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ARTICLE · 28 OCTOBER 2016

On What Authority Does The CBSA Search Smart Phones?

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I often receive calls from travelers who have had their cell phone, smart phone, PDA, iPhone, camera, and laptop computer examined by the Canada Border Services Agency during a secondary inspection.

CanadaInternational Law
Cyndee Todgham Cherniak
Cyndee Todgham Cherniak
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I often receive calls from travelers who have had their cell phone, smart phone, PDA, iPhone, camera, and laptop computer examined by the Canada Border Services Agency ("CBSA") during a secondary inspection.  Most of the time, the traveler is outraged because the CBSA either (a) saw naked photos on the phone, (b) found the receipt for the goods they failed to declare, (c) read emails about illegal work in Canada or (d) saw a photo of them smoking drugs or using a bong, or (e) all of the above.  In the initial contact, the person claims that the CBSA illegally searched the cell phone, smart phone, PDAs, iPhones, cameras, or laptop computer without a warrant.

The CBSA does not require a warrant to conduct an examination at the border. Section 99 of the Customs Act (Canada) gives CBSA officers the authority to examine goods and provides in part:

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