Criminal Code, Detention, Arrest and Personal Search

Question 1

What is your primary mandate as a BSO?

Answer 1

To enforce the Customs Act

Question 2

What provides guidelines for the enforcement aspect of a BSO’s job?

Answer 2

The Customs EN Manual

Question 3

Who deals with offences against laws enforced by the CBSA?

Answer 3

The CBSA Criminal Investigations Division (CID)

Question 4

What provides an explanation and summary of the National Priorities for Criminal Investigations?

Answer 4

The CBSA EN Manual, Part 9, Chapter 1, and Appendix A

Question 5

What are the priorities of Criminal Investigations under the Customs Act related to importations and exportations?

Answer 5

Weapons Smuggling, Counter Proliferation, Alcohol and Tobacco Smuggling, Trade Fraud

Question 6

As a BSO, what is your responsibility?

Answer 6

To be able to identify the indicators of non-compliance. Once an indicator of non-compliance is identified, it is the BSO’s responsibility to ensure that a thorough examination of the person(s) and or goods is undertaken.

Question 7

Who must you make aware when arresting a traveller for any of the matters listed in the CBSA EN Manual, Part 9, Chapter 1?

Answer 7

The Criminal Investigations Division (CID)

Question 8

What offences under the Customs Act may you need to arrest a traveller for? Outlined in the CBSA EN Manual, Part 6, Chapter 1, Paragraph 25 and in Part 9, Chapter 1

Answer 8

Narcotics, firearms, prohibited goods such as child pornography, controlled or regulated goods (including significant quantities of alcohol and tobacco), significant revenue evasion, assault or obstruction (Note: These are Criminal Code offences not Customs Act)

Question 9

What is a BSO considered once their training is completed?

Answer 9

A designated officer

Question 10

What two conditions must be met before a BSO can exercise their powers?

Answer 10

-The POE must have adequate detention capability or the capability to transport the subject as per the Vehicular Transport of Persons Under Arrest or Detention Policy
-The POE has a police agreement in place

Question 11

When is a BSO considered a Peace Officer?

Answer 11

When on shift and at a designated POE

Question 12

What is the First Response Mandate of BSOs?

Answer 12

• Identify the offence
• Detain or arrest the individual
• Process as per procedures in the CBSA EN Manual
• Refer the individual to the responding police agency

Question 13

Do designated officers lay charges?

Answer 13

No, they do not lay charges for Criminal Code offences. They only make the initial arrest, and turn the subject over to police. The laying of charges falls outside the first response mandate.

Question 14

What right is accorded in Section 7 of the Charter of Rights and Freedoms?

Answer 14

The right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice

Question 15

What right is accorded in Section 8 of the Charter of Rights and Freedoms?

Answer 15

Search & Seizure - Everyone has the right to be secure against unreasonable search and seizure

Question 16

What right is accorded in Section 9 of the Charter of Rights and Freedoms?

Answer 16

Detention or Imprisonment - Everyone has the right not to be arbitrarily detained or imprisoned

Question 17

What right is accorded in Section 10 of the Charter of Rights and Freedoms?

Answer 17

Everyone has the right on arrest or detention:
a) To be informed promptly of the reason therefore;
b) To retain and instruct counsel without delay and be informed of that right; and
c) To have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful

Question 18

What does the Latin term habeas corpus mean?

Answer 18

It translates to “you may have the body”. When used as a legal term, it means anyone being detained must be brought before a court to determine if he is being held lawfully.

Question 19

What is the right of habeas corpus menat to prevent?

Answer 19

Imprisonment without charges

Question 20

What right is accorded in Section 24 of the Charter of Rights and Freedoms?

Answer 20

This is the remedy section of the Charter. In short if a person’s rights were violated, the courts can use this section to address that violation by reversing legal decisions, excluding evidence, or creating any solutions deemed reasonable.

Question 21

What implications are there any time you remove a traveller from the normal processing of persons and goods?

Answer 21

There are always Charter implications

Question 22

What are the 3 levels of search defined under the R. v. Simmons case?

Answer 22

• Routine questioning - Examination of baggage, pockets, purse, wallet, vehicle and frisk
• Search of person by disrobing
• Search of body cavities (only performed by medical professionals)

Question 23

To whom do sections 7, 8 & 9 of the Charter apply?

Answer 23

Everyone IN Canada including those seeking entry into Canada

Question 24

What are the Judges’ Rules?

Answer 24

They consist of 9 principles regarding the admissibility of statements. They were accepted as guidelines for peace officers in 1912 in England and carried over to Canada

Question 25

What is the standard of proof to necessary to detain an individual?

Answer 25

Reasonable grounds to suspect a contravention has occurred

Question 26

What is the standard of proof necessary to arrest an individual?

Answer 26

Reasonable grounds to believe a contravention has occurred

Question 27

If a BSO at primary has a multiplicity of indicators that would lead him to suspect that an offence is being committed, what course of action would be appropriate?

Answer 27

The BSO would refer the person for a secondary examination

Question 28

Can a BSO at primary refer someone based on “a feeling that the person looks like a criminal”?

Answer 28

No, he is not respecting the Customs Act and cannot abuse any power to find a criminal offence.