In 2013 the Federal Court released its decision in Martin-Ivie v. Canada (Attorney General), 2013 FC 772 (“Martin-Ivie“), a case which involved a Canada Border Services Agency (“CBSA“) officer who sued CBSA over what she regarded as safety issues. The case revealed much about the operations of the CBSA at land ports of entry. I have combined information from Martin-Ivie with what is found in the People Processing Manual and the Customs Enforcement Manual to help provide further understanding of what CBSA officers are looking at on their computers at primary inspection (“Primary“).
There are four databases which CBSA officers have access to at Ports of Entry.
Integrated Customs Enforcement System (“ICES”)
ICES is a national Canadian database of lookout information and enforcement activities that, amongst other things, contains information about Canadians who have come into contact with CBSA, or individuals who might seek to enter the country and might pose a risk. In addition to traveller records, ICES contains information on customs seizures for a period of five years. As well, ICES contains a record of every vehicle (and theoretically individual person) entry into Canada. (Practitioners generally request copies of ICES when representing individuals in permanent resident card renewal applications.)
Field Operations Support System (“FOSS”)
FOSS is Citizenship and Immigration Canada (“CIC“) and CBSA’s shared database. It contains millions of records about all CBSA and CIC contacts with non-Canadian citizens. It specifically contains information on any immigration records and violations. It is gradually being rolled into CIC’s Global Case Management System (“GCMS“).
The FOSS enforcement database includes information about previous and pending deportations, overextended stays by visitors, individuals who fail to present themselves for Immigration hearing or voluntary departures,Read more ›