Today's #MengWanzhou court hearing about to begin. Crown could wrap by the end of day. Here's yesterday's story: cbc.ca/news/canada/br…
Curious to know what my colleagues @ianjamesyoung70 and @amysmart1 make of the judge's frequent questions. She seemed to make clear she's considering wrongdoing on behalf of RCMP and CBSA - even without guiding FBI conspiracy
Crown lawyer Diba Majzub says he's going to use his time to review law around seizing of phones and passcodes ... he says the purpose of getting phones was admissibility (which is legal)
Basically - CBSA officers can't seize and examine phones for criminal investigations ... but they can do it for immigration purposes like admissibility. This gets tricky when - for instance - child pornography is found on a phone - per this decision canlii.org/en/on/oncj/doc…
Judge pushes Crown on a 2020 Alberta appeal court decision that found that unrestricted searches of personal devices at the border to be unconstitutional - indicates this could be a problem canlii.org/en/ab/abca/doc…
Here a quote from that decision "While reasonable expectations of privacy may be lower at the border ...
developments in the law regarding privacy in personal electronic devices have not yet been
thoroughly considered in the border context." Crown claims its not binding here
developments in the law regarding privacy in personal electronic devices have not yet been
thoroughly considered in the border context." Crown claims its not binding here
BTW that case involved a traveller coming back to Edmonton from Cuba with child pornography on his phone. The Alberta appeal court concluded part of the Customs Act is unconstitutional because it imposes no limits on searches of electronic devices at the border
They gave parliament a year to amend the Customs Act. Majzub said the CBSA officers in #MengWanzhou case relied on Immigration and Refugee Protection Act ... not the Customs Act ... Judge doesn't seem convinced
Crown lawyer John Gibb-Carsley now arguing points relating to allegations that RCMP shared electronic info with the FBI ... says former Staff Sgt Ben Chang did not share
Here's a CBC story on that Alberta Appeal Court decision cbc.ca/news/canada/ed…
Gibb-Carsley says it's not plausible that Ben Chang would have transmitted the complicated numerical technical information related to #MengWanzhou devices by telephone .. says if he did it - it would have happened by RCMP email
Gibb-Carsley says ESN just stands for electronic serial number - but says there's nothing electronic about what RCMP copied "In this file - ESN has taken on an exotic persona. More than it deserves in this case. These numbers are serial numbers by a different name."
Gibb-Carsley says there's also no merit to argument that RCMP acted improperly by destroying all former Staff Sgt. Ben Chang's emails when he retired ... done until 2 now ...
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