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Border service says it detained solar panels in forced labour probe in 91Ƶgood faith91Ƶ

Canada Border Services Agency responses to lawsuit filed by Canadian firm affected by the seizure
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A patch is seen on the shoulder of a Canada Border Services Agency officer91Ƶs uniform in Tsawwassen, B.C., Friday, Dec. 16, 2022. THE CANADIAN PRESS/Darryl Dyck

The Canada Border Services Agency says it acted lawfully and in 91Ƶgood faith91Ƶ 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 91Ƶdominant market share.91Ƶ

The company91Ƶs 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 weren91Ƶt prohibited under rules that came into force in 2020.

The border agency91Ƶs statement of defence filed last month in Federal Court says the company 91Ƶmade the economic decision91Ƶ to purchase and import the panels knowing they were subject to examination and possible detention.

The agency says it owes no 91Ƶduty of care91Ƶ to importers because the law doesn91Ƶt oblige border guards 91Ƶto consider the impacts of detention decisions on private business interests and their commercial relationships.91Ƶ

The statement of defence says there are 91Ƶimportant policy reasons91Ƶ against allowing the company91Ƶs lawsuit for negligence because it 91Ƶwould create indeterminate liability91Ƶ over 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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