This handbook is meant to help you make sense of the current state of play with respect to electronic searches at the Canadian border and at US preclearance zones in Canada, and to provide tools to protect your privacy when traveling with electronic devices.
This online app helps people complete documentation for joint-filing divorces in the Supreme Court of BC in cases without children. Joint-filed divorces are where both applicants agree on all family law issues relevant to their situation, such as spousal support and the division of family property.
This guide deals with provincial violation tickets – for offences under BC laws, including traffic offences under the Motor Vehicle Act and regulations, and offences under the Liquor Control and Licensing Act.
Roommate Guide – The guide is designed to help increase successful roommate situations. Includes information about roommate agreements, common roommate issues, and what to do when things don’t work out.
Back to top Infographic: Marine Protected Areas – Human activities like fishing, shipping and oil exploration increasingly put pressure on our oceans and marine life. This infographic highlights the benefits of Marine Protection Areas (MPAs) in Canada. Legal protections in MPAs can help save our seas.
Infographic: Oil and Marine Protection Don’t Mix – Along the Atlantic coast, the ocean does not have consistent protection from oil and gas development. Oil and gas is even permitted within the boundaries of Marine Protected Areas (MPAs). This infographic shows the inconsistent regulation of oil and gas across Canada’s coasts and MPAs.
Guardian Watchmen: Upholding Indigenous Laws to Protect Land and Sea – For thousands of years, the Indigenous peoples of BC have protected and managed the lands and waters. Recently, through the creation of ‘Guardian Watchmen’ programs, nations have continued to uphold their governance responsibilities. Guardian Watchmen follow, enforce, and uphold traditions.
Infographic: Protecting BC’s Coast – This infographic outlines the need for two policy decisions, banning oil tanker traffic on BC’s North Coast and implementing a network of Marine Protected Areas (MPAs) on BC’s North Coast, as essential pieces of protection for BC’s rich natural resources.
The Internet of Things (IoT) refers to physical devices (smart/connected devices) that connect to each other via the internet. This website helps you understand how to protect your privacy and security if you are using them at home. It also has a section for small/medium business owners.
Reviewed & updated Common Questions
With help from Seniors First BC, we have reviewed and updated the following questions:
By Mark Abbott, Courthouse Libraries BC – Information Services
The EU’s General Data Protection Regulation (GDPR), a new global standard for privacy law, came into effect on May 25, 2018. The GDPR gives citizens of the European Union (EU) more control over their personal information and how organizations all over the world can use their data. The regulation is far-reaching, applicable to Canadian organizations if they offer goods and services to and/or monitor the behaviour of EU citizens.
This new law comes at an interesting time as news stories circulate of large data breaches in both the public and private sectors. Our lives are inextricably intertwined with and operating in the digital ether. One example of this is the growing adoption of “Smart Home Technology”. Smart Home Technology allows various types of devices to connect to the internet, to offer automation services that either provide convenience, efficiency, and/or security.
In this new world of opportunity, how can we protect our personal data? We consulted BC and Canadian privacy and security experts for tips on how you can take preventive measures against having your data stolen and some precautions to take with smart home technology.
What is Smart Home Technology?
Smart Home Technology includes devices connected to the internet that exchange data with each other, commonly referred to as the “Internet of Things,” or IoT. Examples range from dimmer light switches, monitored thermostats, wireless speaker systems, to smartphones, Amazon Echo (powered by Alexa) and Google Home.
Precautions and Awareness
Before you start using smart home technology, there are some important considerations, according to Vincent Gogolek, former executive director of the BC Freedom of Information and Privacy Association (BC FIPA). “The first precaution should be to look at whether the convenience offered by a particular device is of real use to you compared to the potential downside risks,” he says. “Does your toaster really need to be connected to the internet?”
In terms of awareness, Vincent suggests we keep ourselves informed about features we might not even realize are a potential problem. “Microphones that allow voice commands are able to record everything that goes on in that room, and it is often unclear when recording is on, how long it is stored, where it is shared and what may be done with the personal information it collects.”
Practical steps to protect yourself
Former Ontario Information and Privacy Commissioner Ann Cavoukian is a vocal and tireless advocate for data security and safeguarding our personal information. We spoke with Dr. Cavoukian about some practical steps you can take to protect yourself.
“At this point in time, refrain from bringing these connected devices into your home,” she says. “Your home is your last bastion of privacy and these devices completely erode that.” Dr. Cavoukian believes that in the wake of the GDPR coming into effect, there’s a better chance we’ll have greater protection.
If you simply can’t wait to have that Amazon Echo or smart refrigerator in your home, “you have to, unfortunately, read the Terms of Service these companies provide,” she cautions–even if those service agreements remain long and tedious–particularly if you want to know how your information is stored and used by third parties. Equipping yourself with this knowledge helps you make an informed decision as to whether or not you want to engage with the technology.
Learn more about your privacy rights
Clicklaw has a couple of resources available on the above topics:
The Internet of Things: From the Office of the Privacy Commissioner of Canada, this introduction to privacy issues – with a focus on the retail and home environments – is a handy starter guide. You can read the entire guide on the webpage or download it as a pdf.
Get Cyber Safe – Cyber Security Risks: From the Department of Public Safety and Emergency Preparedness site “Get Cyber Safe”: The Internet of Things (IoT) refers to physical devices (smart/connected devices) that connect to each other via the internet. This website helps you understand how to protect your privacy and security if you are using them at home. It also has a section for small/medium business owners.
BC Freedom of Information and Privacy Association (BC FIPA) published their report “Connected Cars” in the spring of 2015. Be on the lookout, as BC FIPA’s new executive director, Sara Neuert, said an updated report will likely be published by early fall. Read the report here.
A program designed to help trans* folks get proper ID. We work one-on-one with anyone who identifies as trans, two-spirit, non-binary, or otherwise gender-diverse to apply to change their name and/or gender marker and acquire updated IDs. We are able to cover any costs that we cannot get waived by the organizations themselves.
West Coast Environmental Law offers free legal advice to help community groups, First Nations and individuals understand their environmental rights. We also offer funding support through our Environmental Dispute Resolution Fund (EDRF), which connects British Columbians with a network of private environmental lawyers around the province willing to work at a legal aid rate.
The Northwest Burke Vision: Principles and Recommendations
This report prepared for the Coquitlam River Watershed Roundtable contains recommendations to ensure that proposed residential development in Coquitlam, British Columbia, will be ecologically sustainable and support a healthy watershed.
Effective May 25, 2018, some organizations subject to PIPA must also comply with the European Union (EU) General Data Protection Regulation (GDPR). This guidance helps organizations in BC determine whether they are subject to the GDPR and explains how to comply with both PIPA and the GDPR.
Guidelines for Obtaining Meaningful Consent
This document sets out practical & actionable guidance regarding what organizations should do to ensure that they obtain meaningful consent. It contains information about the guiding principles for obtaining consent, determining the appropriate form of consent, and the legal requirements.
Today is Safer Internet Day (SID). We wanted to showcase an online tool that can provide practical advice for safer internet use — for everyone.
Security Planner provides recommendations on implementing basic online practices, such as: enabling two-factor authentication on important accounts, making sure software stays updated with the latest bug fixes, and using encrypted chats to protect private communications.
This is a project of the Citizen Lab, an interdisciplinary group based at the Munk School of Global Affairs at the University of Toronto. Security Planner recommendations are made by a committee of experts in digital security and have gone through a rigorous peer review evaluation of experts from universities, nonprofits, and the private sector.
The people at Citizen Lab realize that “we now count on digital tools to keep our information safe and a growing slice of our private life…private. There are big questions about whether the devices and services we use respect our privacy and if they adequately safeguard our information. Has a good balance been struck? Many of us are not sure. It is easy to feel overwhelmed by the challenge of how to be safer online.”
We went inside the Security Planner tool in order to show you what to expect. Take a look:
The main page gives you a clear call to action to start.
This month, we feature BC Freedom of Information and Privacy Association (FIPA), a Clicklaw contributor.
FIPA is a non-partisan, non-profit society established to promote and defend freedom of information (FOI) and privacy rights in Canada. They strive to empower citizens by increasing their access to information and their control over their own personal information. FIPA was the major force in getting BC’s Freedom of Information and Protection of Privacy Act passed.
Tuesday, July 11 @ 12:30pm: FOI 101 Online Webinar with Courthouse Libraries BC. Open to anyone interested in learning the basics of filing FOI requests and learning to navigate some common challenges that can arise as requests are processed. Stay tuned for more information! You can also subscribe here to stay updated on all Courthouse Libraries BC webinars.
Hi Vince, thanks for answering our questions. Can you explain what FIPA does?
A lot of what we do is helping people navigate a system that is completely alien to them, usually to get them information or documents they need to take care of other problems they may be having. We also do some education, but keeping in mind most people we help are focused on other issues–FOI is a means to an end.
Who does FIPA help?
We work to serve all of BC and even more so this year by providing our FOI 101 workshop through an online webinar with Courthouse Libraries BC, so that we can better reach the entire province. This interactive webinar will provide newcomers to FOI with practical skills to prepare and submit information requests that get results, and to navigate some common challenges that can arise as requests are processed. We are also actively engaged in national issues as well.
What are you working on now?
We’re always working on exciting privacy and FOI reforms at both the provincial and federal levels, but with a new provincial government apparently ready to take office, we’re gearing up to really push for these reforms that have been largely ignored.
This year, we’ve also been doing work based on our 2015 The Connected Car: Who is in the Driver’s Seat? Report for the federal Privacy Commissioner. We have just appeared at a Senate Transportation committee hearing into autonomous and connected vehicles, and we hope to do an update on the report later this year. This exciting research will examine the current state of privacy protections in the Canadian car industry.
What’s something you’d like to clear up about FIPA?
A lot of people think we hold personal records in our office, or that we are a government body to whom they send their requests–but we don’t, and we aren’t!
What are you most excited about for FIPA?
We have the opportunity to deal with a very fast-changing field, especially working to ensure that new technological advances are also protective of our information and privacy rights.
Conversely, is there anything you are worried about?
I’m worried that we are being sold a bill of goods, trading our rights to information and privacy for convenience and/or claimed protection from danger.
Last question: if you could wave a magic wand and make one wish come true, what would it be, and why?
I’d wish that even a small percentage of the money and time being spent on developing new technologies and products was spent on ensuring that those technologies and products protect our information and privacy rights. It’s not impossible to protect privacy in the new information age, but there is a reluctance to devote the resources to make it happen.
// FIPA expertise brought to Common Questions
Thanks to FIPA, we also have a slew of new Common Questions on FOI, records, and privacy. Check them out by scrolling down on the Clicklaw home page:
by Laura Track Community Development Lawyer This guest post has been cross-posted from the BCCLA news feed.
Like many of you, I’ve been thinking a lot lately about my rights at the border. In light of reports that numerousCanadians have been refused entry to the United States for unclear or troubling reasons recently, not to mention the possibility that US officials could start demanding social media passwords from would-be travellers, I’m worried about delays, refusal, and protecting my privacy. And as a white woman born in Canada with an Anglophone last name, I probably have a lot less to worry about than many others.
Your rights at the border have been extensivelycanvassed in a widerange of mediaarticles recently. We hope it’s useful to have this information available all in one place, but remember that the law can change and things are happening quickly, so don’t rely on this information for advice about your own specific situation.
There are also some tips for protecting your privacy at the bottom of the post.
The first thing to remember if you’re a Canadian travelling to the United States is that you do not have a free-standing right to enter the US. Many Canadians have been crossing the Canada-US border regularly and without incident for years, but it’s important to remember that US officials have no obligation to let you into the country and can deny you entry for all sorts of reasons that may seem arbitrary and unfair. And while it seems like we’re hearing about many more examples of troubling actions by US border officials right now, there have been many instances of unfairness over the years. Canadians have been refused entry to the US because of a history of depression and mental illness. The US didn’t lift its ban on ban on entry into the US by people with HIV until 2009.
The US Immigration and Nationality Act states that except in cases specified by Congress,
…no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.
A spokesperson for US Customs and Border Protection (CBP) has stated that “CBP does not discriminate on the entry of foreign nationals to the United States based on religion, race, ethnicity or sexual orientation.” But despite these assurances, it may be difficult for some people to feel confident that their right to non-discriminatory treatment will be respected when we hear stories like that of the Muslim woman turned back after she was questioned about her religion, or the man denied entry after border guards read his profile on a gay hookup app.
The fact that information about both of these travellers was discovered on their cell phones raises another pressing question:
In a word: yes. And they can ask for your device’s password, too. You don’t have to give it, but it’s unlikely you’ll be allowed into the country if you don’t. The officer could even tell you that you’re banned from ever entering the United States, but there’s no legal basis for banning you for refusing to give a password, and lawyers say that such a ban could be challenged in court.
Of course, going to court is an arduous, expensive and time-consuming undertaking, one made all the more difficult by the fact that you’d have to sue in the US. You can seek the intervention of a supervisor while you’re being questioned and lodge a complaint with US Customs and Border Protection when you get home, but it may not make much difference. You can also report your experience to a local affiliate of the ACLU.
What about Canadian border guards? Do I have more rights as a Canadian when I’m coming back into Canada?
The right of every citizen of Canada to enter, remain in and leave Canada is protected by section 6 of the Canadian Charter of Rights and Freedoms. But your other Charter rights are significantly curtailed at the border, including your right to be free from unreasonable search and seizure and your usual protections against arbitrary detention and compelled self-incrimination.
Section 99 of the Customs Act gives Canada Border Service Agency (CBSA) officers the power to “examine any goods that have been imported and open or cause to be opened any package or container of imported goods” – basically, to search your stuff. “Goods” are defined to include “any document in any form.” Section 11 requires entrants to Canada to “answer truthfully any questions asked by the officer in the performance of his or her duties”, and section 153 forbids making “false or deceptive” statements to customs officers or acting to “hinder or prevent” officers in performing their duties.
These laws were created at a time when people crossed the border with a suitcase and maybe a briefcase, not with digital devices containing deeply personal information including photos, text messages, emails and search histories. However, despite the Supreme Court of Canada’s clear acknowledgment in a recent digital privacy rights case that “it is unrealistic to equate a cell phone with a briefcase or document found in someone’s possession”, the CBSA interprets its power to search “goods” as including a power to search cell phones and laptops, and warrantless, suspicionless searches of digital devices are a matter of routine.
Unlike the US, which has published a detailed Privacy Impact Assessment on border searches of electronic devices, Canadian policies are much more difficult to find, making it harder for Canadians to understand and assert their rights. Interim guidelines obtained through an Access to Information Request and provided to the BCCLA offer a glimpse into CBSA’s policy. Officers can request passwords, though not for information stored “remotely or online.” If a traveller refuses, the device could be seized and held for a forensic examination. Nothing in the law or guidelines prevents CBSA from then copying the entire contents of the device.
The guidelines also state that until further instructions are issued, CBSA officers shall not arrest a traveller solely for refusing to provide a password. In response to questions from media, Scott Bardsley, press secretary for the minister of public safety, recently confirmed that the guidelines are still in place. The BCCLA has not independently confirmed that the guidelines are still operative and, in any event, they are only guidelines and should not be relied on as a definitive statement of the law.
As we detailed in a previous blog post, in 2015 (prior to the enactment of the guidelines) a Montreal man was charged with hindering or preventing an officer from performing their duties under the Customs Act after refusing to give up the password to his Blackberry when a CBSA officer demanded it. Mr. Philippon ultimately abandoned a constitutional challenge to his arrest and pled guilty to the charge. Until another case comes along, we simply do not know whether the CBSA’s powers include compelling people to provide passwords (though we certainly know that CBSA acts as if they have this power), or whether it is constitutional to arrest someone for refusing (though we know that people have been arrested in these circumstances).
The safest thing you can do is to leave your device at home when you cross the border. That may not feel very realistic or practical, but if your whole life is on your device, that’s all the more reason to leave it behind. If it’s seized, you could be without it for a very long time.
If you must travel with your digital device, here are some things to consider:
Make a full backup. A recent backup will ensure you have access to your data if your device is detained.
Turn off your device when you’re crossing the border, disable fingerprint unlocking and require a strong password to log on. This will prevent a CBSA officer, or anyone else who wants access to your data, from simply turning on your device and browsing through its contents.
Wipe your device of any files you want to ensure remain private. If you’ve stored your backup online (see point 1), you can even download your data back onto your device once you reach your destination.
Encrypt important documents and files, or consider full disc encryption. Encryption essentially scrambles the contents of your electronic device. The data is unlocked by a passphrase. More and more laptops and handheld devices are coming with disc encryption software built in.
Separate privileged or confidential documents from other files. Privileged information is given the most protection, and in theory should not be viewed by border officers at all other than to verify that it is what you claim it to be. This certainly includes lawyers’ files, and can sometimes include doctors’ and psychologists’ records. Journalists have a limited privilege over their sources. If you have privileged information on a device that a border guard wants to search, be sure to alert them to its presence. This is much easier to do if the privileged materials aren’t mixed in with unprivileged materials.
Some people may worry that crossing the border with a wiped phone or encrypted files may look “fishy” and could expose them to heightened suspicion and scrutiny. We can certainly understand these concerns and encourage everyone to use their best judgment given their own circumstances, vulnerabilities and needs.
The more that we assert our privacy rights and take active steps to preserve and defend them, the more we help normalize these privacy-protective measures and the less “fishy-seeming” they will become.
In our 2015 year-end update, we promised to provide bimonthly updates to new resources and services added to Clicklaw in those two months. Here is a selection from the hundreds of changes in March and April:
See BWSS’ expanded legal advocacy program which includes full representation (family and immigration matters), and other help on family law issues: workshops, a family law clinic and a court forms preparation clinic.
by SABA BC, Access Pro Bono, National Council of Canadian Muslims, BCPIAC, FACL BC, CLAS, BCCLA, CABL, CBA BC
Free confidential legal advice if you feel that you have been discriminated, harassed, or faced violence because you are Muslim or were perceived to be Muslim: 604-343-3828
For spouses (married or living in a marriage-like relationship) dealing with the emotional aspects of separating. Describes ways to cope and how to help your children cope. Includes support services for spouses, parents, and children, and where to find legal help.
In 2013, the process to appeal the denial of Canada Pension Plan Disability (CPP-D) changed when a new system, the Social Security Tribunal (SST), replaced the Review Tribunal. This guide will help people and advocates who are appealing denial of CPP-D to the SST. The guide has been updated in 2016.
As a self-represented litigant, you may bring someone to sit with you at the front of a courtroom when you are appearing before a judge or master. You must ask the judge for permission for this person – often a friend or family member – to sit beside you and help you through the process.
This graphic novel tells the story of Maya, who is leaving her abusive partner but doesn’t know where to get help. Through illustrations and clear basic legal information, Leaving Abuse shows how she finds the support and legal aid she and her children need to stay safe and start a new life.
The Community Legal Clinic (CLC) is the first student-staffed pro bono legal clinic in the Interior of British Columbia. The students and the supervising lawyer are a passionate team providing legal assistance and advice to those who would otherwise be unable to afford legal assistance.
The new Societies Act will come into effect on Nov. 28, 2016. In the two years following that date, every preexisting society will be required to “transition” to the new Act. This document sets out some basic information about the transition process and other matters that societies may wish to consider over the coming months.
Consumer Protection BC is the licensing and regulatory body for the debt collection and repayment industry (which includes debt collectors, collection agencies, bailiffs and debt repayment agents). They provide information on your rights & obligations around debt collection practices. Includes links on how to dispute a debt, request communication in writing only, or notify a collection agency you are not the debtor.