Introducing 

Prezi AI.

Your new presentation assistant.

Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.

Loading…
Transcript

NO

YES

NO

YES

CBSA Procedure: Searches

YES

NO

Travellers will arrive in Canada through a Port of Entry (POE). These include airports, seaports, railports and land borders.

Traveller arrives in Canada

Traveller is interviewed by an officer at PIL

Upon arriving in Canada, every traveller is interviewed by a Border Services Officer (BSO) at the Primary Inspection Line (PIL). The purpose of the Interview is to determine the travellers admissability into Canada as well as the admissability of any goods they are bringing with them.

Does the officer suspect a possible violation of IRPA or the Customs Act by the traveller?

During the interview, the BSO may pick up on indicators (traveller behaviour, attitudes, what they are saying, etc.) that cause them to suspect that the traveller may be in violation of the Immigration and Refugee Protection Act (IRPA), or the Customs Act.

Authorize entry

If during the interview, the BSO is satisfied and does not suspect violation of either Acts by the traveller, the interview is over and the traveller is authorized to enter Canada.

Refer traveller for a secondary examination

If the BSO is unable to negate any of the indicators present during the interview and does infact suspect that the traveller is in violation of either Act, the BSO will end the interview and refer the traveller for a secondary examination.

Will a search be conducted?

During a secondary examination, the traveller will be further questioned about the details of their trip and possibly be searched (either them or their baggage).

If the secondary officer does not feel that a search is necessary, the secondary examination will continue without a search.

Conduct secondary examination without search

Is there reasonable grounds for the search?

If the secondary officer does believe that a search is necessary, they must have reasonable grounds to conduct the search. For CBSA, a search may only be conducted if the officer believes, on reasonable grounds, that a person seeking entry into Canada has not revealed their identity, has hidden or concealed documents, or is in the possession of illegal or unathorized goods.

If the secondary officer conducts a search without the reasonable grounds to do so, they are in violation of Section 8 of the Canadian Charter of Rights and Freedoms. Section 8 of the Charter provides that everyone has the right to be protected against unreasonable search and seizure. CBSA's authority to search and seize is govened by the Charter, therefore, CBSA officers may only search and seize in a manner that meets this obligation under the Charter.

Violation of Section 8 of the Charter

When a officer CBSA is conducting an involuntary search, the person who is being searched is also considered to be detained on the same grounds of the search. As such, if a search is being conducting without reasonable grounds, the person being searched is also being detained without reasonable grounds. This violates Section 9 of the Charter, in that, this section provides that everyone has the right to not be arbitrarily detained or imprisoned.

Violation of Section 9 of the Charter

In addition to having the reasonable grounds to search a traveller, the CBSA officer must also read the traveller their rights prior to conducting the search. They must read an exeprt to the traveller that informs them of the reasons they are being searched/deatined, their right to obatin and instruct counsel, as well as a caution regarding anything they say.

Has the traveller been informed of their rights regarding the search?

If the CBSA officer does not read the traveller their rights prior to searching them, this is a violation of Section 10 of the Charter. Section 10 requires that all persons being arrested or detained must be advised of the reasons for their detention as well as their right to obatin and instruct counsel without delay. As perviously mentioned, when a person is being searched by CBSA officers, they are also considered to be detained on the same grounds of the search, therefore, the traveller must be read their rights prior to a search.

*Any information obtained before the person is informed of their Charter rights may be inadmissible

as evidence in subsequent prosecutions against the person.

Violation of Section 10 of the Charter

The search may begin

Given that the CBSA officer has reasonable grounds to search and has read the traveller their rights prior to the search, the search may begin. Types of searches include baggage searches, personal searches, and disrobement searches. There will be specifc procedures and steps depending on which is performed.

Was the search resultant?

Searches may be resultant or unresultant. Resultant means that items were discovered during the search that are either, fradulent, illegal, or unauthorized. Unresultant means that nothing of interest was found during the search

The traveller is free to leave

If the search is unresultant and the CBSA officer has no further questions, the traveller is free to leave and is authorized to enter Canada. The traveller may submit a grievance if they believe they were unrightfully searched.

If the search is resultant, the CBSA officer must complete a BSF667. The BSF667 is meant to ensure national consistency when documenting searches conducted under section 139(1) of IRPA. Within this form, officers must document what was found during the search, if any items were seized, and if the discovery of any items lead to an arrest or an Asked to Leave (ATL), in which the traveller is deined entry into Canada and asked to return to where they came from.

Complete BSF667

Canadian Charter of Right of Rights and Freedoms, s 8-10, Part one of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), c.11

Canada Border Services Agency. (2021). Search, seizure, fingerprinting, and photographing. https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf12-eng.pdf

References

Learn more about creating dynamic, engaging presentations with Prezi