Searching Your Phone at the Border: 2024 ONCA 608
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Searching Your Phone at the Border: 2024 ONCA 608
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About this listen
The case is R. v. Pike, 2024 ONCA 608, decided by the Ontario Court of Appeal on August 9th, 2024.
The core issue was whether section 99(1)(a) of the Customs Act—which lets border officers search digital devices without any objective grounds—violates section 8 of the Charter, which protects against unreasonable search and seizure.
The Court held that the law is unconstitutional. They said searching digital devices—like phones and laptops—without at least reasonable suspicion is too intrusive to be justified by border security needs alone.
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