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-   -   Complaints about Customs (https://www.flyertalk.com/forum/canada/810328-complaints-about-customs.html)

Braindrain Apr 19, 2008 10:51 am

Either that, or he's had enough of the b!tching...

tcook052 Apr 19, 2008 11:27 am


Originally Posted by Braindrain (Post 9600049)
Either that, or he's had enough of the b!tching...

Well, shoulda thought of that when he/she created the thread asking for "complaints". @:-)

;)

AnselmAdorne Apr 19, 2008 11:30 am


Originally Posted by tcook052 (Post 9600183)
Well, shoulda thought of that when he/she created the thread asking for "complaints". @:-)

;)

The "Sing the praises of CBSA here" thread didn't get much action. ;)

Sopwith Apr 19, 2008 4:01 pm

Just came through Customs A at YYZ today. Several hundred pax in line, the hall was FULL, and only about 1/3 of the stations were open. There were so many connecting pax being shunted ahead of us into ALL of the booths the line for terminating pax barely moved.

Disgraceful!

Simon Apr 19, 2008 5:10 pm

Clearly CBSA is unaware of incoming flight schedules. :rolleyes:

YOWkid Apr 19, 2008 8:02 pm

Or maybe CBSA is short staffed? Or maybe some people called in sick?

Many possibilities but I am willing to bet that it's not because they are unaware of incoming flight skeds.

YOWkid Apr 19, 2008 8:03 pm


Originally Posted by Sanosuke (Post 9598529)
YOWKid, just be careful about that button next time you go to China.. ;) They might think you are flirting with the female officer... ;)

Sanosuke!

I won't have to worry about pushing buttons if I'm going there on a green passport. ;)

st7860 Apr 19, 2008 8:06 pm


Originally Posted by YOWkid (Post 9601825)
I won't have to worry about pushing buttons if I'm going there on a green passport. ;)

do you have exequatur ?

Simon Apr 20, 2008 7:06 am


Originally Posted by YOWkid (Post 9601819)
Or maybe CBSA is short staffed? Or maybe some people called in sick?

Many possibilities but I am willing to bet that it's not because they are unaware of incoming flight skeds.

Given this is the same crew that decided "oh, let's 'work to rule' and send EVERYONE with laptops to secondary" one night, I wouldn't put anything past them.

Simon

acysb87 Apr 20, 2008 8:54 am

Haven't heard from CBSAguy in a couple of days - maybe he's been shot down by his fellow FTers?


Had propofol written his post this way,i might tend to agree.;)

taupo Apr 20, 2008 9:10 am


Originally Posted by acysb87 (Post 9603476)
Haven't heard from CBSAguy in a couple of days - maybe he's been shot down by his fellow FTers?


Had propofol written his post this way,i might tend to agree.;)

It would be too bad if he has gone. For the most part people did not attack him, when it did happen others defended him.

I would not be surprised if CBSA became aware of the thread and sent a subsequent email to all YYZ based CBSA personnel to cease and desist. What they don't realise, is that CBSAguy was an asset to them.

Sopwith Apr 20, 2008 3:02 pm


Originally Posted by Simon (Post 9603146)
Given this is the same crew that decided "oh, let's 'work to rule' and send EVERYONE with laptops to secondary" one night, I wouldn't put anything past them.

Simon

At LHR you don't have to pull your laptop out of the bag any more. The guy was not exactly irritated, but made a point of mentioning to several pax that everyone misses the big green sign that says so.

ricktoronto Apr 21, 2008 9:16 am


Originally Posted by CBSAguy (Post 9559468)
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.
.

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.

st7860 Apr 21, 2008 9:18 am


Originally Posted by ricktoronto (Post 9608019)
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.

he's a card carrying B S O what would you expect other than blind allegiance to the CBSA

CBSAguy Apr 21, 2008 12:07 pm


Originally Posted by ricktoronto (Post 9608019)
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.


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