ARTICLE · 03 JUNE 2021

Hands Off: Appeal Court Decision Strikes Border Agents' Warrantless Device Searches

Cox & Palmer

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While the COVID-19 pandemic continues, there is light at the end of the tunnel and Canadians are turning their minds to activities they have missed for over a year – among them, cross-border travel.

CanadaPrivacy

Peter Faour

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While the COVID-19 pandemic continues, there is light at the end of the tunnel and Canadians are turning their minds to activities they have missed for over a year - among them, cross-border travel. While getting back on a plane could feel different in a post-pandemic world, a recent Alberta Court of Appeal decision highlights how Canadians' right to privacy at the border may also change - and for the better - over the coming months.

Following the Supreme Court of Canada's 1988 decision in R v. Simmons ("Simmons"), Canadian Border Service Officers ("BSOs") have held broad powers to search and seize the personal belongings of any person entering Canada (and without a warrant).

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