Border Offences - Stern Shapray
Facing border offence charges in Canada? Our defence team handles smuggling, customs seizures, and import violations with strategic legal representation.
Canada’s border is tightly regulated, and any alleged violation—intentional or not—can result in serious criminal or quasi-criminal charges. Whether you’re dealing with a customs seizure, accusations of smuggling, or allegations of importing restricted goods, the legal and financial implications can be significant.
Border offences are often investigated by both the Canada Border Services Agency (CBSA) and the RCMP, and may involve parallel proceedings under the Customs Act, Controlled Drugs and Substances Act, or Criminal Code. These matters require experienced defence lawyers who understand the intersection of federal law, administrative penalties, and criminal procedure.
At Stern Shapray Criminal Lawyers, we have extensive experience handling border-related charges. We help clients respond to complex investigations, seizures, and charges with strategic, proactive legal defence.
Smuggling - Border Offences
Smuggling charges typically involve the unauthorized transport of goods, currency, or people across the Canadian border. This can range from minor infractions to serious, organized operations.
Common smuggling cases involve:
- Concealment of goods to avoid duty or inspection
- Unlawful transportation of drugs, weapons, or cash
- Failure to declare items over legal limits
- Human smuggling or facilitation of unauthorized entry
Under both the Customs Act and Criminal Code, smuggling charges can carry heavy fines, forfeiture of property, and imprisonment—especially where the goods are considered dangerous or illegal.
We defend clients by reviewing the legality of searches, the conduct of border officers, and the clarity of any alleged declarations. We aim to resolve the matter discreetly and efficiently, minimizing long-term impact whenever possible.
Customs Act Seizures
The Customs Act gives CBSA broad authority to inspect, detain, and seize goods at the Canadian border. If your property has been seized, you may face administrative penalties, forfeiture proceedings, or criminal charges depending on the nature of the goods and the circumstances.
We assist clients with:
Disputing seizures of cash, electronics, vehicles, or goods
Navigating the CBSA appeal and review process
Responding to notices of violation or enforcement actions
Preventing criminal escalation in minor or first-time cases
Even if you’re not formally charged, a customs seizure can affect your travel status, ability to import/export goods, and reputation. Our team provides clear guidance on how to challenge or resolve seizures while protecting your legal interests.
Importing Restricted/Prohibited Goods
Canadian law places strict controls on the importation of certain items, including:
- Firearms and ammunition
- Controlled substances or precursor chemicals
- Prescription medications without proper authorization
- Obscene, counterfeit, or trademark-infringing items
- Prohibited weapons or devices (e.g. tasers, switchblades)
If you’re accused of bringing restricted or prohibited goods into Canada—knowingly or unknowingly—you could be facing criminal charges, significant fines, and the permanent loss of the items in question.
Our defence lawyers have handled a wide range of import-related allegations. We work to establish intent (or lack thereof), investigate the legality of the CBSA’s search and seizure, and advocate for fair treatment in cases where no criminal intent was present.
Border offences can feel overwhelming—especially when you’re suddenly facing legal action after a routine crossing. If you’ve been charged, investigated, or had property seized at the border, reach out to Stern Shapray Criminal Lawyers for experienced, practical guidance.
Frequently Asked Questions About Border Offences in British Columbia
What are border offences under Canadian law?
Border offences involve criminal or regulatory violations connected to crossing an international border. This includes smuggling goods or people, making false declarations to the Canada Border Services Agency (CBSA), and importing or exporting prohibited items under the Customs Act or Criminal Code. British Columbia, with major land crossings and international airports, sees a significant volume of border-related charges.
What happens if you are detained at a BC border crossing?
CBSA officers have broad authority to search your vehicle, luggage, and devices without a warrant at a border crossing. You are required to answer basic identification questions, but you are not obligated to provide a detailed statement. If you are detained or facing allegations, whether at the Surrey/Pacific Highway crossing, Vancouver International Airport, or another BC port of entry, request to speak with a criminal lawyer as soon as possible. What you say at the border can significantly affect your defence.
Can CBSA search your phone or devices at the border?
CBSA officers have broad statutory authority to examine digital devices at the border without a warrant. However, this authority has been increasingly challenged in Canadian courts, and the law in this area continues to evolve. If your device was searched and you are facing charges as a result, a criminal lawyer can assess whether the search was lawful and whether evidence can be excluded.
What is the penalty for smuggling in Canada?
Smuggling penalties in Canada depend on what is being smuggled. Smuggling people can result in up to 14 years imprisonment. Goods-related smuggling attracts penalties based on the type and value of contraband. Where organized crime is involved or the smuggling relates to drugs or weapons, penalties increase substantially.
Can you be charged for making a false declaration at the border in BC?
Yes. Making a false or misleading declaration to CBSA is an offence under the Customs Act and can also attract Criminal Code charges such as fraud in more serious cases. Penalties range from administrative fines to criminal prosecution depending on the nature and value of the undisclosed goods.
What should I do if I am charged with a border offence, and do I need a lawyer?
If you are charged or under investigation following a border incident, do not provide additional statements to CBSA or police without first speaking to a criminal lawyer. Border offence cases often involve overlapping federal legislation, CBSA investigations, and consequences including criminal records and travel restrictions, making early legal advice essential to protect your rights and understand your options. Stern Shapray Criminal Lawyers assists clients facing border-related charges across British Columbia, including in Surrey, Vancouver, Kelowna, and Victoria.