Border Search Expansion

Close Icon

At second reading in the House of Commons

S-7
October 20, 2022 (2 years ago)
Canadian Federal
Marc Gold
Senate
Third reading
0 Votes
Full Title: An Act to amend the Customs Act and the Preclearance Act, 2016
Foreign Affairs
Trade and Commerce
Social Issues

Summary

The proposed amendments to the Customs Act and the Preclearance Act aim to expand the powers of border service officers to search and examine personal digital devices for compliance with U.S. laws. This includes the ability to investigate potential violations related to import and export regulations, human trafficking, and more. The changes introduce the risk of more invasive searches and heightened legal consequences for non-compliance.

What it means for you

Groups likely to be impacted by these amendments include travelers, especially those visiting the United States, as well as individuals in industries reliant on international trade and tourism. Privacy advocates and civil rights organizations may also be mobilized to challenge these changes, citing concerns over personal freedom and data protection.

Expenses

Financially, the government may incur additional costs related to training border officers on the new regulations and implementing the technological infrastructure required for these examinations. These expenses could ultimately result in increased taxpayer burdens. Critics of the bill highlight that potential legal challenges and the fear of overreach could also harm tourism and trade, possibly leading to reduced economic activity in these sectors.

Proponents' view

Supporters argue that the amendments are necessary for national security as they equip border officers with tools essential for combating modern threats, such as smuggling and human trafficking. They believe that the capability to investigate digital data is crucial for effective law enforcement and that the costs associated with enhanced scrutiny are justified by the prevention of illegal activities that can harm legitimate businesses.

Opponents' view

Critics express significant concerns about privacy and civil liberties. They argue that the broad scope of these amendments may lead to unwarranted searches and potential abuses of power, ultimately discouraging travel and trade. Opponents also emphasize the vague language surrounding "reasonable grounds" for suspicion, which might result in arbitrary enforcement. The potential for increased costs related to legal battles and the administrative burden of overseeing broad search powers could further strain public resources.

Original Bill