Quebecker Faces Jail For Not Giving Up Phone Password To Canadian Officials

wired_parrot writes Canadian customs officials have charged a 38-year old man with obstruction of justice after he refused to give up his Blackberry phone password [on arrival in Canada by plane from the Dominican Republic]. As this is a question that has not yet been litigated in Canadian courts, it may establish a legal precedent for future cases. From the article: [Law professor Rob] Currie says the issue of whether a traveller must reveal a password to an electronic device at the border hasn't been tested by a court. "This is a question that has not been litigated in Canada, whether they can actually demand you to hand over your password to allow them to unlock the device," he said. "One thing for them to inspect it, another thing for them to compel you to help them."

Comments

Re:Right to remain silent where?

[Macdude]

You're assuming that he's alluding to the fifth amendment, the Miranda warning is just a notification of it, but according to the Canadian Constitution and the Canadian Charter of Rights and Freedoms you have the right to remain silent in Canada as well. You also have the right to an attorney (counsel).

Not that it matters when you're in Customs. Your constitutional rights (mostly) don't apply in customs, in the US or Canada.

Two publications from the BCCLA (BC Civil Liberties Association) you may be interested in:
https://bccla.org/wp-content/u...
https://bccla.org/wp-content/u...

Re:Americans to the rescue

[MichaelMacDonald]

Wait until they pass bill C-51 behind our backs... It gets much worse.