Funny, I can think of another way (or two, or three...) to "smuggle" digital pictures into Canada that doesn't involve driving them across the border. How bizarre.

Surprised they didn't check your email as well, as they've been doing so on an increasing basis.

Just as well you didn't have any pirated music on the laptop :)

Wow. I wonder if the US side does this. I'd guess not, because if they did, we'd hear all about it. The outcry would be immense, I'm guessing.

The way it is now, we can all just "Blame Canada" for any invasive searches at the border...

Agreed, I think we would have heard about it if U.S. officials were regularly searching laptops. Interestingly, the office said they get tons of adult material showing up, but most of it isn't what they're looking for, "so that's fine".

Further, as someone says above, why stop at images? Why not do emails as well? This is a very slippery slope.

That seems pretty questionable to me.

I would question whether they have the legal authority to look at digital images. The issue is likely whether images on a laptop constitute "goods" being imported under the Customs Act.

See Customs Act, section 159:

159. Every person commits an offence who smuggles or attempts to smuggle into Canada, whether clandestinely or not, any goods subject to duties, or any goods the importation of which is prohibited, controlled or regulated by or pursuant to this or any other Act of Parliament

And the defintion of goods:

“goods”, for greater certainty, includes conveyances, animals and any document in any form;

Images are likely not considered in law a "document" so they are probably wrong on this one.

If they get by point one, they would have to argue that illicit pictures could be contrary to a law in Canada but without any reasonable grounds to believe these picture exist they are probably wrong on this point also.

I would have asked them what section of the Customs Act and regulations they are relying on.

Whoops, didn't realize this was the CDN side. My comment was in relation to the US side. There've been quite a few stories of them searching laptops and email in the last couple of years.

Aren't they only supposed to be concerned with alcohol and tobacco on our side?

I've had my fair share of searches, but not for pictures.

The real slippery slope comes from a traveler having legitimate "fun" pictures on his laptop. Bob may have taken some pictures of Jane during a recent trip to Cabo. What would they have done then?

What about pictures of your kids runnig around on the beach on the last summer holiday?

What then? Interrogation? Denial of entry?

Finally, why didn't they check your cell phone?

Very disturbing and something that needs to be escalated. Sorry it happened to you but it couldn't have happened to someone more capable of bringing this issue out into the open.

Best,
George

Interesting comments. Wonder just how legal this search was/is. Wonder if/where that fine line is.

The last time that my laptop was searched by Canadian customs, the customs officer was quite explicit about the type of materials that were being searched for: bestiality, child pornography and hate literature.

Dude, go here & get yourself some privacy tools!

http://www.epic.org/

The US/Canada border is becoming stranger by the day - on both sides. Recently going down to Seattle from Vancouver I was brought into secondary questioning and was suspiciously accused for having a US phone number on my new "personal" business cards. It was a $15 prepaid Cingular SIM card I had picked up earlier in the summer from a mall in Seattle and put into my unlocked Fido phone. Though I do not do any business in the US, the "perception" was I had already set up a business and was not declaring it. Interesting dilemma technology causes. Beware!

Could you shoot off a letter to your MP, and Minister responsible for Canada Border Services? This sounds like something that should be protested, and since you can't raise a stink at the border, yelling at your MP is the way to do it.

I hear you gave a great presentation at the Ottawa conference. Congrats!

But on this topic, I for one am not embarrassed that our government is spot checking laptops and Ipods for child porn. Entering a foreign country is not a right, as I remind myself each and every time I travel to the USA. You do hear and read of silly stories, like the father that risked deportation when the customs officer found a photo of his son on his cellphone (in the buff).

But as a rule, we should be much more supportive of this type of activity. A foreigner has no privacy rights when he/she attempts to enter the USA, and if you don't agree to the search you can certainly turn around and go home.

During the time they wasted looking at your laptop, how many million or billion illegal images entered Canada on the 'net?

Whether legal or not, I would liken this to issuing a jaywalking ticket during a riot.

(not an effective use of scarce government resources.)

I hear the comments from the public all the time. Believe it or not, we are all aware that what we manage to stop at the borders is a small drop in the bucket compared to what makes it's way into this country. Thankfully, the officers don't get discouraged and take pride in what they do manage to accomplish with their limited resources. Obscenity, child pornography and hate material, in whatever form, should be stopped from entering the country. If it takes a few moments of your time to establish that you are not importing this type of material then we thank you for your cooperation.