Canada’s privacy commissioner has warned the government that U.S. plans to enhance border searches may contravene Canada’s Charter of Rights and Freedoms and there’s little recourse for people subjected to them. At issue is the fact that the U.S. conducts customs and immigration pre-clearance at eight airports in Canada for travellers to the U.S. It plans to expand that to two more airports.
The U.S. has also announced it intends to require people divulge their cellphone and social media passwords even if they have no legal grounds. Canadian border guards must have a reason to conduct such a search.
‘An extremely privacy intrusive procedure’
As Privacy Commissioner Daniel Therrien wrote in a letter to the government, “the search of an electronic device is an extremely privacy intrusive procedure. This has been recognized by the Supreme Court of Canada on a number of occasions.”
The Canadian government is considering a new law to expand U.S. preclearance operations and there is a clause that would oblige them to comply with Canadian law.
Tough to get legal remedy, says watchdog
But Therrien notes that if they did not comply, it would be difficult for a person to pursue the U.S. border service in court because there also exists a 1985 law that strictly limits civil remedies against U.S. border guards conducting preclearance.
For reasons beyond our control, and for an undetermined period of time, our comment section is now closed. However, our social networks remain open to your contributions.