Could My Phone Get Searched When Visiting Canada?

The Canada Border Services Agency (CBSA) defines all electronic devices such as cell phones, tablets, and laptop computers as "goods", and consequently they are subject to searches at the Canadian border. CBSA agents can only view information stored on the device, however, which can include emails and social media messages that have already been opened and are therefore stored on the device. Basically, if the data is accessible while your phone is in "airplane mode", it could be viewed by Canadian border officials.

Under the Canadian Customs Act, border agents do not require a warrant to search a visitor's phone or computer. Courts in Canada have yet to rule on whether border officers can compel visitors to divulge their smartphone password, but not doing so could result in a denial of admittance or even arrest. In general, CBSA authorities will not examine your personal devices as a routine search, but rather if there are any indications that evidence of contraventions may be found on them. If there is no reasonable suspicion of wrongdoing, your phone will likely not be searched at the Canadian border. Even people who enter Canada with a criminal history typically do not have their phone searched while crossing the border.

Questions about entering Canada? Phone our Canadian immigration law firm today.