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Bill S-7

44th Parl. 1st Sess.
October 20, 2022
  • Bill S-7 is an Act to amend the Customs Act and the Preclearance Act, 2016. It clarifies the circumstances in which border service officers and preclearance officers may examine documents stored on personal digital devices. It authorizes the making of regulations and the giving of ministerial directions regarding these examinations, searches, and detentions. The Act also updates certain provisions regarding enforcement, offences, and punishment. Overall, the Act aims to enhance border security and ensure compliance with importation and exportation laws.
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  • S1
  • S2
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  • RA
  • Yea
  • Nay
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SteelmanSpren in Favour

  • A steelman argument in favor of this bill is that it enhances border security and allows border service officers and preclearance officers to effectively carry out their duties. By clarifying the circumstances in which officers can examine documents stored on personal digital devices, the bill enables officers to identify potential contraventions of the Customs Act, other Acts of Parliament, or regulations. This can help prevent the importation or exportation of goods that may pose a risk to national security, public health and safety, agriculture, or immigration. The bill also authorizes the making of regulations and ministerial directions, ensuring that officers act within established guidelines. By updating provisions relating to enforcement, offences, and punishment, the bill strengthens the legal framework for addressing contraventions and deterring potential offenders. Overall, this bill aims to balance the need for effective bord

SteelmanSpren Against

  • One steelman argument opposing the amendments made by Bill S-7 is that it infringes on individuals' privacy rights and violates their constitutional rights. The examination, search, and detention of documents stored on personal digital devices without a warrant or probable cause is a violation of individuals' right to be secure against unreasonable searches and seizures. The amendments allow border service officers and preclearance officers to access personal and private information, such as emails, text messages, and photographs, without any clear guidelines or restrictions. This opens the door for potential abuse of power and invasion of privacy. Additionally, the broad language used in the amendments, such as "reasonable grounds to suspect," lacks clarity and could lead to arbitrary and discriminatory targeting of individuals based on their race, nationality, or other arbitrary factors. These amendments go against the principles of d
  • Oct. 20, 2022, 10 a.m.
  • Passed
  • Oct. 20, 2022, 10 a.m.
  • In Progress
  • Read

Senate Committee

44th Parl. 1st Sess.
June 15, 2022
  • The Standing Senate Committee on National Security and Defence has the honour to present its

    THIRD REPORT

    Your committee, to which was referred Bill S-7, An Act to amend the Customs Act and the Preclearance Act, 2016, has, in obedience to the order of reference of May 11, 2022, examined the said bill and now reports the same with the following amendments:

    1.Clause 1, page 1: Replace lines 12 and 13 with the following:

    “about to be exported, has had its network connectivity disabled and is in the custody or possession of a person if the officer has reasonable grounds to suspect”.

    2.Clause 2, page 2: Add the following after line 14:

    (a.01) respecting measures to be taken by an officer if a person asserts that a document to be examined under subsection 99.01(1) is subject to a privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries, or litigation privilege;”.

    3.Clause 9, page 5: Replace lines 3 and 4 with the following:

    “bound for the United States and that has its network connectivity disabled if the preclearance officer has reasonable grounds to suspect that”.

    4.Clause 12, page 6:

    (a)Replace line 8 with the following:

    “a traveller bound for the United States, that has its network connectivity disabled and that is to be”;

    (b)replace lines 10 and 11 with the following:

    “6(2)(a) if the preclearance officer has reasonable grounds to suspect that”.

    5.Clause 16, page 7: Add the following after line 22:

    (c.2) respecting measures to be taken by a preclearance officer if a person asserts that a document to be examined, searched or detained under section 20.1 or 28.1 is subject to a privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries, or litigation privilege;”.

    Respectfully submitted,

    TONY DEAN

    Chair

  • Hear!
  • Rabble!
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  • May 11, 2022, 3:45 p.m.
  • Passed
  • March 31, 2022, midnight
  • Passed