1. antonio266's Avatar
    Source: CBC

    A Quebec man charged with obstructing border officials by refusing to give up his smartphone password says he will fight the charge.

    The case has raised a new legal question in Canada, a law professor says.

    Alain Philippon, 38, of Ste-Anne-des-Plaines, Que., refused to divulge his cellphone password to Canada Border Services Agency during a customs search Monday night at Halifax Stanfield International Airport.

    Philippon had arrived in Halifax on a flight from Puerto Plata in the Dominican Republic. He's been charged under section 153.1 (b) of the Customs Act for hindering or preventing border officers from performing their role under the act.

    According to the CBSA, the minimum fine for the offence is $1,000, with a maximum fine of $25,000 and the possibility of a year in jail.

    Philippon did not want to be interviewed but said he intends to fight the charge since he considers the information on his phone to be "personal."

    The CBSA wouldn't say why Philippon was selected for a smartphone search.

    In an email, a border services spokesperson wrote, "Officers are trained in examination, investigative and questioning techniques. To divulge our approach may render our techniques ineffective. Officers are trained to look for indicators of deception and use a risk management approach in determining which goods may warrant a closer look."​

    Rob Currie, director of the Law and Technology Institute at the Schulich School of Law at Dalhousie University, said that under Canadian law, travellers crossing the Canadian border have a reduced expectation of privacy.

    He said border officials have wide-ranging powers to search travellers and their belongings.

    "Under the Customs Act, customs officers are allowed to inspect things that you have, that you're bringing into the country," he told CBC News. "The term used in the act is 'goods,' but that certainly extends to your cellphone, to your tablet, to your computer, pretty much anything you have."

    Philippon has been released on bail, and will return to court in Dartmouth on May 12 for election and plea.

    Not tested yet in court

    Currie said the issue of whether a traveller must reveal a password to an electronic device at the border hasn�t been tested by a court.

    "This is a question that has not been litigated in Canada, whether they can actually demand you to hand over your password to allow them to unlock the device," he said. "[It's] one thing for them to inspect it, another thing for them to compel you to help them."

    Currie said the obstruction case hinges on that distinction.

    "[It's] a very interesting one to watch."
    OTCHRussell likes this.
    03-05-15 08:47 PM
  2. BB_Junky's Avatar
    I hope he wins this case, unless your already arrested and being held on criminal charges they should have no rights to make you unlock your device. These charges of course were laid after he refused, they soon forget innocent until proven guilty.
    03-05-15 08:55 PM
  3. anon(8063781)'s Avatar
    I agree. I don't understand why a Canadian returning to Canada should have "a reduced expectation of privacy." I understand that my rights are limited when I leave Canada, but there's no reason why they should be limited when I'm back on Canadian soil, unless there's probable cause and a warrant issued.
    03-05-15 08:59 PM
  4. antonio266's Avatar
    I know, there is no privacy, or right to privacy anymore... WTF Canada.
    Alain_A and acovey like this.
    03-05-15 09:13 PM
  5. masterscarhead1's Avatar
    I believe USA has already dictated that unless there is an imminent threat of national security, even when arrested, you are not required to give your password
    03-05-15 09:15 PM
  6. Prem WatsApp's Avatar
    I agree. I don't understand why a Canadian returning to Canada should have "a reduced expectation of privacy." I understand that my rights are limited when I leave Canada, but there's no reason why they should be limited when I'm back on Canadian soil, unless there's probable cause and a warrant issued.
    Upload all data to private cloud, then wipe phone before crossing border. Put dummy data back on, if desired (lol, stock photos anyone??). Done.

    Restore at home via cloud download. Totally legal, I believe. If "they" wanna play tricks and don't stick to a certain given set of (human rights?) rules, "we" can play tricks, too.

    If I had had a backup, I would've been 'confused' or 'nervous' (I certainly would've been, even though I've "got nothing to hide") and typed the pw 5x after "enter blackberry".

    No legal advice ^, but I don't think I would have committed an offense with the cloud upload thing, right? Anyone care to enlighten? Thanks.

    :-)

    �   "Oh Classic, you are the fairest here so true. But Passport is a thousand times more powerful than you..." (no offense, Classic is a great device, when it's charged)   �
    BB_Junky likes this.
    03-05-15 09:16 PM
  7. Prem WatsApp's Avatar
    I believe USA has already dictated that unless there is an imminent threat of national security, even when arrested, you are not required to give your password
    Wow, how progressive... :-)

    �   "Oh Classic, you are the fairest here so true. But Passport is a thousand times more powerful than you..." (no offense, Classic is a great device, when it's charged)   �
    03-05-15 09:18 PM
  8. lift's Avatar
    The Canada Border Service agents probably looked at his phone and thought "Hey, this guy is using a BlackBerry. They are supposed to be secure. He must be hiding something".
    extisis likes this.
    03-05-15 10:08 PM
  9. byex's Avatar
    He won't win his case.
    Border agents have far more sweeping powers in search than your local law enforcement. The customs act gives them the right to search any and all electronic devices. They don't need probable cause, or a warrant.



    Posted via CB10
    CerveloJohn likes this.
    03-05-15 10:35 PM
  10. byex's Avatar
    I agree. I don't understand why a Canadian returning to Canada should have "a reduced expectation of privacy." I understand that my rights are limited when I leave Canada, but there's no reason why they should be limited when I'm back on Canadian soil, unless there's probable cause and a warrant issued.
    You're not back on Canadian soil until you're done with customs. Whole different set of laws and regulations when dealing with customs. They don't need any warrants or probable cause.


    Posted via CB10
    CerveloJohn likes this.
    03-05-15 10:40 PM
  11. anon(8063781)'s Avatar
    You're not back on Canadian soil until you're done with customs. Whole different set of laws and regulations when dealing with customs. They don't need any warrants or probable cause.


    Posted via CB10
    That is definitely what they would like you to accept. I have charter rights that supersede statutes though. I will be interested to see how this plays out in court.

    -- Sent from my Palm Pre3 using Forums
    RyanGermann likes this.
    03-05-15 10:56 PM
  12. Warlack's Avatar
    I believe the officer just got pissed that he couldn't play with a passport.....

    Posted via CB10
    extisis and fanisk like this.
    03-05-15 11:09 PM
  13. Tornado99's Avatar
    Even with the password, would they be able to figure out the bbos to launch anything? "Where's the damn home button on this thing?"

    Wonder how they would deal with picture password?


    This Passport takes me places!
    anon(8063781) and FF22 like this.
    03-05-15 11:32 PM
  14. Warlack's Avatar
    For some reason, when I travel with my phones ( currently Z30 and PP) I swap the encrypted SD cards just in case.... don't want others seeing my pictures and stuff.....
    Never been asked about my minimum of two phones and minimum of 2 notebooks and at least 2 external drives

    Posted via CB10
    03-05-15 11:38 PM
  15. Prem WatsApp's Avatar
    Even with the password, would they be able to figure out the bbos to launch anything? "Where's the damn home button on this thing?"

    Wonder how they would deal with picture password?


    This Passport takes me places!
    Built-in (S)NOO(P/B) protection,
    LOL... :-)

    ROTFL :-DDDD

    �   "Oh Classic, you are the fairest here so true. But Passport is a thousand times more powerful than you..." (no offense, Classic is a great device, when it's charged)   �
    03-06-15 01:09 AM
  16. thymaster's Avatar
    I've been phone searched once. It was a humiliating event. I was threaten by the officers to give up my password or they would hold me back and so I did. The officer laughed at me when they read my text. I'm not a terrorist or a drug dealer but my text consist of dirty messages of random hook ups and dating. I was disgusted that these border officers can put on a laugh as they go through my text messages and even read a couple of sentence out loud. After 15 min I asked them if they were done because my flight was about to take off? They gave my phone back and I returned back a comment "there will be a complaint".

    It's despicable of a nation like Canada can commit a offensive act. These officers have no right. It's harassment and especially when I fall in the minority race it just makes you feel really low about yourself.
    Last edited by thymaster; 03-06-15 at 05:57 AM.
    kbz1960 and melb_me like this.
    03-06-15 05:03 AM
  17. Raestloz's Avatar
    He won't win his case.
    Border agents have far more sweeping powers in search than your local law enforcement. The customs act gives them the right to search any and all electronic devices. They don't need probable cause, or a warrant.



    Posted via CB10
    They may search the device, the problem is whether forcing you to unlock the device is exactly the same as forcing you to open your luggage. If he can make the judge think that no, a password is not the same as a physical key, then he may win the case.

    Z10STL100-1/10.3.1.2243
    03-06-15 05:20 AM
  18. JeepBB's Avatar
    Wow, how progressive... :-)

    �   "Oh Classic, you are the fairest here so true. But Passport is a thousand times more powerful than you..." (no offense, Classic is a great device, when it's charged)   �
    Sadly, it's a lost battle.

    The Canadian authorities will undoubtedly win IMO.

    In the UK, the RIPA Act makes it an offence to refuse to reveal passwords (though a Court Order is required first). People have already gone to prison for it.

    And, as I believe you hail from there, Australia has had much the same legislation since 2001.
    03-06-15 05:56 AM
  19. AnimalPak200's Avatar
    They may search the device, the problem is whether forcing you to unlock the device is exactly the same as forcing you to open your luggage. If he can make the judge think that no, a password is not the same as a physical key, then he may win the case.

    Z10STL100-1/10.3.1.2243
    I don't get how this is even a case being considered by the courts.

    It's the same as having a unique key that unlocks your car? Border agents regularly ask drivers crossing the border to open their trunk,.. and most anyone complies.

    This is a no brainer. I imagine the ruling will state that while you don't need to give them your password (just like how you don't need to provide a permanent copy of your car key), you do have to "open it" for them.

    There can be no privacy expectation when entering a country. If you do expect that,.. then you have obviously never had to go through immigration proceedings.

    Posted via CB10
    03-06-15 06:15 AM
  20. RH1Pearl's Avatar
    No difference with having a briefcase with an electronic lock, the owner has to open it. I also got the Michael Jackson treatment one time because I went to the wrong line at customs. An internal glove search to me is more intrusive and abusive than a phone search.
    03-06-15 06:29 AM
  21. AluminiumRims's Avatar
    What on earth are they looking for in the mobile phones?
    03-06-15 06:39 AM
  22. AnimalPak200's Avatar
    What on earth are they looking for in the mobile phones?
    Anything. Could be as dumb as,.. pirated music. Lol

    Posted via CB10
    03-06-15 06:42 AM
  23. Raestloz's Avatar
    I don't get how this is even a case being considered by the courts.

    It's the same as having a unique key that unlocks your car? Border agents regularly ask drivers crossing the border to open their trunk,.. and most anyone complies.

    This is a no brainer. I imagine the ruling will state that while you don't need to give them your password (just like how you don't need to provide a permanent copy of your car key), you do have to "open it" for them.

    There can be no privacy expectation when entering a country. If you do expect that,.. then you have obviously never had to go through immigration proceedings.

    Posted via CB10
    I heard that in the US you're allowed to keep your mouth shut when officers search your belongings and question you, although you will still have to comply when they ask you to hand over your belongings.

    A password is not like a physical key. As far as I remember, in Canada you're required to hand over your physical belongings, which certainly would take physical key into account, but information like password does not currently have such a requirement. Of course, that's when you're being searched as an innocent or suspect, not when you're already charged with something

    Z10STL100-1/10.3.1.2243
    03-06-15 07:35 AM
  24. AnimalPak200's Avatar
    Why is a password not like a physical key for all practical purposes in this context?

    Posted via CB10
    03-06-15 07:37 AM
  25. jojo beaconsfield's Avatar
    03-06-15 08:03 AM
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