Accused of something I haven't done by immigration

Canada Immigration Forum (discussion group)


 
       
Subject: Accused of something I haven't done by immigration
  Hi, last february 2010 when I went to pick up my brother in law at Buffalo airport and was crossing the border(rainbow bridge), I was ask to see an immigration officer. When I went in, I thought it was becuase of my brother in law, but it was becuase of me. The immigration officer started telling me some names which I can´t even remember and keep asking me if I knew them. I told him no. Then, I ask what was the problem and he told me that something about some passports who were sent to me. I have no idea what are they talking about. I ignored it but now (i am a resident by the way, and already did my citizenchip test and passed, but haven´t had the ceremony yet) yesterday when i went again to drop off my brother in law who came to visit I was stop by immigration. First, in the border I was ask if I had any immigration problems but I say no, and she was like "but you have a record, and you need to speak with an officer). I went to the "building" and there two officers were waiting for me. They made me get out of the car and inspect my car. I was okay until I saw them looking inside my purse, they took my camera out and started to look at all the pictures, then they look through my cell phone. I was very upset. WHen I ask the immigration officer what was going on, she said she doesn´t understand either but that it was becuase of some passports , I was going to be stop everytime I cross the border, or come back from anywhere. I ask her if she could explain me what exactly happened, she told me again she didn´t know. When I ask her if I could do something, she told me no. She said that will stay in my record.
This is not fair. I haven´t get any good explanation of what is going on so I can´t even explain myself when I am crossing the border. I can´t even defend myself.
Is there something that I can do?
How an immigration officer search my car and they don´t even know what is happening? Do they have the right to look at my pictures without asking me first? I am not a criminal. I haven´t even get a speed ticket. It was so upsetting when he started to ask me who was who, and what we were doing. Well, in the pictures were only my son and my newphew. It was very disturbing. And then, they take everything out, and leave my car a mess. Didn´t even bother on putting things back where they were.
I have search but I can´t find a place where I can complaint.I was thinking aobut getting a lawyer, but I don´t know if I should.


If anyone could help me, I greatly appreaciated.

Nathaly

[30-06-2010,23:34]
[**.255.43.171]
nathaly
(in reply to: Accused of something I haven't done by immigration)
yes, they can do everything they did without explanation and without putting things back.

Obviously, something is flagged on your passport. Either you have done something that smells illegal or someone with the same name or something has triggered the search. Or, you were randomly selected. As border officials, it is their right to question anyone and search anything that is coming in to the country.

Now, if you think something is not quite right, you need to figure out what it is so you can perhaps try to clear it up so it does not happen again. Saying you are not a criminal is not good enough and there is nothing to complain about.

[01-07-2010,06:52]
[**.154.245.217]
Sharon
(in reply to: Accused of something I haven't done by immigration)
Sharon - what is the legal basis for this fundamental invasion of privacy? I would say they are not allowed without a search warrant to act like this unless there is a serious resaon. I assume that you would have to be informed of your rights which should include to get a lawyer. in addition, if they inspect you this way, they need to inform you - at least this is my understanding.
So again, what is their legal basis?

[01-07-2010,12:00]
[**.204.59.132]
brian
(in reply to: Accused of something I haven't done by immigration)
CBSA has extraordianry power to search, question, and detain without client´s request for a legal counsel.


[01-07-2010,13:58]
[**.233.201.58]
Greater TO Enforcement Centre
(in reply to: Accused of something I haven't done by immigration)
however, I assume that even CBSA requires a basic sucpicion that a crime has been committed or is planned by the suspect.
In addition, if the suspicion does not hold true after investigation, the suspect or in this case the victim is probably entitled to obtain at least an explanation for the false accusation and to have all records asscociated with this false accusation being removed from his/her record.

Nathaly: I strongly recommend you to get in contact with a lawyer in order to get a better understanding of your situation and rights before all your rights for appeal might expire.

[01-07-2010,14:16]
[**.204.59.132]
brian
(in reply to: Accused of something I haven't done by immigration)
Brian, think about it a little bit. It is called national security. A passport is flagged in the system for whatever reason. Border officials look for smuggled people, drugs, undeclared merchandise, bombs etc. Do you actually think they are going to ask permission first before they search your car?

They suspect you have a fake ID - do you actually think they are going to say - please sir, would it be OK if we ask you a few questions? Oh... you are saying no... ok... please carry on - we don´t want to invade your privacy.

Come on! Get a grip.

[01-07-2010,15:43]
[**.154.245.217]
Sharon
(in reply to: Accused of something I haven't done by immigration)
Sharon, do you speculate or do you know? In the latter case, pls go ahead and post a link with the rules and regulations where it says that even your camera pics can be searched without permission when under unclear suspicion and without justification. In addition, I´d like to see the law that states that someone gets a passport entry based on false accusation and that this entry remains in the records even after negative investigation outcome proving the suspect´s innocence.

brian

[01-07-2010,16:52]
[**.204.59.132]
brian
(in reply to: Accused of something I haven't done by immigration)
I have better things to do with my Canada day holiday.

start here.

http://www.cbsa-asfc.gc.ca/agency-agence/legislation-eng.html#cbsa


[01-07-2010,17:08]
[**.154.245.217]
Sharon
Elucidation (in reply to: Accused of something I haven't done by immigration)
Brian, here is the answer you are looking for.

Every CBSA officer is both an Immigration officer and a Customs Officer. Since 2003. Although some ports of entry are not integrated yet, technically they have the authority of both since the formation of the CBSA. You are applying the laws and logic as if you were inside Canada dealing with the Police. Although the Charter of rights and freedoms applies even at the border, Immigration and Customs legislation allows for more intrusion of privacy than (you) think. Supreme Court of Canada ruled that when you seek to cross the border, every person would have a reasonable expectation to be questioned and or searched. For a basic search, the Officer (Customs and immigration) does not need any reasonable grounds to suspect or believe. But for a more invasive search e.g., tearing apart the seats of your car, or strip searching you, grounds to support such a search need to exist.

From the customs act:
Search of the person
98. (1) An officer may search
(a) any person who has arrived in Canada, within a reasonable time after his arrival in Canada,
(b) any person who is about to leave Canada, at any time prior to his departure, or
(c) any person who has had access to an area designated for use by persons about to leave Canada and who leaves the area but does not leave Canada, within a reasonable time after he leaves the area,
if the officer suspects on reasonable grounds that the person has secreted on or about his person anything in respect of which this Act has been or might be contravened, anything that would afford evidence with respect to a contravention of this Act or any goods the importation or exportation of which is prohibited, controlled or regulated under this or any other Act of Parliament.

From the Immigration act:
Search
139. (1) An officer may search any person seeking to come into Canada and may search their luggage and personal effects and the means of transportation that conveyed the person to Canada if the officer believes on reasonable grounds that the person
(a) has not revealed their identity or has hidden on or about their person documents that are relevant to their admissibility; or
(b) has committed, or possesses documents that may be used in the commission of, an offence referred to in section 117, 118 or 122.

That should fully answer your question. All the information posted in this post is not a secret. It is all open source information for anyone to find on their own. I thought I would save you some time.

[01-07-2010,19:04]
[***.254.209.140]
Anonymous
(in reply to: Accused of something I haven't done by immigration)
and yes, they can search your camera, and the contents of your laptop. That´s how they catch the folks with kiddie porn. If you fail to supply your password, they are free to take your laptop and send it off to Ottawa for further screening.

If you are wrongly placed on a no-fly list, it is your job to clear your name or figure out how you are going to deal with customs should your mother have named you Osama bin Laden.

[01-07-2010,19:13]
[**.154.245.217]
Sharon
(in reply to: Accused of something I haven't done by immigration)
Anonymous,
you´re absolutely correct and what you state is common procedure. a basic search does not require permission when crossing the border. However, looking through someone´s pics on a camera seems not to be a basic search and would already qualify as an ´invasive´ search at least based on what you wrote (US border is different though and US custom is allowed to search without grounds).
From my understanding CBSA has been using similar procedures as US custom recently whereas CBSA procedures have not been published yet, which basically means they do not consider the customs act nor the immigration act.

considering the customs act:
the act clearly states ´if the officer believes on REASONABLE GROUNDS´. The fact carrying a camera or a laptop does not qualify as a REASONABLE GROUND per se.

even more important: where does it say that false accusation results in a negative entry of your passport?

furthermore, I would assume that you have to be informed about every negative passport file entry (at least that you got this file entry and a reason for it) in order to take action such as an appeal - I guess the right might expire after some 3-6 months.

[01-07-2010,19:59]
[**.204.59.132]
brian