Uncovering The State’s Surveillance Capabilities

Ontario Superior Court of Justice

Headnote International trade and customs --- Offences and penalties — Miscellaneous Evading secondary inspection — Accused was Canadian citizen and resident of Cornwall Island, Canada — Accused was required to present himself to Canadian customs before crossing into Canada from Cornwall Island — Incident at bar arose when accused presented himself to border services office while travelling from his residence to Canada — License plate of accused's vehicle was photographed by plate reader, and automated search resulted in "lookout" notification — Based on lookout, border service agent referred accused's vehicle for secondary inspection ("impugned referral") — Accused did not attend secondary inspection, and as result, was convicted of hindering officer under Criminal Code and of evading compliance under Customs Act ("Act") — Accused appealed from convictions — Appeal dismissed — Impugned referral was appropriate — Referral cannot be done randomly, but reason for impugned referral was not required to meet test set out in s. 99(1)(f) of Act — In so concluding, reliance was placed on decision by Ontario Superior Court of Justicerequired for referral of domestic traveller in mixed-traffic corridor, and lookout would suffice.

January 29, 2019

7 pages

Ontario Superior Court of Justice

Judgement - R v Cook.pdf

R v Cook.pdf