Smuggler’s Inn owner loses Canadian constitutional challenge, but news not all bad for him
Blaine Smuggler’s Inn owner Robert Boulé will have to face criminal charges in Canada next year after his constitutional challenge of the country’s Immigration and Refugee Protection Act was quashed, according to a story by The Abbotsford News.
But on this side of the border, Boulé won another battle in U.S. District Court allowing him to continue a lawsuit against a U.S. Customs and Border Protection agent Boulé claims violated his First and Fourth Amendment rights, according to a story by techdirt.com.
Boulé was arrested in April of 2019 for reportedly attempting to help seven people illegally cross the border into Canada between May 2018 and March 2019 from the Smuggler’s Inn, which is located adjacent to the U.S. border with Canada, according to the Surrey Now-Leader at the time. He was originally set to face 30 charges, but nine were stayed in June 2019.
Boulé later alleged that three sections of the Immigration and Refugee Protection Act infringe on a portion of the charter, and in particular the right to life, liberty and security of the person, the Peace Arch News reported. He claimed the three sections were “over broad, arbitrary and vague” and that they could be justified under section 1 of the charter, according The Abbotsford News.
Madam Justice Nitya Iyer ruled that the challenged sections were not arbitrary nor vague, according to The Abbotsford News, though she did concede that two sections were “unconstitutionally overbroad.” The third was found to be sound, though.
Her ruling meant that Boulé’s criminal trial can proceed, according to The Abbotsford News, and has been set for Aug. 10 to Sept. 3, 2021.
On this side of the border, where Boulé has claimed he was working as an informant for U.S. immigration officials and that they knew of his activities for years, the U.S. District Court in Seattle ruled that Boulé had the right to sue a CBP agent he claims violated his rights.
Boulé alleges the agent violated his Fourth Amendment rights in March 2014 when he allegedly shoved Boulé against a car and pushed him to the ground while the agent was attempting to question a Turkish guest at the Inn about his immigration status, according to the techdirt.com story. Boulé claims he had to seek medical treatment for injuries to his back resulting from the incident.
Boulé also alleges that the agent retaliated against Boulé for reporting the incident to the agent’s superiors and contacted the Internal Revenue Service and asked them to look into Boulé’s tax status, violating his First Amendment rights, techdirt.com reported.
Despite the agent claiming that he was carrying out his duties, Judge W. Fletcher wrote in the court’s opinion obtained by techdirt.com that Boulé lawsuit could proceed.
This story was originally published December 7, 2020 at 5:00 AM.
