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Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

cbc.ca

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Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#151

Earlier quoted context omitted.

Honestly, that's not something you can expect from regular non-power users. Full-disk encryption isn't enabled by default on most consumer laptops, and few regular users go out of their way to set it up.

Full disk encryption is the default on MacOS Mojave.

> Full disk encryption is the default on MacOS Mojave.

But many people don't use a strong password/phrase.

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#152
post #57

Earlier quoted context omitted.

You will never be able to prove parallel construction happened.

edit: wrote comment about Herring v. United States but this is a Canadian case.

Why do people feel a need to post laws and such which are not relevent to the discussion?

This is hosted on CBC (Canada broadcasting corp) and clearly this is about the "Canada Border Services Agency (CBSA)"

what does US laws have to do with this?

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#153

Earlier quoted context omitted.

>> Can this be used to get whatever case(es) he was defending thrown out because solicitor-client privilege was violated or parallel construction was used? That isn't what this is about. Nobody is talking about what this is really about and it isn't anything to do with him being a lawyer. This guy (1) was traveling alone (2) to a distant (3) and poor (4) country without preexisting business ties (5). Those are all re…

What is wrong with sex tourism?

"Sex tourism" is usually implied to mean sex with people who are either underage or somehow unwilling.

Travelling abroad as a tourist for sex, with willing and legal participants, is obviously fine.

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#154
post #143

Earlier quoted context omitted.

Guatemala is well known as a drug transport point. Plenty of the politicians there were caught being directly involved. Which, along with other contraband, accounts for the majority of the customs actual work and far more likely to be the concern with any traveller from there: https://www.reuters.com/article/us-guatemala-politics/guatem... https://www.insightcrime.org/investigations/the-zetas-in-gua... http://latinal…

Don't use american definitions of "probably cause". Canada is a different country and defines probably cause very differently. Canada has a different relationship with its boarders than America. The physical scale is are different. Sovereignty is different. Canada's "charter rights" are different than american "constitutional" rights. Canada placed greater trust in individual enforcement officers and, generally, does…

Probable cause is a core part of the Canadian charter:

> 3) based on reasonable and probable grounds to believe that an offence has been committed and there is evidence to be found at the place to be search.

https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/chec...

This is not some unique American concept. Otherwise I don't see what point you're trying to make...

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#155

Earlier quoted context omitted.

What is wrong with sex tourism?

Yikes. In case you're serious, it's the slavery, and children.

I think you’re thinking of sex trafficking. The John being a tourist is orthogonal to the prostitute being a victim of trafficking. Many sex tourists visit Germany, for example, where prostitution is a safe, unionized profession.

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#156

Earlier quoted context omitted.

What is wrong with sex tourism?

Really? I think you know. I'm not going to spell it out. Edit: fine. I guess some people here need the talk . This is about the phenomena of men traveling from rich countries to poor countries to engage in sex with children. Not this guy, but it does happen. These men often return with digital images stored on laptops and cellphones. Possession of such images is illegal in canada and so Canadian boarder services targ…

They may be referring to the legal aspect, that it does not mean they are a criminal. It is more of a rightly so frowned upon moral issue, but legally is usually okay.

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#157

Earlier quoted context omitted.

What is wrong with sex tourism?

Really? I think you know. I'm not going to spell it out. Edit: fine. I guess some people here need the talk . This is about the phenomena of men traveling from rich countries to poor countries to engage in sex with children. Not this guy, but it does happen. These men often return with digital images stored on laptops and cellphones. Possession of such images is illegal in canada and so Canadian boarder services targ…

That's not a useful reply. People travel to countries where prostitution is legal for that purpose, and so someone who doesn't necessarily know the extra connotations that phrase carries for you.

I for one did not immediately equate sex tourism with child slavery or pedophilia until I saw your sibling comment.

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#158
post #154

Earlier quoted context omitted.

Don't use american definitions of "probably cause". Canada is a different country and defines probably cause very differently. Canada has a different relationship with its boarders than America. The physical scale is are different. Sovereignty is different. Canada's "charter rights" are different than american "constitutional" rights. Canada placed greater trust in individual enforcement officers and, generally, does…

Probable cause is a core part of the Canadian charter: > 3) based on reasonable and probable grounds to believe that an offence has been committed and there is evidence to be found at the place to be search. https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/chec... This is not some unique American concept. Otherwise I don't see what point you're trying to make...

Yes, both countries have a concept of probable cause, but they have different definitions of what constitutes it—of which only a little is what is spelled out in the charter/amendment; most of the effective criteria come from case law.

In other words, just because this kind of profiling wouldn’t constitute probable cause in the US, doesn’t mean that it doesn’t constitute probable cause in Canada. (I’m not sure that it does constitute probable cause in Canada; I just don’t know for sure that it doesn’t.)

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#159

Earlier quoted context omitted.

>> Can this be used to get whatever case(es) he was defending thrown out because solicitor-client privilege was violated or parallel construction was used? That isn't what this is about. Nobody is talking about what this is really about and it isn't anything to do with him being a lawyer. This guy (1) was traveling alone (2) to a distant (3) and poor (4) country without preexisting business ties (5). Those are all re…

What is wrong with sex tourism?

In most parts of the world, sex workers don't exactly have strong human rights protections. In a poor country, it's generally worse.

A relatively wealthy, privileged person going someplace poor for sex is probably doing it because it facilitates doing rather nasty things in a way that is comfortable for them. They don't need to be ugly about it. Someone else will be ugly about it on their behalf while making them feel great about spreading their money around.

This often means they are raping children or otherwise indulging sexual predilections too unseemly for sex workers in more well-heeled parts of the world.

So sex tourism is generally understood to be a polite term for exceedingly depraved behavior with a veneer of civility.

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#160
post #99

I have asked this question before, but never really got a satisfiable answer: why do governments (not just USA/canada) spend these resources to check data physically at a border? It's not like you need to 'smuggle' any form of data physically. I mean, any data considered to be dangerous (like terrorist attack plans, atomic bomb designs or political inside information) can be accessed across borders via the internet.…

There is actually a Canadian Border Patrol TV show you can watch, and they don't even try and hide that they do this. They very openly show when they check someones phone and laptop. I have seen it on the show, and they have shown them "catching" people. They'll usually use it to check if people are intending to stay and work in Canada, such as seeing in their texts or emails that they were arranging work and/or places to live.

They have shown this very thing on the show where they found on their device that they were making these arrangements. It seemed very invasive and disturbing. They got their password and were looking at their phone and laptop in a backroom. The traveller didn't even get to see what they are doing or anything.

I don't have anything to hide, but I would never feel comfortable with ANYONE having free reign over my unlocked devices, especially not a government border agent doing it behind closed doors.

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