Crossing the Border with Electronic Devices

[Reprinted with permission from the February 2019 issue of Communiqué by Darcia Senft.]

What You Should Know

It used to be the case that when a lawyer took a vacation, work was left at the office. While all of us may try to take a real break from work when we are trying to recharge our batteries, the reality is that clients have become accustomed to being able to email their lawyers at all hours of the day and on weekends. For a variety of reasons, lawyers often respond to client matters while they are on vacation or when out of the country for one reason or another. Lawyers often travel with a laptop or a tablet and almost always with a cell phone in order to access emails, client information and other work-related materials. Do you know what risks you face when travelling with your electronic device and what you can do to minimize those risks?

The Federation of Law Societies of Canada has published a reference document for the legal profession dealing with the risks of travelling internationally with an electronic device. You can find the document here.

The document, developed by the Policy Counsel Counterpart Group of the Federation with the assistance of law society practice advisors, describes the risks of travelling with an electronic device when returning to Canada, going through preclearance with U.S. border officials on Canadian soil, and when travelling to the U.S. and beyond.

Manitoba eLaw – New Edition – Family Law Update

January 2019, Issue No. 91 highlights:

  • Cultural Heritage of Children Not Underemphasized: MBCA (Dakota Ojibway Child and Family Services v KRF et al, 2018 MBCA 104)
  • Proportionality Concerns Underlie Decision to Proceed: MBCA (Sawatzky v Sawatzky, 2018 MBCA 102)
  • No Entitlement to Accounting by a Master: MBCA (Ball v Sizeland et al, 2018 MBCA 85)
  • Legislative Update
  • Proposed Regulatory Amendments
  • Amendments to the Court of Queen’s Bench Rules
  • Notices and Practice Directions 
  • Recommended Reading
  • Winter CPD: LSM
  • Annual Joint Family Law Program: The Times They are a Changin’

The full edition of this issue is available here.

Manitoba eLaw – New Edition – Litigation

December 2018, Issue No. 86 Highlights:

The full edition is available here

Manitoba eLaw – New Edition – Criminal Law Update

December 2018, Issue No. 88 highlights:

  • Breathalyser Maintenance Records Subject to Third Party Disclosure Rules: SCC (R. v. Gubbins, 2018 SCC 44 and R. v. Awashish, 2018 SCC 45)
  • Mandatory Minimum Sentence under s. 151(a) of the Criminal Code Unconstitional: MBCA (R. v. J.E.D., 2018 MBCA 123)
  • Overemphasising Collatoral Immigration Consequences an Error: MBCA (R. v. Yare, 2018 MBCA 114)
  • “A Court of Appeal Hearing is Not a Tea Party”: MBCA (R. v. Van Wissen, 2018 MBCA 100)
  • Legislative Update
  • Criminal Justice Conference: CBA

The full edition is available here