This paper provides a comprehensive review of the law governing the search of electronic devices at the Canadian border. It highlights the applicable legislation and case law, as well as the current Canada Border Services Agency policy. It also discusses the existing debate regarding the constitutionality of suspicion-less searches of electronic devices at the border, and the challenge of rapidly changing technologies. In addition, the paper highlights practical implications for clients travelling with electronic devices.
This paper is part of a collection presented at LESA’s Search and Seizure program in Calgary on June 2, 2018 and in Edmonton on June 9, 2018.