a week. I have never been asked for my phone. As been mentioned before here, there are a couple of border crossing programs on TV and they often check phones when people give them reason to check. One of the biggest reasons is people crossing the border to work illegally.

[padlin]

Don't know how the Today Show picked their sample, but they said that 23 of the 25 they reported about were Muslim.

[steve dunham]

Originally Posted by padlin

Don't know how the Today Show picked their sample, but they said that 23 of the 25 they reported about were Muslim.

If one chooses to believe published numbers , there were more phone seizures by US Customs / Border Agents in the month of Feb 2017 than in the whole calender year of 2015 .
Draw from this any conclusion you wish.

[Mucram]

Crossed the border late February & back. Smooth as silk. 2 63 yo females do not seem to pose a threat.

[sturski]

I'm boring, my phone is boring, maybe they'll teach me to use more of the functions on it.

[gbaglo]

Girl Guides of Canada have cancelled cross border trips, including a large gathering that was supposed to be held in California, due to risk of one or more members being denied entry because of place of birth or such.

[Brian B-P]

Here's a snippet from the relevant web page from the Canadian federal government's privacy office:

...
CBSA [Canada Border Services Agency] officers are authorized to conduct searches of people entering Canada, including examining their baggage, parcels or devices such as laptops and smart phones. These activities may be conducted without a warrant.

CBSA policy states that examinations of personal devices should not be conducted as a matter of routine; they may only be conducted if there are indications that “evidence of contraventions may be found on the digital device or media.”

If your laptop or mobile device is searched, you will likely be asked to provide the password.

Officers may only examine what is stored within a device, which includes, for example, photos, files, downloaded e-mails and other media. If you refuse to provide your password, your device may be held for further inspection. Our understanding is that the issue of whether a border security agency can compel an individual to provide a password for a personal electronic device at a border crossing is not something that has been specifically looked at by the Courts in Canada.

[Ron in BC]

Originally Posted by Mike Lewis

It finally dawned on me that they weren't doing this to everyone. When I asked I was told that there was a Michael Lewis born in Florida on my birth date that the Canadian border police didn't want in their country.

I do volunteer work for several groups that deal with people and youth in the vulnerable sector. People need a police background check for each separate group that they're involved in. I have the mis-fortune to have the same birth date as a convicted person. Not the same name, the same birth date. Pretty good odds on that one. So every time I go in (yearly for each group) I say "I know my birth date will come up as requiring me to be finger printed, can't I just do fingerprints now?" Nope, they have a process. So every time I go back again and get fingerprinted. At least now you don't get ink on your fingers.

I don't take it personally but it is a bit sad the way some things have gone.

Ron

[FlatlandFlyFisher]

Information for people entering Canada: https://bccla.org/2017/02/border-rights/
Information for people entering the US: https://www.aclu.org/blog/free-futur...ts-complicated

These articles address much of the speculation listed over the last four pages. Simply, rights against search are reduced at the border. And it happens both ways.

Stephen

[gbaglo]

Where do we put our idle speculation?

[FlatlandFlyFisher]

Originally Posted by gbaglo

Where do we put our idle speculation?

Well, if you got a 19', you would have more storage room