Broader Seizures of Canada Post Mail

Summary#

This bill, the Canadian Postal Safety Act (S-256), changes the Canada Post Corporation Act so police and other authorities can seize, detain, or retain items moving through Canada Post under a broader set of laws. It also updates the Criminal Code, the Controlled Drugs and Substances Act, and the Cannabis Act to set who is presumed to own seized postal items and who can apply to get them back. The stated goal is to reduce contraband in the mail, including opioids and firearms (Preamble).

• Broadens when items “in the course of post” can be seized to any “enforcement statute,” including federal, provincial, and certain Indigenous laws (Canada Post Act s.2(1), s.40(3) as replaced).
• Extends the offence of opening or detaining mail to include new exceptions when authorized by an “enforcement statute” (Canada Post Act s.48 as replaced).
• Requires written notice to Canada Post when mail is seized or detained, but the draft shows a blank for the deadline number of days (Canada Post Act s.42(2.1) as replaced).
• Presumes the addressee is the lawful owner of an item seized in the mail for Criminal Code purposes (Criminal Code s.490(19)).
• Limits who can apply for return of seized drugs or cannabis in the mail to the addressee or Canada Post (CDSA s.24(1.1); Cannabis Act s.103(1.1)).

What it means for you#

• Households and small businesses

  • Police and other authorities will be able to seize or detain items sent via Canada Post under a wider range of laws, not just customs or anti–money laundering laws (Canada Post Act s.40(3) as replaced).
  • If an item you are receiving is seized in the mail, the law will presume you (the addressee) are the lawful owner for property handling under the Criminal Code, if you are legally entitled to possess it (Criminal Code s.490(19)).
  • Only the addressee or Canada Post can apply to a court to get back seized drugs or cannabis that were in the mail; senders and third parties cannot (CDSA s.24(1.1); Cannabis Act s.103(1.1)).
  • Seizures or detentions can delay delivery. Authorities must give written notice of a seizure or detention to Canada Post within a set period, but the bill text leaves the number of days blank in the draft provided (Canada Post Act s.42(2.1) as replaced).

• Senders

  • If a mailed item is seized in the course of post, you are not presumed to be the owner for Criminal Code purposes; the presumption favours the addressee (Criminal Code s.490(19)).
  • For seized drugs or cannabis in the mail, you cannot apply for their return; only the addressee or Canada Post can (CDSA s.24(1.1); Cannabis Act s.103(1.1)).

• Postal workers and Canada Post

  • Broader seizure authority may increase contacts with law enforcement and handling of detained mail. Written notice to Canada Post is required after a seizure or detention, though the number of days is unspecified in the draft (Canada Post Act s.42(2.1) as replaced).
  • Canada Post and the Minister are not liable to claimants for harm related to items seized, detained, or retained under an enforcement statute (Canada Post Act s.40(4) new).

• Police and regulators

  • May intercept, seize, detain, or retain items in the mail when acting under any “enforcement statute,” which includes:
    • an Act of Parliament,
    • a law of a province, or
    • a law or by-law made by an Indigenous governing entity with section 35 rights (Canada Post Act s.2(1) “enforcement statute”; s.40(3) as replaced).
  • Opening or detaining mail remains an offence unless expressly authorized by the Canada Post Act, its regulations, or an enforcement statute (Canada Post Act s.48 as replaced).

Expenses#

Estimated net cost: Data unavailable.

• No explicit appropriations are in the bill text.
• The bill creates procedural duties (notice to Canada Post after seizures) and broadens enforcement scope, which may have operational costs for law enforcement and Canada Post. Data unavailable.
• No federal fiscal note identified. Data unavailable.

Proponents' View#

• Closes a loophole by allowing legal interception of contraband sent through Canada Post, similar to what is possible with private couriers (Preamble; Canada Post Act s.40(3) as replaced).
• May reduce opioid trafficking by mail and related deaths when combined with harm reduction approaches (Preamble). This assumes a meaningful share of illicit opioids move through the mail; Data unavailable.
• Enhances safety for the public and postal workers by curbing shipments of dangerous goods (e.g., fentanyl, firearms) (Preamble).
• Sets clearer ownership and standing rules for seized postal items, which can streamline court processes:
  • Presumption that the addressee is the lawful owner (Criminal Code s.490(19)).
  • Limits return applications for seized drugs or cannabis to addressees or Canada Post (CDSA s.24(1.1); Cannabis Act s.103(1.1)).
• Maintains legal safeguards by requiring authority under an “enforcement statute”; the bill does not create a free-standing power to open mail without legal authorization (Canada Post Act s.48 as replaced; s.40(3) as replaced).

Opponents' View#

• Broad scope of “enforcement statute” (federal, provincial, and certain Indigenous laws) could enable mail seizures for a wide range of offences, increasing risks of overreach or inconsistent practices across jurisdictions (Canada Post Act s.2(1), s.40(3) as replaced). Data unavailable on oversight or error rates.
• Potential for more mail delays due to expanded seizure and detention authority; the bill does not include service-time protections for non-involved mail (Canada Post Act s.40(3), s.48 as replaced). Data unavailable on expected delay frequency.
• The draft notice rule leaves the number of days blank, creating uncertainty about how quickly Canada Post must be notified after a seizure or detention (Canada Post Act s.42(2.1) as replaced).
• Due process concerns for senders and third parties: for seized drugs or cannabis in the mail, only addressees or Canada Post may apply for return, which excludes others who may claim lawful interest (CDSA s.24(1.1); Cannabis Act s.103(1.1)).
• Liability shield for the Minister and Canada Post may limit remedies for people whose lawful items are wrongly seized or detained (Canada Post Act s.40(4) new). Data unavailable on available alternative remedies.