The Canada Border Services Agency is responsible for the detection and prevention of border-related offences such as smuggling, fraud, and wilful non-compliance with immigration, trade, and tax law.  The CBSA Enforcement Manual, also known as the Customs Enforcement Manual, serves as the guide for CBSA officers in the execution of their enforcement related responsibilities.  It has been relied upon in several court challenges. To the best of my knowledge, the CBSA Enforcement Manual is not publicly available.  However, we have obtained a copy of it through an Access to Information and Privacy Act request and have made it available […]

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Canada Border Services Agency (“CBSA“) officers at land border crossings are faced with an impossible task.  They have to interdict individuals who may be a public or health risk, process hundreds of thousands of foreign nationals and permanent residents who have assorted applications and immigration requirements which must be assessed, and collect taxes.  CBSA Officers have to do all of this while somehow maintaining a balance between ensuring compliance with the law and ensuring that wait times at the border are not unnecessarily long.  The failure to do either perfectly without […]

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When a person has goods (as distinguished from monetary instruments and conveyances  seized at customs, the Canada Border Services Agency (“CBSA“) has established three “levels” or “degrees” of breach for the purpose of determining the penalty.  These levels are described in Part 5 Chapter 2 of the Customs Enforcement Manual. Level 1 Level 1 applies to violations of lesser culpability.  It will be applied where a person’s efforts to hide something from CBSA were initial and effectual.  It is generally applied to offences of omission rather than commission. In the context of Non-Report and […]

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In addition to immigration law, Larlee Rosenberg also represents individuals who have had goods seized by customs. Our practice includes both administrative appeals, as well as federal court actions

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