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In the process they found what they believed to be child pornography, and Vaillancourt was subsequently charged.Vaillancourt was ultimately convicted but in the process, the judge called into question the federal government's long held position that the Customs Act gives it the broad power to search personal electronic devices without a warrant or limitations, under its definition of importable goods.Naturally, lawyers for the federal government were not happy, and in May announced their intent to intervene in Vaillancourt's appeal. They plan to argue the law is fine as is.But it may not be the last time they feel compelled to do so. Across Canada, an increasing number of lawyers are arguing more or less the same thing: that warrantless smartphone searches at the border are unconstitutional, and the practice should be stopped or at least limited."The question is simply, do you have a reasonable expectation of privacy in your device at the border" said Rob Currie, director of the Law and Technology Institute at the Schulich School of Law at Dalhousie University..

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