Originally Posted by
ricktoronto
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.
You are wrong. The authority to question under these acts does not require reasonable grounds to suspect.
Both section 98 of the Customs Act and section 15 of the Proceeds of Crimes (Money Laundering) and Terrorist Financing Act refer to searches of a person. An officer may search a person under section 98, for example, if he has reasonable grounds to suspect the person is smuggling drugs that he has strapped to his body. A similar search may be conducted under section 15 of the PCMLTFA if, for instance, the officer has reasonable grounds to suspect a person has hidden $10,000 or more under his clothing for import or export.
A tried and true method of developing reasonable grounds to suspect is by asking questions.