CMHC Man Sues On Blacklist

Jason Unrau, www.blacklocks.ca
A CMHC director has challenged a security blacklist after having his luggage searched 11 times in two years by customs officers. The lawsuit revealed new details of databases run by the Canada Border Services Agency.

Navjeet Singh Dhillon of Calgary sued after being subjected to repeated interviews and baggage searches. Dhillon, the president of import-export firm Pan Pacific Mercantile Group, in 2015 was named a Conservative appointee to the board of Canada Mortgage & Housing Corporation.

Dhillon, who uses the nickname “Bob”, in 2014 was fined $250 after attempting to board a transatlantic flight from Calgary with more than $10,000 in undeclared cash in breach of the Proceeds Of Crime And Terrorist Financing Act. In Federal Court documents, Dhillon said he was assured by a customs officer there would be no consequences as a result of the fine: “Mr. Dhillon was forthright and fully cooperative,” the Court noted.

However on subsequent flights – a total eleven border crossings between 2013 and 2014 – Dhillon had his luggage searched and was subject to lengthy interviews that meant delays of 15 to 45 minutes. Dhillon told the Court he was “never provided a reason for the referrals”.

Dawn Lynch, manager of enforcement at the Border Services Agency, confirmed that all travelers who’ve committed a breach of any Act see their names listed in an Integrated Enforcement System: “When a traveler enters the country identity documents are scanned and the traveler’s name is queried against System records.”

Offenders are assigned points based on the severity of the offence. Dhillon was given 45 points for carrying a large amount of cash, and 45 points for failing to declare it: “With a total point score of 90 Mr. Dhillon’s subsequent entries into Canada would result in a computer-generated referral to secondary examination 90 percent of the time.”

The blacklist checks remain in place for up to six years under the Canada Border Services Act. The Court dismissed Dhillon’s complaint, describing the security checks as a mere inconvenience, and ordered him to pay $5,000 in costs.

“Risk management policy does not create a right or expectation that any traveler will avoid a full examination,” wrote Justice Patrick Gleeson; “While there is no doubt the applicant subjectively views the inconvenience of referrals for secondary examination as a significant negative consequence, that subjective view is not objectively sustainable in the context of port of entry examinations.”

Neither Dhillon nor his attorney would comment. Karen Engel, Dhillon’s executive assistant, said no decision has been made on whether to appeal the judge’s ruling.

Dhillon is CEO of Mainstreet Equity Corp. of Calgary and Honorary Consul General for Belize, and was named by Darpan magazine as Canada’s “first Sikh billionaire”. Dhillon is not included in the annual listing of billionaires by the periodical Canadian Business.