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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
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If a Canada Border Services Agency document has mistakes on

Resolved Question:

If a Canada Border Services Agency document has mistakes on it, such as dates of birth, ID numbers which are incorrect and these have been made by the CBSA does it make the document/form void?
Submitted: 9 months ago.
Category: Canada Law
Expert:  Copperlaw replied 9 months ago.

Copperlaw :

Good Evening, I'd be happy to assist you with this question

Copperlaw :

Errors on the face of a Notice such as this are handled differently than errors on the face of a ticket

Copperlaw :

In this case, this is a notice of the seizure of identifying documents, which would carry the correct information presumably.

Copperlaw :

If the notice identifies the documents correctly and has been sent to the name of the individual at the correct address, it could still be deemed valid, and the fact that the Notice was received would be satisfaction of service.

Copperlaw :

This is likely an error on the forms only, which can be reissued, as I expect that the CBSA's records would show the correct information, along with the identification seized.

Copperlaw :

So the fact that the Notice of Seizure and Hearing Notice contain errors, does not invalidate the seizure, which was already made, nor would it invalidate the hearing, as if he shows up for the hearing, he'll be deemed to have been properly served as he is in attendance. Should he not attend the hearing, he will be deemed not to dispute the admissibility hearing and if the CBSA requested a ban on entry, it would likely be granted. If the Hearing Officer deemed that he was not properly served due to the errors, then he would order that a new date be set and a new, corrected Notice be issued.

Copperlaw :

I hope this answers your question, however please feel free to write back as I am happy to continue chatting about this if you wish.

Copperlaw :

Also, a positive rating is greatly appreciated if you would be so kind.

Customer:

Thank you for your answer, it is very much appreciated.

Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 1362
Experience: Retired cop. Now a Lawyer. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and more.
Copperlaw and 3 other Canada Law Specialists are ready to help you

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