Canadian Customs - A Situation and some Comments/Questions
#16
Join Date: Jan 2017
Posts: 1
I was a nexus member
I was a Nexxus member
and signed up because I was dating a Canadian. I visited about every other weekend. Sometimes more for over three years. I went through the fort Erie Border and then I started getting flagged every time in Nexus. We started going through lawyers at that point too because I was talking about moving in with him to get his sponsorship so it would stop. I wasn't bringing anything but me and clothing every other weekend for threeyears. The relationship ended sadly in 2011. Still in 2016, I'm still flagged.
and signed up because I was dating a Canadian. I visited about every other weekend. Sometimes more for over three years. I went through the fort Erie Border and then I started getting flagged every time in Nexus. We started going through lawyers at that point too because I was talking about moving in with him to get his sponsorship so it would stop. I wasn't bringing anything but me and clothing every other weekend for threeyears. The relationship ended sadly in 2011. Still in 2016, I'm still flagged.
#17
Suspended
Join Date: Feb 2008
Location: YKF
Programs: AC Elite 50K, Amex AP Plat, Choice Privileges, National Exec Elite, Via Prefrence
Posts: 2,996
To clarify one thing: The Canada Border Services Agency does adhere to the Vienna Convention and does afford foreign nationals their rights under Article 36 upon arrest or detention. A delay for Customs or Immigration examination does not constitute a detention any more than a sobriety checkpoint or the delay faced as a police officer writes up your speeding ticket.
Charter rights do not apply at the border (both in primary/secondary) for foreign nationals/non residents of Canada as investigative detentions are considered 'routine', as the expectation of privacy is severely diminished.
A Canadian, experiencing a delay at the border (save for questions found on an E311 which are considered routine and required to answer) can be found to be detained at any point, with full Charter rights, if:
a) they are knowledgeable in relevant case law and,
b) can get a CBSA officer to disclose/confirm certain things to them during inspection, which the CBSA are very good at not doing
In terms of OP's case, s/he can do an FOI on their traveller history and see what comes back. Given OP is a foreign national, I wouldn't be surprised if much is blacked out due to national security reasons.
OP also needs to know that Canada has access to all US government databases and their traveller history to/from all US Ports (regardless if travel transited Canada). Any problems with CBP (including port running), CBSA would have knowledge of.
Frequent crossings from a foreign national is a red flag. So is consistently using one port of entry and pivoting to another. Given your admittance that you choose a different port of entry (bridge vs tunnel) probably brought your ATS score over the edge for a more invasive secondary search.
CBSA officers are not required to truthfully answer questions regarding a traveller history (unless subpoenaed to do so), if there were risk factors indicated on OP's file. The last thing the CBSA would want to do is tip off the OP, especially if they are not a citizen/PR. "Nothing to worry about" or " I don't see anything wrong" is the same type of rhetoric one gets from an airline agent who wants to make you go away and become someone else's problem.
If one is crossing that often, I would expect to be searched both physically and electronically (permanently stored), which CBSA can do without a warrant. Expect additional scrutiny on
Last edited by kwflyer; Jan 11, 2017 at 7:20 pm
#18
Join Date: Apr 2000
Location: Toronto, Ontario, Canada
Posts: 3,665
Previous Port Runner
According to an on-line dictionary, port running is defined as "The practice of openly evading a customs inspection at a port of entry by refusing to stop one's vehicle when requested." For whatever reason the original inspector believed this applied from a previous incident. In that case, they would expect serious smuggling or evasion had occurred. FWIW, I have been a Nexus and GE member for years. It makes things much easier at airports and at the Niagara frontier crossings, with the special Nexus-only Whirlpool Bridge being a delight.
#19
Suspended
Join Date: Feb 2008
Location: YKF
Programs: AC Elite 50K, Amex AP Plat, Choice Privileges, National Exec Elite, Via Prefrence
Posts: 2,996
I was a Nexxus member
and signed up because I was dating a Canadian. I visited about every other weekend. Sometimes more for over three years. I went through the fort Erie Border and then I started getting flagged every time in Nexus. We started going through lawyers at that point too because I was talking about moving in with him to get his sponsorship so it would stop. I wasn't bringing anything but me and clothing every other weekend for threeyears. The relationship ended sadly in 2011. Still in 2016, I'm still flagged.
and signed up because I was dating a Canadian. I visited about every other weekend. Sometimes more for over three years. I went through the fort Erie Border and then I started getting flagged every time in Nexus. We started going through lawyers at that point too because I was talking about moving in with him to get his sponsorship so it would stop. I wasn't bringing anything but me and clothing every other weekend for threeyears. The relationship ended sadly in 2011. Still in 2016, I'm still flagged.
Nexus does not guarantee scrutiny at the border, especially if high risk factors are present.