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Farooq Walid is a big man, 201 cm tall, weighing 110 kg, with long hair, a beard, and several visible tattoos. He is a Canadian

Farooq Walid is a big man, 201 cm tall, weighing 110 kg, with long hair, a beard, and several visible tattoos. He is a Canadian citizen, returning on his Harley Davidson from a biker festival in South Dakota through the North Portal border in Saskatchewan. His tee shirt says: "The Police Suck". As the border officer chatted with Farooq, she commented that he seemed to have issues with authority based on his shirt. "Nah", said Farooq, "that's the band! Haven't you ever heard of 'The Police'? I think they are terrible". The officer disliked his attitude but saw no indication of any unlawful activity. However, the officer believed that many bikers were involved in organized crime. As a precautionary measure, she requested his cell phone to search his email history. Under the threshold for electronic searches passed by the Senate in Bill S-7:   

 

 

a) 

the officer would have the right to search Farooq's cell phone to check for illegal activity based on the 'reasonable general concern' that bikers are often involved in illegal activity. 

 

b) 

Canada Border Services Agency (CBSA) officers may search every cell phone because they are "goods" coming into the country in the same way that all carry-on bags may be searched.

 

c) 

the border officer cannot search Farooq's cell phone because such searches apply to foreign nationals, not citizens.   

 

d) 

the officer would not have the right to search Farooq's cell phone based on the threshold of there being no 'reasonable grounds to suspect' illegal activity by Farooq. 

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