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
What If the U.S. Demanded This? The Cloud Provider Conditions Behind Canada’s EU Digital Pivot 
Ontario is Done Waiting for Universities to Act on Campus Antisemitism 
Is Compromise on Encryption Possible? Why Bill C-22’s “Minor Opening” Leaves the Central Question Unanswered 
The Wrong Target: Why the CBC Should Be Asking About the Yom Kippur Protesters, Not the Journalist Who Reported on Them 
Buried in Bill C-39: The Enabling Digital Trade Act Brings Canada Its First Federal Electronic Trade Documents Law
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