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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2414
Experience:  25 years in practice
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My nexus pass was seized I need help with an appeal

Customer Question

My nexus pass was seized
I need help with an appeal
Submitted: 1 year ago.
Category: Canada Law
Expert:  Tom B. replied 1 year ago.
Hello
As a Nexus user myself, I covet the card and also do everything in my power (as you seemed to have done) to protect it.
A toy taser is not a weapon if it cannot do anything that could create a harm. I admit to being unfamiliar and the concept sounds a bit odd.
Here, we are not supposed to recommend or sanction private businesses including other lawyers. However, I found this article helpful.
http://www.canada-usblog.com/2012/03/15/canadians-living-in-border-cities-at-risk-for-nexus-pass-confiscations/pful....
If you search Nexus Card Confiscations, you will see a number of businesses willing to assist for a fee. This seems to be a growth industry and I would be wary of such services. This area is new and there is no law about it much so far as Nexus and Border Security has been given broad discretion under statute. A Nexus card is an extreme privilege and no one has a right to keep it.
Having said that, common sense must also prevail in government being fair to the public. Your facts indicate no violation of the terms of the Nexus agreement as long as this was truly a toy and had no ability to harm.
Border security may argue that this is a replica of a restricted weapon and therefor could be used as a weapon to intimidate. I can't see what it looks like. Cap guns for example usually have a bright red or orange piece of plastic on the barrel to alert people it is a toy.
I fully appreciate that you feel the matter is ridiculous. But also ridiculous is having such a thing.
I suggest reading the article and writing as suggested with a tone not of defiance but of misunderstanding pointing out politely that you would never try and take a weapon and that you sincerely ***** ***** toy did not constitute one and that you forgot its presence.
Subject to what your own lawyer may advise, sometimes begging for forgiveness gets you farther than fighting.
I hope this has assisted. If you need any clarification, please advise. Otherwise, please consider rating my answer well for my time.
Sincerely,
Tom

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