Canada Border Services Agency

[16] One of the first significant policy changes to come to the agency was allowing CBSA officers to arrest and detain individuals at the border for non-customs related violations of Canadian law.

These responsibilities would eventually lead to the implementation of use of force policies, after which BSOs across Canada began to carry collapsible batons, pepper spray, and handcuffs, though it would take several years before they could be equipped with firearms.

[17] In August 2021, around 8,500 employees of the Agency represented by the Public Service Alliance of Canada and the Customs and Immigration Union went on a work-to-rule strike, just days before COVID-19 restrictions on crossing the Canada–United States border were due to be eased.

[25] New and updated examination protocols now include: On 7 January 2020, Privacy Commissioner Daniel Therrien announced that the Agency had violated the law by carrying out unduly invasive searches of personal digital devices.

While residents could lawfully travel to France, the expensive airfare has made the relatively short 5.5-nautical-mile (10 km; 6 mi) boat ride to the Canadian province of Newfoundland and Labrador more attractive for destitute economic migrants.

In addition to the border and port risk assessment processes, the intelligence directorate provides daily, weekly, and monthly updates on specific threats and trends in unlawful activities.

Intelligence officers and analysts frequently participate in tactical and operational law enforcement activities such as search warrants, arrests, surveillance, the recruitment and retention of confidential informers, interviews of detainees, and the analysis of seized goods and evidence.

Although other tools are available to BSOs, detector dogs are highly efficient in their ability to accurately locate the source of a scent and thus can save time in labour-intensive examinations of vehicles, luggage, and cargo.

In the wake of the September 11 attacks on the United States, Canada's border operations had to place enhanced emphasis on national security and public safety.

As a result, the United States established the Department of Homeland Security (DHS) led by Secretary Tom Ridge, who would partner with Canada's Deputy Prime Minister at the time, John Manley, to create the bi-national Smart Border Declaration in December 2001.

The two major signatories to the Declaration were Canadian Deputy Prime Minister John Manley and then-US Director of Homeland Security Tom Ridge.

The accord was set up to facilitate the cross-border flow of travelers and goods, consisting of 30 points of common interest[39] to improve both security and trade between the two countries.

Included in the plan are initiatives to improve the biometric features of Permanent Resident Cards in both Canada and the US, sharing Advanced Passenger Information and creating compatible immigration databases.

There are four main pillars to the Action Plan: Integrated Border Enforcement Teams (IBET) were created as a part of the Accord to consolidate the law-enforcement and intelligence-gathering expertise of different agencies in both countries.

[49] The project aims to improve border security and efficiency, and once completely implemented, ACI will require that all commercial cargo entering Canada be electronically registered with the CBSA.

The data is available to Customs officials at each of Canada's major ports, and any anomalies can be investigated by mobile teams with secure, wireless access to the database.

Phase 3 implemented eManifest, which requires the electronic transmission of advance cargo and conveyance information from carriers for all highway and rail shipments.

[51] In August 2018, the British Columbia Civil Liberties Association (BCCLA) published a guide surrounding searches of electronic devices at the border.

[52] The BCCLA guide cautions travelers that Canadian courts have not yet established if searches of electronic devices without suspicion are considered “an unreasonable invasion of privacy”.

[53] On November 12, 2019, a federal court in Boston, USA ruled that the government must have reasonable suspicion of digital contraband before searching electronic devices at U.S. border crossings.

Philippon was then charged with hindering an officer's job under section 153.1(b) of the Customs Act, which carries a maximum sentence of twelve months imprisonment and a CA$25,000 fine.

The plea meant that no Charter challenge was to be raised, thus leaving unanswered the question of whether or not refusing to provide a password to a customs officer is considered hindering.

[58] In January 2018, Gurbir Singh, an Indian national studying in Canada, was arrested by CBSA officers and subsequently charged with possession of child pornography.

Officer Buechert originally sought to continue his search based on gathering evidence for smuggling charges under the Customs Act, rather than a Criminal Code offense.

[60] In October 2020, the Alberta Court of Appeal ruled a federal Customs Act section dealing with inspection of goods violates the charter when it comes to searching digital devices.

[61] The court found the Canada Border Services Agency infringed on the rights of two men charged with pornography offenses after a search of their cell phones at the Edmonton international airport.

The court also suspended the declaration of invalidity of the relevant section of the Customs Act for one year to provide Parliament with the opportunity to amend the legislation to determine how to address searches of personal electronic devices at the border.

On April 20, 2022 Justices Jo’Anne Strekaf and Ritu Khullar denied the government’s request for a second six-month extension,[66] writing that “public confidence is undermined when a law that has been declared to be unconstitutional continues to have effect in other than extraordinary circumstances.” In 2010, CBSA Officer Daniel Greenhalgh from BC's Peace Arch border crossing was convicted of sexually assaulting women in three separate incidents after ordering at least four unauthorized strip searches.

[71] Beginning in 2012, the CBSA participated in a TV documentary series produced by National Geographic called Border Security: Canada's Front Line.

[73] In 2013, while filming for the show, the CBSA conducted a raid on a construction site in Vancouver, leading to the arrest of a Mexican national, Oscar Mata Duran.

CBSA officers with Vancouver Police in Vancouver, BC .
Automated passport control kiosks at Toronto Pearson International Airport
Immigration Holding Centre in Laval , Quebec, one of the three in the country
CBSA and RCMP members share information on the survey research vessel Strait Hunter, simulating a migrant vessel, during Frontier Sentinel (2012)
CBSA and RCMP members share information on the survey research vessel Strait Hunter, simulating a migrant vessel, during Frontier Sentinel (2012)
Canadian Border Services Agency leaders meet U.S Customs and Border Protection Officials in October 2018
A Dodge Charger in CBSA service
U.S. and Canadian border agents