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Information & Ethics committee  One option would be that if an officer would like to search a cellphone, he would need to fill out a piece of paper and ask a supervisor to sign off. There would be a report written, not only about the decision to search an electronic device but what they are looking for on that

September 27th, 2017Committee meeting

Cyndee Todgham Cherniak

Information & Ethics committee  I think it would be a great idea to have someone other than the CBSA looking at the CBSA activities, especially in connection with electronic device searches and solicitor-client privilege at the border. There needs to be someone other the CBSA policing their own.

September 27th, 2017Committee meeting

Cyndee Todgham Cherniak

Information & Ethics committee  At the present time, the CBSA can search your briefcase. As a traveller, they can search your briefcase. As a lawyer, they can search your briefcase. According to the policy, if they come across documents marked “solicitor-client privilege”, then they might stop the search. But h

September 27th, 2017Committee meeting

Cyndee Todgham Cherniak

Information & Ethics committee  Based on my experience as a lawyer, there are a number of mechanisms already. There is a complaints process, but there is not a lot of back and forth with the complainer in that process. Also, it's going to the CBSA; it's not going to someone else looking at the actions of the CB

September 27th, 2017Committee meeting

Cyndee Todgham Cherniak

Information & Ethics committee  Again, I don't have my CBA hat on in answering your question; I have an individual hat on. I am a customs lawyer. I deal with people who get their NEXUS passes taken away on a regular basis, and I can tell you that the CBSA does look at cellphones and laptops at airports in addit

September 27th, 2017Committee meeting

Cyndee Todgham Cherniak

Information & Ethics committee  —because you had CATSA and the CBSA at the same time, but I can assure you, that if you look at narrative reports by the CBSA, you will find many incidents of review of cellphones at airports.

September 27th, 2017Committee meeting

Cyndee Todgham Cherniak

Information & Ethics committee  An issue of great importance to the Canadian Bar Association is solicitor-client privilege. Solicitor-client privilege is fundamental to the proper functioning of the Canadian legal system. As a result, steps must be taken to ensure that solicitor-client privilege is protected at

September 27th, 2017Committee meeting

Cyndee Todgham Cherniak