Toronto Escorts

Lawyer complains about phone/computer siezed at border...

HornyTeddyBear

New member
Sep 8, 2014
77
0
0

bazokajoe

Well-known member
Nov 6, 2010
9,376
7,382
113
Big baby.Lawyer thinks he is special? He got selected for screening.Suck it up buttercup.
 

Frankfooter

dangling member
Apr 10, 2015
81,020
17,975
113

rhuarc29

Well-known member
Apr 15, 2009
9,601
1,201
113
Big baby.Lawyer thinks he is special? He got selected for screening.Suck it up buttercup.
What, because of the attorney/client privilege thing? I think he has a very valid point, considering border services have acknowledged their agents are supposed to avoid anything that may infringe on it. In practice though, I highly doubt they do any such thing.
 

bazokajoe

Well-known member
Nov 6, 2010
9,376
7,382
113
What, because of the attorney/client privilege thing? I think he has a very valid point, considering border services have acknowledged their agents are supposed to avoid anything that may infringe on it. In practice though, I highly doubt they do any such thing.
Of course they won't.They are looking for money transfers,dealings with criminals or other illegal issues.They don't care about his attorney/client dealings.
Our countries security comes at a price.Everybody wants a secure border but when they get pulled in and questioned they get all pissy.If he would have just complied he would have been on his way in about an hour.
Sounds like he is trying to make a name for himself.
 

Mable

Active member
Sep 20, 2004
1,379
11
38
"Public Safety spokesperson Bardsley also said that CBSA officers understand the importance of solicitor-client privilege and are instructed not to examine documents that fall within that scope."

I have serious doubt if the border agents are competent to determine what subject matter actually falls under solicitor/client privilege. The issues can get very complex. And, searching your phone/computer now is like searching your home/office. The issues here are really very important, extensive and require clarification. Some responses to this article might change if your lawyer got searched at the border and agents found and published compromising information about YOU.

From our fearless government: "While the law is unsettled, CBSA policyFootnote 1 states that examinations of personal devices should not be conducted as a matter of routine; such searches may be conducted only if there are grounds or indications that “evidence of contraventions may be found on the digital device or media.” Was that the case here?
 

Knuckle Ball

Well-known member
Oct 15, 2017
6,855
2,866
113
"Public Safety spokesperson Bardsley also said that CBSA officers understand the importance of solicitor-client privilege and are instructed not to examine documents that fall within that scope."

I have serious doubt if the border agents are competent to determine what subject matter actually falls under solicitor/client privilege. The issues can get very complex. And, searching your phone/computer now is like searching your home/office. The issues here are really very important, extensive and require clarification. Some responses to this article might change if your lawyer got searched at the border and agents found and published compromising information about YOU.

From our fearless government: "While the law is unsettled, CBSA policyFootnote 1 states that examinations of personal devices should not be conducted as a matter of routine; such searches may be conducted only if there are grounds or indications that “evidence of contraventions may be found on the digital device or media.” Was that the case here?
Doesn’t sound like it. It seems like the CBSA just randomly demanded to see his electronic devices.
 

Jasmine Raine

Well-known member
Jul 28, 2014
4,048
48
48
Of course they won't.They are looking for money transfers,dealings with criminals or other illegal issues.They don't care about his attorney/client dealings.
Our countries security comes at a price.Everybody wants a secure border but when they get pulled in and questioned they get all pissy.If he would have just complied he would have been on his way in about an hour.
Sounds like he is trying to make a name for himself.
I get his fight but I think it had more to do with his idea of principles over actual concern for clients info.

I just took a trip and spent a day cleaning up my phone, then a day of deleting apps and accounts, clearing cache, etc. Then a couple of days of surfing to create a history and then finally after coming back from my trip, another day of putting it all back together. Was a pain in the ass, but got to do it. With smartphones the way they are now, you can delete and install things pretty easy. Delete an internet account and all the contacts, emails, and calendars associated are wiped and when you reinstall, it is all back. Lawyers should be doing that when traveling.
 

icespot

Well-known member
Jul 7, 2005
1,692
84
48
https://www.cbc.ca/news/business/cbsa-boarder-security-search-phone-travellers-openmedia-1.5119017

CBSA claims 38% of device seizures result in evidence of a violation. Other then the expected things (paedophelia drugs smuggling evidence) does anyone have any idea what they are looking for?
They are fishing that's all, it's a well known fact that police forces in Canada are wrong 70% of the time, and CBSA by the looks of it is wrong 62% of the time.

That's the price we are willing to pay for safety.

it's also a way to justify the labor cost, without any seizures their is less money allocated to resources.

I know that back in 2010, CSiS could copy a 500G full hard drive in 3 minutes, now they most have better toys. If they really thought that dude was up to no good, they would have been waiting for him, and wouldn't have needed to seize his devices.

But that CBSA agent probably got into a passing mach, case will move to the courts, new case law will be made and it will be harder to catch bad guys.
 

Intrepid416

Active member
Jan 25, 2005
821
93
28
Just assume that no matter who you are, you can be searched. Yes, one can be a "lawyer" and think you have special rights.....go ahead and fight for it and get a top court ruling in 3 years.

In the meantime, assume that you can be searched. When traveling, have travel insurance (can encourage this enough and get it for other provinces, too, as OHIP does not automatically cover everything you'd think they would) and have clear phones and tablets. Both for going into another country and returning. The Americans like to search, too......
 

Knuckle Ball

Well-known member
Oct 15, 2017
6,855
2,866
113
I still don’t get how the border services officers are entitled to search through all of your electronic shit without cause.

Good to know this tho...I’m just gonna leave all of my electronic devices at home when I travel.
 

drstrangelove

Well-known member
Mar 26, 2004
1,169
252
83
Totally agree. Doesn't make much sense to me that people inside Canada can't be searched without proper cause, but at the border they can be.

It's even worse in the US, border agents can stop and question anyone within 100 miles of a border.
 

Mable

Active member
Sep 20, 2004
1,379
11
38
I still don’t get how the border services officers are entitled to search through all of your electronic shit without cause.

Good to know this tho...I’m just gonna leave all of my electronic devices at home when I travel.
Primarily because the issues have not been adjudicated up to the Supreme Court of Canada, and so the heavy arm of the state comes crashing down; they will do whatever they think they can get away with. And so, it takes people like the lawyer involved in this situation to make a "test case" out of it. Negative characterizations of the man aside, he is doing all of us a favor if he continues to fight.
 

The "Bone" Ranger

tits lover
Aug 5, 2006
4,227
29
48
I get his fight but I think it had more to do with his idea of principles over actual concern for clients info.

I just took a trip and spent a day cleaning up my phone, then a day of deleting apps and accounts, clearing cache, etc. Then a couple of days of surfing to create a history and then finally after coming back from my trip, another day of putting it all back together. Was a pain in the ass, but got to do it. With smartphones the way they are now, you can delete and install things pretty easy. Delete an internet account and all the contacts, emails, and calendars associated are wiped and when you reinstall, it is all back. Lawyers should be doing that when traveling.
Sounds like too much work - you are better off getting a cheap unlocked phone and a US roaming sim card.
 

basketcase

Well-known member
Dec 29, 2005
59,889
6,347
113
What, because of the attorney/client privilege thing? I think he has a very valid point, considering border services have acknowledged their agents are supposed to avoid anything that may infringe on it. In practice though, I highly doubt they do any such thing.
I would expect that any information seized from a lawyer's computer that is privileged would never be allowed into court and any investigation based on that info would also be tossed (or at least that's what Law And Order has taught me.
 

Knuckle Ball

Well-known member
Oct 15, 2017
6,855
2,866
113
Primarily because the issues have not been adjudicated up to the Supreme Court of Canada, and so the heavy arm of the state comes crashing down; they will do whatever they think they can get away with. And so, it takes people like the lawyer involved in this situation to make a "test case" out of it. Negative characterizations of the man aside, he is doing all of us a favor if he continues to fight.
Thank you!
 
Ashley Madison
Toronto Escorts