Border guards have long had more powers to search individuals than police, but a case this week will finally make Canadian courts determine whether those guards can force you to turn over the passwords to your phone or computer without a warrant, legal and privacy experts tell Yahoo Canada News.
For police, the law was clarified in December when the Supreme Court of Canada ruled on the case of Ontario man Kevin Fearon, who was convicted after a Toronto flea market robbery. Police looked through his cellphone after his arrest and found pictures of a gun and cash and a message about jewelry.
The Supreme Court’s 4-3 decision said police can conduct a limited search of a suspect’s cellphone without a warrant— but they must follow strict rules.
Now, the rules for border officers from Canada Border Services Agency (CBSA) are about to get tested in the courts.
If you are not a Canadian citizen, you have no right of re-entry, so you could refuse to hand over the password, and the remedy by