Cross-Border Travellers Beware: Confidential Information is At Risk

Much attention has been paid recently to the extent to which customs officials can search electronic media devices such as laptops, digital music players, personal data assistants and BlackBerry® devices accompanying travellers when crossing international borders. Most of this attention has focused on the U.S. Customs and Border Patrol ("CPB"), as they have recently published a policy statement affirming their position that they may conduct "suspicionless" searches of electronic devices entering the United States. However, the topic is equally important with respect to the Canada Border Services Agency ("CBSA"), as many business professionals enter and re-enter Canada daily with electronic devices in hand and the CBSA has stated that its examination authority under the Customs Act extends to electronic storage devices.