Cyndee Todgham Cherniak reports that Canada Border Services opened mail addressed to her office at Lang Michener, raising signficant privacy and client confidentiality concerns.
Canada Border Services Opening Lawyer’s Mail
5 Comments
Recent Posts
Scoping in the Tech Giants: Bill C-22’s International Production Order and the Shift to a Less Privacy-Protective Cross-Border Disclosure System 
The Law Bytes Podcast, Episode 263: The Lawful Access Act Roundtable With David Fraser and Robert Diab 
When Writing About Antisemitism Proves the Point: What the Replies Reveal 
Acting on Antisemitism: If This Was Always Possible, Why Didn’t It Happen Sooner? 
Setting Canada’s AI Policy Priorities: My Appearance Before the Standing Committee on Industry, Science and Technology
Constitution-free zones
Borders/customs are “constitution-free zones”, only selected laws apply, and you are essentially at the mercy of the system.
Significant? Hardly
Playing the part of the bogeyman today, Michael? I expect much better from you. Just a lot of “what if”, “may” and “might”. Ms. Todgham Cherniak seems to believe that because she is “a customs lawyer at a prominent Canadian law firm” that she should not be subject to random searches by CBSA. If so, then I’ll be addressing all my international purchases to her attention.
we are vulnerable
Ms. Cherniak’s penultimate paragraph contains a dangerous suggestion. Many US & Canadian government agencies search, flag and/or read e-mail. hackers have no problem getting into e-mail, either.
If clients are using work LANs (i.e., at work) to send messages, they are highly vulnerable. Employers have the right to search messages sent from their systems.
This is not wise advice! Clients are highly vulnerable no matter what they are doing. Blame 9/11 and Homeland Security who have made rules and regs that we must follow, or face the consequences in terms of cross-border transportation and trade.
Her point?
It might be that if they feel free to do this to her on-the-job mail without fear of legal consequences, what of the rights of the rest of us? What of our mail?
What of your own mail?
Fakirs Canada
to Signicant? Hardly re your comments: ” Ms. Todgham Cherniak seems to believe that because she is “a customs lawyer at a prominent Canadian law firm” that she should not be subject to random searches by CBSA. If so, then I’ll be addressing all my international purchases to her attention.”
Why would you want to do that, Hardly? Do you have international purchses you would like to hide from customs?
Re: the rest of your comments, you’re rude, Hardly, but you’re right. Cherniak’s real agenda can only be the promotion of her firm, in my opinion. Only diplomats are immune from searches at customs – and I think that they shouldn’t be immune, either.
Marnie Tunay
http://fakirscanada.spaces.live.com/default.aspx