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-   -   Should citizens and Prs be questioned by CBSA. (https://britishexpats.com/forum/canada-56/should-citizens-prs-questioned-cbsa-755074/)

Steve_ Apr 17th 2012 10:45 am

Re: Should citizens and Prs be questioned by CBSA.
 
I think experiences vary, one of the biggest grillings I can remember was coming back to the UK from France via the chunnel.

I rarely have a problem with CBSA, and if you have a NEXUS card and use the NEXUS lane the only time you really talk to them is to hand them the declaration card on the way out from baggage claim and I don't usually get asked questions at that point, unless I actually do have something to declare. The NEXUS machine asks a few questions but they're simple.

CBP are the ones with a stick up their ass, but I suppose I'm a foreigner as far as they're concerned so I would expect to be asked questions.

Former Lancastrian Apr 17th 2012 1:04 pm

Re: Should citizens and Prs be questioned by CBSA.
 
I believe what imartin999 is concerned about is that he as a Canadian citizen along with countless others should not have to answer any questions which they consider to be irrelevant and invasive in their eyes and that we have no legal authority to do so or question where does it say we can ask questions.
There has been no Supreme Court rulings in regard to this but there is numerous case law from various courts including the Supreme Court in regards to the legality of searches. The most famous one being R v Simmons.
The vast majority of challenges to CBSA procedures are Charter cases such as did the officer have grounds, or give the person access to legal counsel and caution them in accordance with the Charter.
I am not aware of any case where an appeal was made to a court on grounds based on the types of questions that were asked.
In the Simmons case the court basically ruled that a person should and has a lower level of privacy expectations when crossing international boundaries.
Do I agree that in certain cases some questions can cross the line then Yes if the situation does not warrant it but who decides if the situation warrants it as it is happening in real time.
Have I heard other BSOs ask questions that I think in my opinion should not be asked then again the answer is Yes however as Im not the examining officer or a supervisor then I have no authority to intervene unless the situation becomes violent. It is not MY exam.
Have I spoken to others after and said how come you asked that question and was it appropriate then again Yes I have. Some have looked back on reflection and said yeah maybe I was out of line where others have said
**** off until you are my boss and there is legal guidelines then I will ask whatever I want.
Basically the officer is asking questions to formulate grounds and indicators to see if the exam should be cursory or in depth based on circumstances at the time.
The vast majority of people have no problems answering questions as they are not hiding anything or doing anything wrong.
A lot of travellers volunteer us the information without us even asking the questions :lol:
Hi Where are you folks returning from?
Oh we were in Vegas for 4 nights, had a great stay at the Wynn and just brought back a couple of souveneirs for the kids.
Anything else
Oh yeah we got 2 bottles from the Duty Free and a carton.
If at that stage I believe them then out the door au revoir.
I have no interest if you have just sold a software programme to Microsoft for a gazillion dollars and that info is on your laptop.
Many civil liberties groups have put out information sheets about what to do if
you are stopped by Customs but the recurring thing they say is they can ask questions but cannot say that those questions are illegally being asked.

Novocastrian Apr 17th 2012 2:01 pm

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by Former Lancastrian (Post 10011408)
Hi Where are you folks returning from?

Doesn't the scrap of nonsense everyone fills out before entering include the flight number? Why do you have to ask where they're coming from?

Former Lancastrian Apr 17th 2012 2:06 pm

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by Novocastrian (Post 10011478)
Doesn't the scrap of nonsense everyone fills out before entering include the flight number? Why do you have to ask where they're coming from?

Because they may be using a hub airport and not arriving from Chicago but travelling back from Thailand/Vietnam the UK etc etc etc.
They use the flight number from Chicago not their original embarkation point.
Surely a man of your intelligence might figure that one out;)

Novocastrian Apr 17th 2012 2:15 pm

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by Former Lancastrian (Post 10011486)
Because they may be using a hub airport and not arriving from Chicago but travelling back from Thailand/Vietnam the UK etc etc etc.
They use the flight number from Chicago not their original embarkation point.
Surely a man of your intelligence might figure that one out;)

Yes he would, but I assume you people have access to computers which contain all the information required to pin down every traveler's complete flight details in a millisecond. Perhaps you don't, but that makes it even less likely that you could identify a sweet old lady coming from Germany as a minor tax miscreant.

lmartin999 Apr 17th 2012 2:17 pm

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by Former Lancastrian (Post 10011408)
The vast majority of people have no problems answering questions as they are not hiding anything or doing anything wrong.

You are missing the point. I am not hiding anything or doing anything wrong. I just value my privacy and believe this to be my right. I find it bizarre that I am protected from invasive questioning by CIC rules but that under some ill-defined customs rules I am not. I would still maintain that many of the questions I have been asked are not relevant to the importation of goods.

Former Lancastrian Apr 17th 2012 3:43 pm

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by lmartin999 (Post 10011502)
You are missing the point. I am not hiding anything or doing anything wrong. I just value my privacy and believe this to be my right. I find it bizarre that I am protected from invasive questioning by CIC rules but that under some ill-defined customs rules I am not. I would still maintain that many of the questions I have been asked are not relevant to the importation of goods.

But the Supreme Court of Canada has ruled that travellers crossing international borders have less privacy rights and I believe the Supreme Court
is a pretty big thing in Canada.
The questions asked under Immigration are different and as a Canadian citizen I can bet you have not been referred into Immigration so therefore its a moot point as you have a right of entry. Like I have said numerous times its not what you believe are invasive questions that matter but the BSO having the legal right to ask questions regarding nature of trip and the goods being brought back and if further scrutiny is required.
How many times have you returned to Canada?
How many times have you been examined?
Do the maths and give me a percentage of times released and not referred to secondary examination. If less than 20% then stop whining.

lmartin999 Apr 18th 2012 12:59 am

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by Former Lancastrian (Post 10011577)
But the Supreme Court of Canada has ruled that travellers crossing international borders have less privacy rights and I believe the Supreme Court
is a pretty big thing in Canada.
The questions asked under Immigration are different and as a Canadian citizen I can bet you have not been referred into Immigration so therefore its a moot point as you have a right of entry. Like I have said numerous times its not what you believe are invasive questions that matter but the BSO having the legal right to ask questions regarding nature of trip and the goods being brought back and if further scrutiny is required.
How many times have you returned to Canada?
How many times have you been examined?
Do the maths and give me a percentage of times released and not referred to secondary examination. If less than 20% then stop whining.

Nothing to do with how many times I have been to secondary, but with the questions I have been asked. Are questions about where I work (for example) related to the 'nature of my trip' or 'goods being brought back'? I would say not.

Former Lancastrian Apr 18th 2012 1:15 am

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by lmartin999 (Post 10012259)
Nothing to do with how many times I have been to secondary, but with the questions I have been asked. Are questions about where I work (for example) related to the 'nature of my trip' or 'goods being brought back'? I would say not.

So have you made a formal complaint to CBSA about this type of questioning you deem to be invasive or irrelevant?
I dont know how often you travel outside of Canada but as its not me who is examining you as I assume you come back through Pearson if flying or Buffalo/Niagara area if driving then I guess you will just have to suck it up Princess if you are not prepared to complain about it as opposed to coming on here and using me as your point of anger and pent up frustration about CBSA procedures.
If it is just the GTA area where you are having those problems then there might be some validity about the attitude of GTA residents and that includes the BSOs employed at those POEs.
Maybe Halifax, Montreal, Winnipeg, Calgary or Edmonton POEs might suit your needs better if wishing to clear Customs;)

lmartin999 Apr 18th 2012 7:12 am

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by Former Lancastrian (Post 10012298)
then I guess you will just have to suck it up Princess if you are not prepared to complain about it as opposed to coming on here and using me as your point of anger and pent up frustration about CBSA procedures.

No anger or frustration here. Sounds like you are the one with an anger problem. I thought we were discussing the question you posed in starting this thread. Isn't that the point of the thread. I hope you are calmer when you deal with people at work. I am not sure I would like to encounter you welcoming me home.

Former Lancastrian Apr 18th 2012 7:37 am

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by lmartin999 (Post 10013101)
No anger or frustration here. Sounds like you are the one with an anger problem. I thought we were discussing the question you posed in starting this thread. Isn't that the point of the thread. I hope you are calmer when you deal with people at work. I am not sure I would like to encounter you welcoming me home.

As always turn it around about me :lol:
I think my supervisors and management actually know more about me and how I work as I have a yearly assessment on my performance and anger management/dealing with people in conflict situations has never ever been addressed as they see me work and deal with the public where you have not.
I tend to think they know me better than you;)
Actually if you look through this thread you will see that you are the only one really opposed to this and that other posters either have no interest or actually support this.
So besides you and possibly novocastrian (yet to be confirmed) and dbd33 does this tell you something or suggest that it is only you that has this problem?
How come you always avoid answering my direct questions yet you expect me to answer yours?
Quid pro quo.

lmartin999 Apr 18th 2012 7:41 am

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by Former Lancastrian (Post 10013134)
Actually if you look through this thread you will see that you are the only one really opposed to this and that other posters either have no interest or actually support this.

You started the thread to discuss the issue. I have just been replying. Was it not meant to be a question? I'm confused.:confused:

Former Lancastrian Apr 18th 2012 7:45 am

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by lmartin999 (Post 10013139)
You started the thread to discuss the issue. I have just been replying. Was it not meant to be a question? I'm confused.:confused:

Yes you certainly are:lol:
So are you prepared to answer a few simple question as they only need a Yes or No answer.

jericho Apr 18th 2012 8:31 am

Re: Should citizens and Prs be questioned by CBSA.
 
FL, you seem to have asked a question with the sole purpose of starting an argument. Dont ask the question if you dont want the answer.

You give people a smidgen of power and they think they're the dogs bollocks.

Former Lancastrian Apr 18th 2012 8:45 am

Re: Should citizens and Prs be questioned by CBSA.
 

Originally Posted by jericho (Post 10013203)
FL, you seem to have asked a question with the sole purpose of starting an argument. Dont ask the question if you dont want the answer.

You give people a smidgen of power and they think they're the dogs bollocks.

Have you read the thread in its entirety before you made this comment?
This was the result of a conversation in another thread so yes I started this thread not to start an argument but to see if posters on here who are Canadian citizens or PRs feel if they should be questioned by CBSA officers.
There is a thought out there by some that no Canadian citizens or PRs ever bring back goods that are prohibited, controlled or restricted by law and as such should not be questioned as they have a right of entry into Canada.
As a matter of interest do you subscribe to this train of thought or do you agree that some require further examination.
Of course it has subsequently turned into everything other thread with several posts about UK procedures which has no bearing to the actual question being asked.
Its a pretty simple question isnt it.


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