Amy Goodman is a widely syndicated American radio and television personality who hosts the program Democracy Now.

On Nov. 25, she was on her way to deliver a speech at the Vancouver Public Library and approached the Canadian border by car south of Vancouver

Goodman claims she was questioned extensively by a border official about the topics she intended to cover here in her speech. She told the CBSA officer that she planned to cover U.S. health-care reform and the wars in Asia. The officer repeatedly asked her “What else?” When she ran out of answers, he asked her “What about the Olympics?" i.e. those about to take place in Vancouver in 2010.

She told him she hadn’t thought of covering that topic. To leave no doubt he added, “You’re saying you’re not talking about the Olympics?”

Her car was searched as were her notes and her computer. Her picture was taken and affixed to a control document permitting her entry but requiring her to leave Canada within two days. Her interview lasted 90 minutes.

Border officers with the Canadian Border Services Agency have a wide range of powers to conduct customs and immigration inspections at Canada’s ports of entry. Their main purpose is to determine whether travellers have a right, or should be given a right, to enter the country. They are also tasked with controlling the flow of goods coming into the country.

The law requires all persons “to answer truthfully all questions put to them for the purpose of the examination” and to “produce a visa and all relevant evidence and documents that the officer reasonably requires’

Accordingly, officers have the power to examine everyone seeking entry to Canada, including Canadian citizens and permanent residents. They can ask virtually any question they feel is important to determining the traveller’s admissibility including questions about their family, travelling companions, residency, criminal history, purpose of travel, intended destination, plans in Canada, where they will stay, who they will visit, etc. They can go through your wallet, briefcase, luggage, vehicle, address book, notes, documents, laptops, cellphones, Blackberries, etc. A refusal to answer or produce “evidence” can lead to a fine of up to $50,000 and/or a term of imprisonment of two years.

Officers also have the power to conduct strip searches and cavity searches in appropriate circumstances.

The only real limitation on these extraordinary powers seems to be that the evidence and documents requested need to be “relevant” and “reasonably required.”

Practically speaking, there are very few who would risk the consequences of refusing to answer questions considered inappropriate or irrelevant because of the profound impact that such a refusal can have on the traveller’s itinerary, liberty, pocketbook, and future ability to enter Canada.

In 1993, the Supreme Court of Canada ruled that travellers who are seeking admission to Canada are not considered to be “detained” and therefore have no right to counsel while being examined.

The Canadian Association of Journalists doesn’t like how Canada handled this particular examination, and neither do I because Goodman’s opinions about the 2010 Olympics, if any, have nothing to do with her admissibility to Canada.

Unfortunately, our laws give border officers virtually unlimited powers and continue to deny travellers access to the advice of counsel.

Guidy Mamann practices law in Toronto at Mamann, Sandaluk and is certified by the Law Society of Upper Canada as an immigration specialist. For more information, visit migrationlaw.com or email metro@migrationlaw.com.