The case of a Quebec man charged with obstructing border officials by refusing to give up his smartphone password has raised a new legal question in Canada, a law professor says.
Alain Philippon, 38, of Ste-Anne-des-Plaines, Que., refused to divulge his cellphone password to Canada Border Services Agency during a customs search Monday night at Halifax Stanfield International Airport.
Philippon had arrived in Halifax on a flight from Puerto Plata in the Dominican Republic. The charge against him carries a maximum penalty of $25,000 and a year in prison.
Rob Currie, director of the Law and Technology Institute at the Schulich School of Law at Dalhousie University, said that under Canadian law, travellers crossing the Canadian border have a reduced expectation of privacy.
He said border officials have wide-ranging powers to search travellers and their belongings.
“Under the Customs Act, customs officers are allowed to inspect things that you have, that you’re bringing into the country,” he told CBC News. “The term used in the act is ‘goods,’ but that certainly extends to your cellphone, to your tablet, to your computer, pretty much anything you have.”
Philippon has been released on bail, and will return to court in Dartmouth on May 12 for election and plea.