Being a lawyer doesn’t give you a pass at the border, according to Cyndee Todgham Cherniak in this recent blog post. She notes the Canada Border Services Agency doesn’t have either a published or informal policy about what lawyers should do to claim solicitor-client privilege during an examination of documents in their briefcases.
For Americans crossing the border, this doesn’t come as good news. According to a case before the courts in one province, a person could possibly be arrested and charged under the Customs Act for failing to provide passwords or allowing his or her documents to be searched.
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