Complaints about Customs
#362
A FlyerTalk Posting Legend


Join Date: May 2002
Location: YEG
Programs: HH Silver
Posts: 57,068
#364




Join Date: Feb 2007
Location: YVR
Programs: Erstwhile Accidental AC E35K
Posts: 3,195
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!
Disgraceful!
#367
FlyerTalk Evangelist


Join Date: Nov 2002
Location: Chilling with penguins
Posts: 13,050
#369




Join Date: Dec 2002
Location: YYZ/YOW
Programs: AC SE 2MM * DL MM * HH Diamond * Marriott Lifetime Titanium * Queen's '92
Posts: 5,986
Simon
#371
Join Date: May 2003
Programs: NZ Silver, AC SE100K, Westjet, Marriott, Global Entry
Posts: 6,873
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.
#372




Join Date: Feb 2007
Location: YVR
Programs: Erstwhile Accidental AC E35K
Posts: 3,195
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.
#373


Join Date: Aug 2002
Location: YYZ/MGA
Programs: AA 1MM Lifetime Gold, AA Platinum, WS Gold, Marriott Bonvoy Gold
Posts: 7,618
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.
.
.
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.
Last edited by ricktoronto; Apr 21, 2008 at 9:27 am
#374
Join Date: Mar 2007
Programs: AEROPLAN
Posts: 820
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.
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.
#375
Original Poster
Join Date: Mar 2008
Posts: 97
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.
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.
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.



