The Canada Border Services Agency says it acted lawfully and in BԪַgood faithBԪַ when it detained nearly 50 containers of solar panels belonging to a Victoria, B.C., company over concerns they were made using forced labour.
Charge Solar Renewables Inc. sued the border agency in Federal Court in November 2024, alleging the detention of solar panels from China worth more than $5-million caused it to lose its BԪַdominant market share.BԪַ
The companyBԪַs lawsuit says border guards detained the shipments that came through ports in Vancouver, Calgary and Toronto between February and April 2024, but later lifted the detentions after determining the panels werenBԪַt prohibited under rules that came into force in 2020.
The border agencyBԪַs statement of defence filed last month in Federal Court says the company BԪַmade the economic decisionBԪַ to purchase and import the panels knowing they were subject to examination and possible detention.
The agency says it owes no BԪַduty of careBԪַ to importers because the law doesnBԪַt oblige border guards BԪַto consider the impacts of detention decisions on private business interests and their commercial relationships.BԪַ
The statement of defence says there are BԪַimportant policy reasonsBԪַ against allowing the companyBԪַs lawsuit for negligence because it BԪַwould create indeterminate liabilityBԪַ over each decision made by border officers regarding imported or exported goods.
The Charge Solar shipments were eventually released in June and July.