Does The Canada Border Services Agency Have The Authority To Search Your Electronic Devices?

At the beginning of this year, I discussed the issue of border searches of electronic devices performed by United States Customs and Border Protection ("USCBP"). Of course, similar issues arise on the Canadian side of the border as well. For this reason, I will now discuss border searches of electronic devices performed by the Canada Border Services Agency ("CBSA").

Background

According to Subsection 99(1) of the Customs Act¹, CBSA officers have the authority to search goods being imported into Canada. In particular, Clause 99(1)(a) states that an officer may "examine any goods that have been imported and open or cause to be opened any package or container of imported goods and take samples of imported goods in reasonable amounts." This type of routine search does not require any reasonable suspicion on the part of the CBSA officer.