Originally Posted by
CBSAguy
About CBSA authority upon departure: We do have pretty much the same authority departing as arriving. Of course, there are no exit controls for most people in Canada. The one exception I can think of are inadmissible foreign nationals admitted under a temporary resident permit, which may include the condition of confirming their departure. From a Customs point of view, the main use of this authority is the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as well as strategic export control.
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Well not quite. The authority they have requires reasonable , e.g. probable cause to detain or question people leaving under either Customs or AML-ATF laws, and it says so in both laws quite clearly.
I did complain to my MP who got them by writing to Stockwell Day, to curtail roaming on the flights I was concerned about. Standing 3 abreast in the jetway interrogating everyone without probable cause violates your Charter rights against detention and against searches.
Customs Act:
98. (1) An officer may search
(c) any person who has had access to an area designated for use by persons about to leave Canada and who leaves the area but does not leave Canada, within a reasonable time after he leaves the area,
if the officer suspects on reasonable grounds that the person has secreted on or about his person anything in respect of which this Act has been or might be contravened, anything that would afford evidence with respect to a contravention of this Act or any goods the importation or exportation of which is prohibited, controlled or regulated under this or any other Act of Parliament.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Searches Search of the person
15. (1) An officer may search
( a) any person who has arrived in Canada, within a reasonable time after their arrival in Canada,
( b) any person who is about to leave Canada, at any time before their departure, or
( c) any person who has had access to an area designated for use by persons about to leave Canada and who leaves the area but does not leave Canada, within a reasonable time after they leave the area,
if the officer suspects on reasonable grounds that the person has secreted on or about their person currency or monetary instruments that are of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) and that have not been reported in accordance with that subsection.
Thus sweeping inquiries of everyone departing are unlawful.