TORONTO — Shakir Rahim, Director of the Criminal Justice Program of the Canadian Civil Liberties Association, made the following statement:
The Court of Appeal for Ontario has released its decision in R. v. Pike and Scott, holding that s. 99(1)(a) of the Customs Act, which authorizes border officers to search electronic devices without any reasonable basis, is unconstitutional because it violates the s. 8 Charter right to be free from unreasonable search and seizure. The CCLA was an intervenor in the case.
The CCLA applauds this important ruling, which makes it clear the border is not a Charter free zone. As the CCLA argued, standardless limitless searches of electronic devices, which contain highly private information, violate the Charter right to be free from unreasonable search and seizure.
Parliament must legislate a stringent standard with clear safeguards for the state to search an electronic device at the border. This reflects the fact that electronic devices are a trove of our most personal, intimate, and sensitive information.
You can read the CCLA’s factum here and the Court’s decision is appended.
The CCLA is grateful to the excellent pro bono representation of Samara Secter and Jocelyn Rempel of Addario Law Group, and Lex Gill of Trudel Johnston & Lespérance.
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About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
Media Contact:
media@ccla.org
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
For the Media
For further comments, please contact us at media@ccla.org.
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