IMPORTER BEWARE: CUSTOMS NON-COMPLIANCE CAN BE A
CRIMINAL OFFENCE
Earlier this year, Canada Border Services Agency
("CBSA") intercepted a shipment declared to be electric fans from
China. When opened, CBSA found no fans, but almost 20,000 cartons
of cigarettes, with a market value of about $2.2 million. (!)
Everyone knows that smuggling millions in cigarettes into Canada
is a crime. Like importing other sensitive goods (e.g., a
prohibited weapon), many forms of importation can amount to
criminal conduct, carrying with them potential offences under the
Criminal Code. Not all customs errors
or violations amount to criminal conduct, however. We explore the
line between the two below.