Solicitor-client privilege generally entitles clients to seek and obtain legal advice without fear that those communications will later be disclosed – a foundational doctrine in the Canadian legal system.
However, a recent case from the Ontario Court of Appeal (“ONCA”) shows that in some cases, privilege may be lost where a party relies on its understanding of its legal position in its court pleadings – even without expressly referring to the legal advice it has received.
A Trusted Traveller Program Violation Card is a notification issued by U.S. Customs and Border Protection (CBP) or Canada Border Services Agency (CBSA) when a member of a Trusted Traveller Program (like Global Entry, NEXUS, SENTRI, or TSA PreCheck) is found to have violated the program’s terms and conditions. This notice typically outlines the specific violation and the consequences, which can include suspension or revocation of membership.
Terms & Conditions of NEXUS Membership
Travellers receiving their NEXUS Membership are usually cautioned to obey the conditions of the Membership, although one wonders how many actually do!
As a boutique Canadian law firm practising in a niche area (we focus on Indirect Tax, Customs and International Trade matters) we often get inquiries from small businesses and even travellers seeking to appeal various tax assessments, customs infractions, seizures and the like.
The most basic question we are asked is “how can I appeal this?”.
If you disagree with a decision made by the Canada Border Services Agency (CBSA) regarding imported goods, you may have the right to administratively appeal the decision under section 60 of the Customs Act. Recently, key CBSA administrative materials which govern this procedure were updated with the aim to “streamline” this process. The result contains both good and bad news for parties hoping to resolve disputes before escalating to further tribunals or courts.
