Quebec Man Arrested For Withholding Phone Password

[WWWTT]

I have yet to be delayed by customs beyond the time it takes to show my passport. By the sounds of your atitude you must get stopped all the time. Or do you actually ever travel....

In the last year I have been to China 3 times. So that would be a yes.

Leaving Canada and getting into China is never an issue. Returning to Canada is never an issue either. But sometimes I get pissed off at the attitude custom officers exude so I'll rough them up a bit by not answering many questions, talking balk, swearing and usually yelling!

Still get back into the country and never delayed more than half hour to 45.

Also never had anything confiscated or was ever charged.

Believe me, 1/2 hour delay is well worth the rant! You should try it sometime. But you're probably too scared.

WWWTT

[WWWTT]

This post simply reinforces that you are full of crap.

Ya I think you just better do everything the "MAN" tells you and hope they don't get mad at you.

WWWTT

[On Guard for Thee]

Nope!

You don't understand Canadian law.

If you are CHARGED with an offense, you are INNOCENT until proven GUILTY in a court of law!

It is up to customs to prove the stuff you are carrying was not the same stuff you left Canada with.

After all the times I yelled and cussed at customs officers, for sure I would have been charged or had my stuff confiscated! But never once!

And it's because of one of either two things or both.

1) I scared the hell out of them so they leave me alone.

2) They know that charging me is futile waste of time because they can't prove squat and charges will be thrown out.

Keep in mind that my limit is usually something like $700 Cdn (can't remember exact number), so what's the point?

WWWTT

You obviously dont understand the Canada Customs Act. But I recall you also jumping up and down saying Canadians have a right to a passport. So nothing new.

[The_Squid]

Ya I think you just better do everything the "MAN" tells you and hope they don't get mad at you.

WWWTT

OK internet tough-guy! lol

Clearly you are lying when you say you cuss and yell at CBSA officers. Nice try though...

[On Guard for Thee]

In the last year I have been to China 3 times. So that would be a yes.

Leaving Canada and getting into China is never an issue. Returning to Canada is never an issue either. But sometimes I get pissed off at the attitude custom officers exude so I'll rough them up a bit by not answering many questions, talking balk, swearing and usually yelling!

Still get back into the country and never delayed more than half hour to 45.

Also never had anything confiscated or was ever charged.

Believe me, 1/2 hour delay is well worth the rant! You should try it sometime. But you're probably too scared.

WWWTT

Im certainly not that stupid, so I dont have to be scared.

[WWWTT]

Once being asked to provide unhindered access to your smart phone and not being able to leave, this should be considered detainment, it is not and never should be considered a routine search.

In my last encounter with customs that I mentioned here, I did ask if I was being detained when he was searching my bags.

The officer shot back "did I say you were being detained?"

I believe I didn't further pursue this issue and by this time I probably started talking about their collective agreement.

But afterwards I wondered about the detainment. If you're not being detained, then you should be able to leave right?

I thought that maybe next time, if I feel like going at it with them again, perhaps I'll pursue this angle.

WWWTT

[On Guard for Thee]

In my last encounter with customs that I mentioned here, I did ask if I was being detained when he was searching my bags.

The officer shot back "did I say you were being detained?"

I believe I didn't further pursue this issue and by this time I probably started talking about their collective agreement.

But afterwards I wondered about the detainment. If you're not being detained, then you should be able to leave right?

I thought that maybe next time, if I feel like going at it with them again, perhaps I'll pursue this angle.

WWWTT

I think you can stop now. Nobodys buying it, buddy.

[The_Squid]

I think you can stop now. Nobodys buying it, buddy.

LOL

Yeah, the internet tough guy routine is getting a bit transparent... and ridiculous.

Next he will tell us he carries his own taser for when CBSA questions him!

[WWWTT]

Im certainly not that stupid, so I dont have to be scared.

So it's stupid standing up for your rights?

WWWTT

[WWWTT]

I think you can stop now. Nobodys buying it, buddy.

LOL

Yeah, the internet tough guy routine is getting a bit transparent... and ridiculous.

Next he will tell us he carries his own taser for when CBSA questions him!

Maybe you guys better not stand up for anything? Or to anyone.

Better yet, stay at home where it's nice and safe and keep your door locked!

And if the government calls you, answer all of their questions and don't forget to end every one of your sentences with the word "SIR"!

WWWTT

[On Guard for Thee]

Maybe you guys better not stand up for anything? Or to anyone.

Better yet, stay at home where it's nice and safe and keep your door locked!

And if the government calls you, answer all of their questions and don't forget to end every one of your sentences with the word "SIR"!

WWWTT

Maybe read the act.

[guyser]

So it's stupid standing up for your rights?

WWWTT

NOt at all. Its always a pretty good thing.

But heres the kicker.....you should know them first, and well...you haven't the foggist Effing clue what you are tlaking about.

A passport is a right was the first clue, tons more since then.

So yeah...I think you can stop now. Nobodys buying it, buddy....rings very true. (copyright OGfT)

[WestCoastRunner]

In my last encounter with customs that I mentioned here, I did ask if I was being detained when he was searching my bags.

The officer shot back "did I say you were being detained?"

I believe I didn't further pursue this issue and by this time I probably started talking about their collective agreement.

But afterwards I wondered about the detainment. If you're not being detained, then you should be able to leave right?

I thought that maybe next time, if I feel like going at it with them again, perhaps I'll pursue this angle.

WWWTT

Your wife must be embarrassed to travel with you.

[WWWTT]

So yeah...I think you can stop now. Nobodys buying it, buddy....rings very true. (copyright OGfT)

Still waiting for the link about privacy being a charter right.

WWWTT

[WWWTT]

Your wife must be embarrassed to travel with you.

No actually we enjoy traveling together.

Do you really believe that an arrogant customs officer would stop us from us practicing our rights?

WWWTT

[guyser]

Still waiting for the link about privacy being a charter right.

WWWTT

Contrary to your passport right statement , You were given the privacy one, others schooled you on it, but alas, you come back to display abject ignorance.

It must be hard , sorry.

[jacee]

A burner smartphone? Phones are computers nowadays.

What if you don't travel a lot and have an unlocked smartphone?

DON'T have an unlocked smartphone ... or laptop.

.

[jacee]

Still waiting for the link about privacy being a charter right.

WWWTT

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Good luck with that.

.

[WWWTT]

Contrary to your passport right statement , You were given the privacy one, others schooled you on it, but alas, you come back to display abject ignorance.

It must be hard , sorry.

Still waiting little buddy.

But take all the time you like.

Oh and next time you re enter Canada, don't forget to be very polite and do everything you are told!

WWWTT

[WWWTT]

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Good luck with that.

.

Ya that sounds like an escape clause or a disclaimer.

WWWTT

[WWWTT]

Should you be made to give up the password to a lap top computer that you take on an airplane?

Ok Big Guy, you've read enough comments in this thread you started, it's like 15 pages on now.

You have a commitment to contribute to a thread YOU started!

This is an unwritten rule in MLW! And you are balking!

I need to hear where you stand on this so out with it already.

WWWTT

[nerve]

Still waiting for the link about privacy being a charter right.

WWWTT

Privacy is a fundamental right where privacy is expected. Everyone has a degree of expectation to non invasive interaction.

"men and institutions remain free only when freedom is founded upon respect for moral and spiritual values"

Ex. Do not open up a tent which is not yours because it brings shame.

If government arbitrarily acts against people that others cannot it is a violation of morality, and unconstitutional.

Privacy is included as security of person and liberty.

Our information is our property and protected from search and seizure.

The act of search entails privacy as a right.

The act of search where privacy is a reasonable expectation should create a state of detainment which invokes right to counsel.

Blanket violations are not acceptable.

the right protecting the "psychological integrity" of an individual. That is, the right protects against significant government-inflicted harm (stress) to the mental state of the individual. (Blencoe v. B.C. (Human Rights Commission), 2000)

Edited March 9, 2015 by nerve

[Big Guy]

To WWWTT - What I think makes no difference to the argument. The courts will decide and a precedent will be set. I have enjoyed reading most of the responses and have seen points of view that I had never considered. It has affected my future views as to the challenges that technology will create to existing laws and principles.

I have learned from the discussion. That is why I post.

[nerve]

To WWWTT - What I think makes no difference to the argument. The courts will decide and a precedent will be set. I have enjoyed reading most of the responses and have seen points of view that I had never considered. It has affected my future views as to the challenges that technology will create to existing laws and principles.

I have learned from the discussion. That is why I post.

It all comes down to weather searching someone's smartphone/storage device is routine or extensive.

http://en.m.wikibooks.org/wiki/Canadian_Criminal_Procedure_and_Practice/Search_and_Seizure/Print_version

Factors

Factors considered in R. v. Edwards[1]:

A reasonable expectation of privacy is to be determined on the basis of the totality of the circumstances.[2]

The factors to be considered in assessing the totality of the circumstances may include, but are not restricted to, the following:

presence at the time of the search;

possession or control of the property or place searched;

ownership of the property or place;

historical use of the property or item;

the ability to regulate access, including the right to admit or exclude others from the place;

the existence of a subjective expectation of privacy; and

Regulated access is the key, it was not open or public and intentionally protected, meaning an expectation of confidentiality.

Computers and Electronic Devices

Home and personal computers are imbued with a high degree of privacy due to the frequency that it contains intimate correspondence, financial, medical, or personal information. In addition to our personal interests and tastes.[1] According to the Morelli court, the level of privacy does not get much higher.[2]

He should have been given access to counsel before demands were made or arrest occurred, as he was detained.

Memory Sticks

In R. v. Tuduce, 2011 ONSC 2749, the court said that a search of a memory stick has a REP and so requires a search warrant.[1]

Edited March 10, 2015 by nerve

[WWWTT]

Blanket violations are not acceptable.

So in other words you can not find the section in the Charter where it's written.

Therefore no link.

WWWTT