Canada

Can a customs officer search my body at the border?

Reasonable grou
Legal threshold
At the border
Location limit
Concealment onl
Search purpose
1988 SCC ruling
Key case year
The Short Answer

Yes, a customs officer in Canada may search your body at the border if they have reasonable grounds to suspect you are concealing goods.

What the Law Says

The Customs Act gives border officers authority to conduct personal searches — but only under strict conditions.

Under section 98 of the Customs Act, a customs officer may search a person entering Canada only if there are 'reasonable grounds to suspect' that the person is concealing goods. This is not a general or random power — it requires objective, fact-based suspicion, not just a hunch or routine screening.

The law distinguishes between routine examinations (like questioning or baggage checks) and physical body searches, which are considered more intrusive and therefore require higher justification.

Statutory Text

Officer may search a person entering Canada if there are reasonable grounds to suspect concealment of goods.

Customs Act, s. 98 — Search of person

What Courts Have Said

The Supreme Court of Canada has confirmed that border searches engage Charter rights — but also recognized the unique nature of border control.

R. v. Simmons
Supreme Court of Canada · 1988

The Court held that travellers fully expect screening at the border, and while section 8 of the Charter (protection against unreasonable search) applies, the standard for justification is adapted to border contexts — requiring reasonable grounds for personal searches, not probable cause.

What to Do

1

Remain calm and cooperative — refusal to comply may lead to detention or further scrutiny.

2

Ask the officer to explain the reasonable grounds for the search, if not volunteered.

3

You may request the search be conducted by an officer of the same gender and in private.

4

If you believe the search was unlawful, you may file a complaint with the Canada Border Services Agency (CBSA) or seek legal advice.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.