The Canada Border Services Agency (CBSA) states it acted lawfully and in good faith when it detained almost 50 containers of solar panels belonging to a Victoria, B.C., company, Charge Solar Renewables Inc., due to concerns about potential forced labor in their production. Charge Solar filed a lawsuit against the CBSA in Federal Court in November 2024, claiming the detention of the $5-million worth of Chinese-made solar panels led to the company losing its dominant market share.
The company's lawsuit alleges border guards detained shipments arriving at Vancouver, Calgary, and Toronto ports between February and April 2024, but later released them after determining they weren't prohibited under rules implemented in 2020. In its statement of defence filed last month, the CBSA argues that Charge Solar made the economic decision to purchase and import the panels knowing they were subject to inspection and potential detention. The agency denies any duty of care to importers, stating that the law doesn't require border guards to consider the impact of detention decisions on private businesses or their commercial relationships. The statement of defence further contends that allowing the company's negligence claim would create indeterminate liability for each decision made by border officers regarding imported or exported goods. The Charge Solar shipments were eventually released in June and July
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