What is the current state of the law in Canada under s. 12 of the Canada-Canada Border Security Act?

British Columbia, Canada


The following excerpt is from Attorney General of Canada v. Hudak et al., 2004 BCSC 960 (CanLII):

The Court in Dawson, supra at ¶13-15, in recognizing the underlying objectives of the Act, agreed with the Crown that the Act is remedial and requires a liberal interpretation in order to achieve its purpose of international cooperation in criminal matters: see also United States of America v. El-Jabsheh (2002), 167 C.C.C. (3d) 82, 2002 BCSC 246, at ¶16. The applicant says that in order to achieve the legislative objective, the “reasonable grounds” standard of s. 12 of the Act imposes different legal criteria and there is a less stringent test than would be applied by a domestic criminal trial judge in a review of search warrants authorized under the Criminal Code provisions.

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