Don’t take your cell phone!

Twenty five years ago no one had a cell phone so why do you need your cell phone withyou while flying to a foreign country? Consider leaving your cell phone in your luggage while flying. American Customs and Border Patrol (CBP) and CBSA will get access to even your private chat rooms. Imagine waiting for hour after hour at a Canadian Airport while CBP or Canadian Canada Border Service Agency (CBSA) Officers takes their time to go through every tweet, comment or blog you have ever written that is on your cell phone. CBSA & the U.S. CBP will not let you leave until you provide your passwords to your mobile devices. Worried about missing your flight or those waiting outside to pick you up? Here are my passwords.

The best example of a reason why you should not be carrying a cell phone with you is how  Meng Wanzhou was treated when she arrived at Vancouver International Airport in December of 2018. CBSA searched Huawei executive Meng Wanzhou‘s phones and electronic devices after a border official wrote down her passwords, then CBSA claimed they never searched her cell phones. Why did they ask for the passwords if the CBSA Officers had no intention of searching her cell phones? Meng Wanzhou has been on house arrest since December 01st 2018 and her extradition hearings have cost her hundreds of thousands of dollars. You’re unlikely to get house arrest if CBSA arrests you!

This advice relates to all travellers whether or not your a citizen or in Canada on valid status. Nobody needs to know instantly when you’re boarding the plane on your latest facebook post. Your jokes, opinions or comments found on your cell phone can land you in a world of trouble. If you’re flying out of or into a Canadian Airport. If you are flying to the USA from Canada you will have to attempt to pre clear the U.S. Custom and Border Protection Officers in a Canadian Airport. If CBP refuses you entry into the USA after several hours of interrogation they will send you back to CBSA. CBSA Officers then will review everything the CBP Officers found on your electronic devices and that will take them several more hours.

If you are from a country that does not require an American visitor visa and you’re in Canada on a valid Study Permit, Temporary Worker Permit or have a Visitor Record CBSA Officers do not have to admit you into Canada if CDP refuses you entry. If a CBSA Officer decides to detain you don’t expect anyone at the Immigration Division will review your detention before 48 hours have elapsed. At yoour detention review it does not matter if you’re guilty or innocent of violating the Immigration Act or its Regulations. The issue is are you being detained because of lack of identity, you’re a danger to the public or you’re unlikely to appear for any interview, hearing or including removal from Canada.

If detained trying to enter Canada other then at Vancouver, Montreal or Toronto airports you will be detained in a Jail with other accused or convicted criminals. No Immigration Holding Centre for you! Your first motive will be to get released on an Immigration Bond regardless of where detained.

Foreigners will not be accepted as valid bondspersons. There are two types of bonds, Cash bond and Immigration Performance bonds. No friend or family member will be able to get you released by just posting a huge Cash amount. Performance bonds or promise to pay bonds amounts are set by the Immigration Division (ID) member at yuour detention review then CBSA sets the amount seven times higher based mainly on real property assests they can take if you violate the release order conditions set by the ID member.

Yesterday a UK citizen client of mine who was on a valid Temporary Work Permit (TWP) was intending to fly from Calgary Airport to Idaho for a weekend retreat. The American CBP refused him entry into the United States of America after reviewing some of his tweets, comments and jokes he had on his cell phone in a private chat room that did not remain private when CBP wanted to know what he was posting about.

CBP turned him over to Canada Border Service Agency who had to make a decision as to rather or not to admit him back into Canada on his vlaid TWP. My client had already been working and residing in Canada for more than five months with no charges or accusations of any kind.

CBSA decided to detain himn based on IRPA A58 (1) (c)

• A 58 (1) The Immigration Division shall order the release of a permanent resident or a foreign national unless it is satisfied, taking into account prescribed factors, that

• (c) the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality;

My UK client claimed that in no way was he inadmissable to Canada. He claimed their were no grounds of security nor had he ever violated anyones human or any international rights. That he was not involved in any serious criminality or organized criminality. he got detained because CBSA had a suspicion!!!

HIS GUILT OR INNOCENSE DID NOT MATTER!

The issue became what would be the length of detention until an admissibility hearing could be scheduled so a different (ID) member could rule on my clients admissibility to Canada. Was there an alternative to detention available? Did he have any person that could offer a suitable bond to the Immigration Division member to get him released? How much and which type of bonds would sastify the member?

My UK clients friends were willing and able to post several thousand in Cash to affect my clients release. None of the potential bondspersons had any real property that they could put up as collateral for a performance bond. Less then two hours before his detention review the Ministers Counsel sent me 18 pages of disclosure as to why they were going to seek continued detention.

WHAT ACTION SHOULD I RECOMMEND TO MY DETAINED CLIENT AND HIS FRIENDS?

How many thousands of dollars am I risking losing if I don’t convince him to remain in Canada to prove he is not in violation of the Immigration Act? With COVID-19 infections increasing in Alberta what are the chances he would become infected sitting in Jail awaiting scheduling of his admissibility hearing. What are the chances of any suitable bondsperson coming forward to help him obtain a release order? Is there lack of evidence to find him inadmissible to Canada?

I recomended after speaking with him that he withdraw his request to enter Canada on his TWP. I reached an agreement with the Ministers Counsel to leave him detained until we can get him on a flight and she consented. That his friends purchase a ticket to get him out of detention and Canada ASAP.

HE BOARDED A FLIGHT OUT OF CANADA EARLY THIS MORNING.

Sometimes it is better not to attempt to prove your innocense if the costs are too high.