Vancouver, Canada — In 2025, the Government of Canada tabled the Strong Borders Act, a sweeping legislative package aimed at modernizing border security powers, enhancing traveler screening protocols, and expanding the authority to conduct searches of digital devices at points of entry. The bill, introduced in the House of Commons, has been framed by the government as a necessary response to evolving security threats, organized crime, and the need for faster, more accurate risk assessment at Canadian borders.
Supporters point to growing global instability, cross-border criminal networks, and the rapid shift toward electronic evidence in criminal investigations as justification for stronger enforcement tools. Critics warn that the Act, if passed without significant privacy safeguards, could create new risks for lawful travelers, particularly around the scope and transparency of digital device searches and the use of traveler profiling algorithms.
Key Provisions of the Strong Borders Act
The proposed legislation includes several significant measures:
Enhanced Advance Passenger Information Collection — Airlines and other carriers would be required to submit more detailed passenger manifests before departure, including expanded contact and itinerary data.
Broader Traveler Risk Assessment Powers — The Canada Border Services Agency (CBSA) would be authorized to incorporate more data sources into traveler risk profiles, including travel history, financial information, and specific open-source intelligence.
Device Search Authority Clarification — The bill codifies CBSA’s authority to examine the contents of digital devices at the border to verify compliance with Canadian laws, introducing a statutory standard of “reasonable general concern” rather than “reasonable suspicion.”
Data Retention and Sharing Framework — Expanded provisions for storing traveler data and sharing it with domestic and international partners.
Administrative Penalties — New monetary penalties for providing false or incomplete information on customs declarations or passenger manifests.
Historical Context — How Border Search Powers Have Evolved
Canada’s border search authority historically derives from the Customs Act and Immigration and Refugee Protection Act, both of which grant CBSA officers broad discretion to inspect goods, documents, and persons at ports of entry. In 2015, digital devices began to feature more prominently in searches, but the lack of explicit statutory authority for such inspections led to uncertainty and inconsistent practices.
Court rulings in 2018 and 2020 recognized that electronic devices hold highly personal information but also confirmed that border contexts allow for broader search powers than domestic law enforcement investigations. The Strong Borders Act represents the government’s attempt to standardize rules, establish a defined legal threshold, and clarify retention and handling protocols for data obtained from devices.
Case Study 1 — Business Traveler’s Device Seized for Review
In 2024, a Canadian technology consultant returning from Asia was asked to unlock his smartphone for inspection at Vancouver International Airport. CBSA officers cited concerns about the accuracy of his customs declaration related to commercial samples. The device was held for two days for forensic review, during which sensitive corporate emails were accessible. While no violation was found, the incident highlighted the absence of formal limits on device data use.
Case Study 2 — Academic Researcher’s Field Notes Examined
A Canadian university professor returning from a research trip to the Middle East had her laptop searched at the land border in Ontario. The inspection revealed ethnographic interview notes containing identifiable personal data from research participants. While CBSA confirmed no laws were violated, the incident raised concerns about academic confidentiality and ethical obligations.
Traveler Screening Trends Under Review
The Strong Borders Act would broaden the data sources CBSA may use for traveler risk assessment, including:
Advanced Passenger Information and Passenger Name Record data
Previous customs declarations and secondary inspection histories
Publicly available social media information
Specific financial transaction patterns are linked to cross-border activity
Risk scores would be assigned through an algorithmic model, with higher scores leading to more intensive screening. While proponents argue that these models increase efficiency, privacy experts caution that opaque algorithms may perpetuate bias and lead to discriminatory outcomes.
Case Study 3 — NGO Worker’s Screening Delays
A humanitarian NGO staff member traveling between Canada and East Africa for aid work reported repeated secondary inspections and questioning about organizational funding. Amicus International Consulting helped the NGO develop a pre-clearance documentation strategy, including mission letters and financial transparency records, to streamline the screening process.
Device Search Data Handling
Under the Strong Borders Act, CBSA would be required to establish clear rules for handling data extracted from devices, including:
Logging of all access and examination activity
Restrictions on copying and retention of personal data unrelated to the search purpose
Defined timelines for data deletion
Audit trails are subject to internal and external review
Case Study 4 — Journalist Protecting Source Material
In 2023, a Canadian journalist returning from an overseas assignment refused to provide passwords to her encrypted devices, citing source confidentiality obligations. CBSA detained the devices and later returned them without charges. Under the proposed law, officers would still be able to detain devices for forensic analysis, but specific protections for journalistic material may be included in the final text.
International Comparisons — How Other Countries Manage Device Searches
The United States allows Customs and Border Protection to conduct device searches without a warrant at ports of entry, under a “border search exception” to the Fourth Amendment. Two types of searches are recognized: basic (manual inspection) and advanced (forensic extraction), with advanced searches requiring reasonable suspicion.
The United Kingdom’s Schedule 7 powers allow examination of electronic devices without suspicion, though recent reforms introduced oversight measures and retention limits.
Australia and New Zealand similarly grant border agencies broad device search powers, with varying levels of transparency in reporting and review processes.
Canada’s proposed standard of “reasonable general concern” would be more permissive than the U.S. advanced search threshold but narrower than the U.K.’s suspicionless model.
Case Study 5 — Corporate Mobility Program Risk Review
A multinational engineering firm operating in Canada faced multiple incidents where senior staff returning from project sites abroad had their devices inspected. In response, the company adopted Amicus’s Corporate Border Protocols, which included issuing “clean” devices for international travel, storing sensitive data securely in the cloud, and providing staff with device search briefing materials.
Civil Liberties and Oversight Mechanisms
Civil liberties organizations have called for independent oversight of both traveler screening algorithms and device search practices. Recommendations include:
Independent review bodies with the authority to investigate complaints
Mandatory public reporting on the number, type, and outcome of device searches
Clear avenues for travelers to challenge unlawful searches or misuse of data
Case Study 6 — Small Business Owner Challenging a Search
A Toronto-based import/export entrepreneur contested a CBSA device search that led to the temporary seizure of his trade contacts list. Amicus assisted in filing a formal complaint and an access-to-information request, which revealed that the search had exceeded the stated purpose. The complaint prompted an internal review and the return of data.
Looking Ahead — Legislative Process and Public Consultation
The Strong Borders Act is expected to undergo committee review, during which amendments could be introduced to address privacy and oversight concerns. Stakeholders from the technology, legal, academic, and non-governmental sectors are preparing submissions. Public consultations are likely to focus on:
The appropriateness of the “reasonable general concern” threshold
Protections for privileged or confidential information
Transparency and audit requirements for algorithmic risk scoring
Balancing security imperatives with mobility rights
Conclusion
The Strong Borders Act signals a significant shift in Canada’s border management philosophy from reactive inspection to proactive, intelligence-driven screening. For travelers, the implications include heightened scrutiny of travel patterns, increased use of risk scores, and greater exposure to digital device inspections. For organizations, particularly those engaged in international business or field work, the need for structured, lawful border protocols has never been more urgent.
Amicus International Consulting advises that individuals and businesses prepare for the new environment by developing clear device search strategies, maintaining accurate travel documentation, and ensuring compliance with emerging traveler screening frameworks. In an era where borders are both physical and digital, preparation and privacy-conscious planning are the keys to maintaining seamless mobility.
Contact Information
Phone: +1 (604) 200-5402
Email: [email protected]
Website: www.amicusint.ca
