Charter Rights at the Border
Routine Searches and Questions Travellers seeking admission to Canada are not subject to detention engaging their section 7 and 10( b ) Charter rights simply because they are required under the Customs Act to answer routine questions or submit to routine searches. R. v. Sinclair , 2017 ONCA 287, at para. 6. It is well-established in the case law that a person arriving at the border can reasonably expect that luggage will be put through a routine search. R. v. Jones , (2006) 81 O.R. (3d) 481, at para. 30. This may include x-raying or ion scanning. R. v. Darlington , 2011 ONSC 2776, [2011] O.J. No. 4168, at para. 75, referencing Kelly v. Palazzo (2008), 89 O.R. (3d) 111 (C.A.), at para. 53, leave to appeal refused [2008] S.C.C.A. No. 152. As well, routine screening, at a permissibly unobtrusive level not engaging a reasonable expectation of privacy [the threshold interest engaging section 8 of the Charter], can include a p...