Ontario Court of Appeals Strikes Down Law for CBSA Officers to Search Personal Electronic Devices at Border

Police on Guard is reporting that "In a case challenging the constitutionality of the search of digital devices at our borders, the Ontario Court of Appeal has ruled that the low threshold used to justify these searches is unconstitutional and inappropriately restricts the individual’s Charter rights.

The ruling acknowledges the unique issues associated with electronic devices, the vast and inherently personal information contained within, and the need for a higher threshold to justify these searches. The Crown argued the act of crossing the border is a choice and the resulting expectation of privacy is lowered; if you do not want your devices searched, your choice is to not travel. The appeal court correctly asserts that choosing between one protected right and another is not acceptable. That's a good point. Mobility rights are in the Charter and well as privacy rights.