CCRA import restriction on DTV equipment

[boondoggle]

Lots of people have told me you can't ship DTV equipment into Canada anymore and I've noticed most DTV equipment is no longer advertised on Ebay.ca. I've search the entire Canada Customs and Revenue Agency website and can't find any restrictions on the import of satellite equipment. All I can find are prosecutions based on tax evasion i.e. non-declaration. Is anyone aware of any customs regulation prohibiting the import of this equipment?

[gunsmoke2]

Its not on their ban list



GS2

[Jeet]

You can import all you want to.

[To The Real King!!]

Hi Guys,

If it were banned, how could BEV and * Choice import American receivers since BEV uses Echo poducts. Will we now have a situation where YOU can import but YOU cannot.

The laws are made for everyone it is said and I do not se how this could be legally circomvented so that BEV is allowed and you are not.

This is the problem they have always had and they still have it.

But that does not mean they wont TRYhttp://www.legal-rights.org/images/ttrk.gif

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[X_Factor]

Just read this article at Customs.As of October it was still legal to declare Satellite equiptment.

Man fined for not declaring satellite receivers and cards
St. Catharines, October 11, 2002... The Canada Customs and Revenue Agency (CCRA) reported today that Alexander Vilkin, age 37, of Lyndhurst, Ohio, was fined $1,200 by Judge Zivolak after pleading guilty in the Ontario Court of Justice to making false statements under Section 153(1) of the Customs Act.

On September 2, 2002, Mr. Vilkin entered Canada at the Rainbow Bridge, Niagara Falls, Ontario. At the Canada Customs primary inspection lane, Mr. Vilkin indicated that he had no commercial goods to declare and was referred for further verification.

A thorough examination revealed that Mr. Vilkin had 44 satellite receivers and cards designed for use in satellite signal receiving apparatus valued at $9,921 Canadian. By not declaring all of the goods being imported, Mr. Vilkin attempted to evade paying $1,225 in duties and taxes.

The Customs Act requires every person entering Canada to accurately report all goods being brought into the country and, if required, present those goods for examination.

Individuals and companies that evade duties and taxes force honest Canadians to pay more than their fair share, and honest businesses are put at a competitive disadvantage by businesses that cheat. To ensure the marketplace is fair for all companies that import goods, the CCRA will continue to be vigilant in prosecuting those who purposely evade duties and taxes.

[X_Factor]

And Another

Man fined for smuggling
Niagara Falls, August 29, 2002... The Canada Customs and Revenue Agency (CCRA) reported today that Vincenzo Felice, age 53, was fined $500 by Judge L. LaCavera after pleading guilty in the Ontario Court of Justice to smuggling under section 159 of the Customs Act.

On February 5, 2002, Mr. Felice entered Canada in a truck at the Queenston Bridge. He told the customs inspector that he had nothing to declare. He was subsequently referred for further examination.

During the course of secondary questioning, Mr. Felice was asked to empty the contents of his pockets. Mr. Felice produced two bundles containing 50 programmable satellite receiver access cards valued at $2,250 CDN. By not declaring all of the goods being imported, Mr. Felice attempted to evade paying $480 in duties and taxes.

The Customs Act requires every person entering Canada to accurately report all goods being brought into the country and, if required, present those goods for examination.

Individuals and companies that evade duties and taxes force honest Canadians to pay more than their fair share, and honest businesses are put at a competitive disadvantage by businesses that cheat. To ensure the marketplace is fair for all companies that import goods, the CCRA will continue to be vigilant in prosecuting those who purposely evade duties and taxes.

[X_Factor]

And Another

Man fined for smuggling plastic programmable cards
Fort Erie, June 24, 2002... The Canada Customs and Revenue Agency (CCRA) reported today that Edgar Haigh Elkins II, age 33, of Concord, North Carolina, was fined $1,200 by Judge Donald Wallace after pleading guilty in the Ontario Court of Justice to smuggling under the Customs Act.

On September 30, 2001, Mr. Elkins entered Canada in a truck at the Peace Bridge, Fort Erie. At the Canada Customs primary inspection lane, he declared 96 satellite dish receivers and was referred for secondary processing for verification of his oral declaration.

A secondary customs examination of the vehicle revealed 143 plastic programmable cards designed for use in satellite signal receiving apparatus valued at $6,435 U.S. concealed in a fabric bag underneath the drivers seat. By not declaring all of the goods being imported,

Mr. Elkins attempted to evade paying $1,254 in duties and taxes.

The Customs Act requires every person entering Canada to accurately report all goods being brought into the country and, if required, present those goods for examination.

Individuals and companies that evade duties and taxes force honest Canadians to pay more than their fair share, and honest businesses are put at a competitive disadvantage by businesses that cheat. To ensure the marketplace is fair for all companies that import goods, the CCRA will continue to be vigilant in prosecuting those who purposely evade duties and taxes.

[Dean_M_Love]

...that's what happens when the Government tries to maintain 2 opposite positions....


1. It is illegal to possess.

2. But you do need to declare it since we will accept duties and taxes.

[bluestream]

Originally posted by To The Real King!!
Hi Guys,

If it were banned, how could BEV and * Choice import American receivers since BEV uses Echo poducts. Will we now have a situation where YOU can import but YOU cannot.

The laws are made for everyone it is said and I do not se how this could be legally circomvented so that BEV is allowed and you are not.

This is the problem they have always had and they still have it.

But that does not mean they wont TRYhttp://www.legal-rights.org/images/ttrk.gif

http://www.legal-rights.org/images/ttrkblack.gif

Thanks & Good Luck,

To The REAL King!!
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Freedom has nothing to fear from the truth!
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It would be easy for CCRA to allow BEV equipment in and keep other US equipment out. All Bev equipment has an Industry Canada sticker on the back. That means it is approved for use in Canada. DTV and ECHO equipment does not have this sticker. It does not matter where the equipment is made, it is all about having the right approval...

[thepoet]

Originally posted by Dean_M_Love
...that's what happens when the Government tries to maintain 2 opposite positions....


1. It is illegal to possess.

2. But you do need to declare it since we will accept duties and taxes.

Nothing new. Consider the nefarious Mr. Alfonso Capone, aka "scarface Al". The Feds couldn't convict on criminal charges (i.e. money laundering, vice, murder for hire, and importing Canadian whiskey during Prohibition), but they got him on income tax evasion. In other words, he failed to pay taxes on the proceeds of his illegal activities... It may not have been a legally elegant solution, but it did get his ass in a Federal prison long enough to ruin his health. He was mercifully released when it became apparant that his healthcare while incarcerated would be too much a cost burden on honest American taxpayers (and coincidentally his syphillus - which for some inexplicable reason went undetected during his routine prison physical exams - was beyond the stage of curative treatment)... Mr. Capone's experience gives chilling insight to the phrase, "Rot in prison". ;)

[Bowen13]

Is it illegal to posses DTV equipment or is it just illegal to use it to pick up a encrypted signal?

[Bowen13]

Is it illegal to posses DTV equipment or is it just illegal to use it to pick up a encrypted signal?

[gunsmoke2]

It would be easy for CCRA to allow BEV equipment in and keep other US equipment out. All Bev equipment has an Industry Canada sticker on the back. That means it is approved for use in Canada. DTV and ECHO equipment does not have this sticker. It does not matter where the equipment is made, it is all about having the right approval...


I would think it would be a nightmare for Canada Customs to go on trucks, trailors and open up the sealed boxes to look for Industry Canada stickers. I'm not sure if the stickers are put on in the US.


They collect the taxes and duties then later on the RCMP come to raid and then are you are labelled a crook.



GS2

[bluestream]

The big difference is that it would be illegal to import any equipment that was not approved. It would be no different than how they deal with illegal alcohol, cigaretts, two way radios, or any other imports. The stickers are put on at the time of manufacture.

[DoctorNik]

look at those reports again about the guys that were charged for sat equipment.... NOT ONE DECLARED EITHER THE CORRECT AMOUNT of items, or declared nothing at all.. that's what they were charged with by the looks of it... they LIED as to what they had....

ie... one or two of em said they had nothing.... one guy said he had sat equipment,, but failed to mention the cards... etc..

I feel that played a much greater role in their 'convictions' than the fact it was sat equipment.... If I tried to come across the border with a truckload of clothes,, and said I didn't have anything to declare, and was charged... would that mean clothes are 'banned'??

just some thoughts...

[bluestream]

Yes, I agree with you....we were discusing the possiblity of sat. equipment being banned at some point in the future.

[gunsmoke2]

The big difference is that it would be illegal to import any equipment that was not approved. It would be no different than how they deal with illegal alcohol, cigaretts, two way radios, or any other imports. The stickers are put on at the time of manufacture.


I don't see the big difference. They don't deal well with the above. They would still have to go on trailors look for boxes take them out to see a sticker. I personally think one reason that Canada Customs does not ban them is because they can't deal with it. Theres only one classification code for Satellite Receivers and it applies to all of them. If it was so simple then they would have banned them a long time ago. Their are tons of FTA Receivers that also come into Canada and they are legal.



GS2

[X_Factor]

The articles I posted were to confirm as of that date it was legal to import Sat Equiptment as long as it was declared. That last being in October ( after the Supreme Court Ruling ).

[DoctorNik]

sorry X Factor,,, misread the intent of your posts :)

[To The Real King!!]

Hi Vic,

I just want to clear one thing up so that people are not left with a false impression.

The Supreme Court ruling is NOT under appeal since there IS NO Appeal from the Supreme Court. There decisions are FINAL and so the law will remain as they interpreted and that is that there is an ABSOLUTE PROHIBITION from decoding foreign encrypted satellite signals. Even though the law does not say this, their interpretation will remain forever.

What is happening is that we believe that this interpretation (thus what the law says) is unconstitutional and goes against the Charter of Rights and Freedoms under section 2b. Thus it would be ILLEGAL (against the Charter) for a law to proclaim and absolute prohibition. We believe that as soon as we can get this before a court, that the court will be obliged to rule that it is against the Charter.

Naturally this will be appealed all the way up to the Supreme Court again and during that time sections 9 and 10 of the RC Act will be struck and of no effect. Thus it will again be legal for people to decode encrypted foreign originating signals. This takes effect the moment this ruling is made.

Then we will see what the Supreme Court rules. It will be very difficult, in light of all past rulings for them to not agree with this, but we have learned that the Supreme Court can sometimes be miraculous and pick and choose which way they want to rule, based not on the clear English or French language of a law, not on previous rulings of a similar nature, (such as the MacDonalds tobacco ruling) but on how they interpret that. I do NOT see how they could possibly overturn that, but being miraculous causes miracles to happen.

But to be clear there is NO APPEAL from any Supreme Court rulinghttp://www.legal-rights.org/images/ttrk.gif

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[boondoggle]

Thank you everyone for your input on this. I agree there appears to be no basis in law for seizure of any satellite equipment at the border. No satellite equipment has been classified as prohibited from the information I've been able to find. And I've seen all the rulings mentioned above and all deal only with tax evasion. I was going to import a DTC100, which has the ability to receive off-air HDTV signals and of course can also receive satellite signals if a dish is connected. Particularly in this case, without an access card, or a dish, if this receiver was seized at the border and I had deep pockets for lawyers I believe I could create a small ---- storm. Of course, preparatory precaution would also be in order. But it would almost be worth it. It was only about what...60 years ago (slightly before my time) you needed a license to operate an AM radio in Canada, you know, the true north strong and free?

[Jeet]

Originally posted by To The Real King!!

Naturally this will be appealed all the way up to the Supreme Court again and during that time sections 9 and 10 of the RC Act will be struck and of no effect. Thus it will again be legal for people to decode encrypted foreign originating signals. This takes effect the moment this ruling is made.


Technically it would only be legal in the province that the ruling is rendered. The Supreme Court ruling would still apply to the rest of the provinces. But that is a technicality, the reality is that no enforcement action would be taken until a Supreme Court ruling on the Charter challenge.

[gunsmoke2]

True but after a couple of rulings in different provinces it tends to be accepted across the board. Also the RCMP would be on thin ice if they raided after a Charter ruling in a Province.



GS2

[To The Real King!!]

Hi Guys,

I believe that the Crown, Justice Canada and the RCMP would agree to have no enforcement across Canada rather than have this decided by court after court in different provinces. Since the Charter applies to ALL Canadians, they would be on very weak grounds if they tried to enforce 9 and 10 of the RC Act after it was struck in any province. But technically Jeet, you are correct. In practise however, it would never happen.

They are terribly afraid of this and they know it will go against them and strike 9 and 10 of the RC act. http://www.legal-rights.org/images/ttrk.gif They know full well that almost all defendants who have been through the courts earlier, have made a formal charter challenge on this issue. Since it now has to go back to the original court, they know rulings will be made. Since virtually all the defendants were acquitted (prior to the SCR) they have a good idea which way this will go. Most judges are not very happy to have been reversed so cavalierly by the SCR when so many judges in almost all provinces found the exact opposite. To ignore so many courts and all the way to Appeals courts in two provinces, is unusual to say the least.http://www.legal-rights.org/images/ttrk.gif

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[newguyxxx]

Is US mail a bad idea? Because i have been waitng for like a month on a couple free lnbs from someone in the US and still nothing at my door.:(

[tarnat]

So if it is going to take 2 years before the charter challenge gets heard... are we going to see 2 years of raids such as the one in Saskatchewan today and Quebec a few days ago?? Are they trying to break the back of this thing within the next 2 years.?