Canada Whats on your computer?

[redytrk]

Trucker nabbed at border with suspected child porn
Sat, January 6, 2007
By CP


SAULT STE. MARIE -- A 48-year-old trucker from Owen Sound faces child pornography charges after a vehicle search at the Sault Ste. Marie International Bridge.

Canadian Border Services officers found a laptop computer containing images of suspected child porn. The seized laptop was handed over to Sault Ste. Marie police.

John Anderson is charged with one count of possession of child pornography and one count of importing/distributing child pornography. In bail court yesterday, the prosecution requested an adjournment of the man's bail hearing for investigative purposes.

Anderson was remanded in custody to return to bail court Monday.

Anderson also faces charges of possession of illegally imported goods, smuggling and evading compliance under the Customs Act.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Of course I know expeditor's would never put child porn on their computer. But what other things would cause the customs people to go berserk?

What about the time wasted while they look at everything on your hard rive.

No wonder increasing numbers are refusing to cross that border.

 

[RobA]

First of all.......the trucker in question is a Canadian citizen or at least resident.
He is shown as residing in Owen Sound.
Unfortunately; some truckers have been caught with kiddie porn images on their computer. It's happened several times; I haven't read of a US based trucker being charged but I don't see every report.
If Customs asks to see your laptop; that is what they are looking for.
Images of sexual degradation are considered pornography as well.

I don't know, Don, why a trucker being caught with illegal images on his computer would cause you not want to enter into Canada. I'm not, by the way, infering that you would have any smut on your's.

The list of illegal goods is quite extensive:

http://www.cbsa-asfc.gc.ca/general/enforcement/prohibited-e.html

Guns
Drugs
Obscene Material
Hate Literature


http://www.cbsa-asfc.gc.ca/E/pub/cm/d9-1-1/d9-1-1-e.html

This shows what is considered obscene.
The story makes it apparent that the driver in question had images on his laptop that met the critereon listed.
He should know the rules and know what the community in Canada finds acceptable. Possibly he has been under investigation for some time.












>>Trucker nabbed at border with suspected child porn
>Sat, January 6, 2007
>By CP
>
>
>SAULT STE. MARIE -- A 48-year-old trucker from Owen Sound
>faces child pornography charges after a vehicle search at
>the Sault Ste. Marie International Bridge.
>investigative purposes.
>Anderson also faces charges of possession of illegally
But what other things would cause the
>customs people to go berserk?
>
>What about the time wasted while they look at everything on
>your hard rive.
>
>No wonder increasing numbers are refusing to cross that
>border.


See the Prohibited Goods list which is the first link I posted. That is what will make Customs go "berserk".

 

[redytrk]

>I don't know, Don, why a trucker being caught with illegal images on his computer would cause you not want to enter into Canada. I'm not, by the way, infering that you would have any smut on your's.

It`s just the hassel and the feeling of being treated like a criminal that I don`t like.

 

[OntarioVanMan]

redytrk...feeling like a crimnal? how does that work?

North Portal Sask/North Dakota
I am a Canadian and Canada Customs asked me to fire up my laptop and asked to see my pics of grandchildren. I did not feel criminal at all
but on my way back into the U.S. they confiscated two sticks of beef jerky...now that was criminal!!!! *LOL*

On the serious side though I'am quite sure we all have horror stories from both sides of the fence. Both sides play head games sometimes especially on a Saturday or Sunday when they are bored and nothing better to do. I've had more problems with silly questions on a weekend then any other time.

 

[bordercrossing]

Hi, its Lucy, from Canada Border Crossing Services. There are certain regulations allowing goods across the border. Someone provided a good list. Anything that falls under the criminal category of course is a concern. Its criminal to have child porn, anywhere, not only while crossing the border.

Most people with a criminal offense would need to apply for a permit to cross the border. This works both ways.... that is for that guy from Owen Sound, he will need a waiver in the future to ever be able to go back into the US again.

If this happened to a US driver, that person would need a permit to enter Canada as well.

Hope this answers some of the questions that arose from this incident.

Lucy Perillo
Canada Border Crossing Services
204-488-6350

 

[terryandrene]

Thanks Lucy. Although our fellow expediters from Canada keep us yanks tuned in on the differences and similarity of our respective laws and regulations, we always appreciate the voice of authority in the Forum.

 

[DanJ]

It should be clarified that Lucy isn't with "the authority", unless you use that term in the sense of someone with extensive knowledge on a subject. Canada Border Crossing Services is a company providing pardon and waiver application assistance, but they aren't a government agency or the people working in the booths at the border (which has the similar name of Canada Border Services Agency)

 

[Paul56]

>Hi, its Lucy, from Canada Border Crossing Services. There
>are certain regulations allowing goods across the border.
>Someone provided a good list. Anything that falls under the
>criminal category of course is a concern. Its criminal to
>have child porn, anywhere, not only while crossing the
>border.
>
>Most people with a criminal offense would need to apply for
>a permit to cross the border. This works both ways.... that
>is for that guy from Owen Sound, he will need a waiver in
>the future to ever be able to go back into the US again.
>
>If this happened to a US driver, that person would need a
>permit to enter Canada as well.
>
>Hope this answers some of the questions that arose from this
>incident.
>
>Lucy Perillo
>Canada Border Crossing Services
>204-488-6350


Hypothetical situation follows...

One has their laptop on board and is keyword searching in Google for results which have nothing to do with a link returned.

The link returned is brought up in the browser and contains illegal dubious images. Definitely not what the searcher was looking for, and so the window is shutdown.

There is a trace of this left on the system.

What is the situation WRT border crossing?

 

[DanJ]

It would likely be left to officer discretion, based in part on your beleivability. It would be helpful if the google search could be replicated to show that page came up in a totally unrelated topic search.

 

[RobA]

>Hypothetical situation follows...
>
>One has their laptop on board and is keyword searching in
>Google for results which have nothing to do with a link
>returned.
>
>The link returned is brought up in the browser and contains
>illegal dubious images. Definitely not what the searcher was
>looking for, and so the window is shutdown.
>
>There is a trace of this left on the system.
>
>What is the situation WRT border crossing?


I believe that this entire incident was not the result of a ransom search by a CBSA agent, rather as a result of a search warrant from the OPP Child Porn unit.
Although I am not a lawyer; I should think there would have to be evidence of a serious attempt to buy and import the "Kiddie Porn". The importation of this is certainly illegal. The poccession of "Kiddie Porn" is illegal as is the desemination. The OPP has a unit that works to catch this stuff. All the law enforcement agencies work together.