Whether border officials can force you to provide password hasn’t been tested in Canadian courts
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.”
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