Canada's Federal Court has ruled against NEXUS card cancellations for minor rules infractions. Over 1.4 million of the 1.7 million NEXUS cardholders are Canadian citizens or permanent residents, and every year hundreds of NEXUS cards belonging to Canadians or Americans are revoked for minor errors. In arguing the case of a Canadian from Montreal whose NEXUS card was cancelled due to failure to declare all the cash he was carrying across the border, his lawyer argued that "People make mistakes. People make minor mistakes at the border. They didn't intend to make a mistake and they shouldn't have their NEXUS cards taken away."
The Federal Court agreed with the lawyer's case that the NEXUS cancellation was arbitrary, and did not mean 'he lacked the good character required for the NEXUS program.
Federal Court Justice John Norris ruled that CBSA cannot cancel someone's status as a NEXUS trusted traveller for a minor infraction or error. Until this court ruling, CBSA officers have had "full power and authority" to cancel someone's NEXUS card. CBSA does not plan to appeal the Federal Court decision.
Calgary business immigration lawyer Evelyn Ackah said,
"Many of our clients are business professionals who frequently travel and cross the border between Canada and the United States. When you're tired from travel it's easy to make a simple mistake on your form or press the wrong button. This is a good decision for cross-border business travellers."
What Is The NEXUS Trusted Traveller Program?
The NEXUS trusted traveller program allows pre-screened international travellers to have expedited processing through ports of entry and airport lines when entering Canada or the United States. It is a joint program of Canada Border Services Agency (CBSA) and U.S. Customs and Border Protection (CBP). Approved NEXUS members undergo background and security checks and are deemed low-risk travellers by both Canada and the United States and given faster customs and immigration processing when crossing the US/Canada border.
Do You Need Assistance With Your NEXUS Pass Application?
If you have questions about your immigration application or eligibility for you or your team to cross the U.S. / Canada border on business, or other immigration issues during the coronavirus restrictions or for post-restriction business, contact Ackah Law today at (403) 452-9515 Ext. 100 or 1-800-932-1190 or email contact@ackahlaw.com.
