91Ƶ

Skip to content

Canada91Ƶs border agency sued for 91Ƶforced labour91Ƶ product detainment

Agency said it detained about 50 cargo shipments since 2021, only one found to be in breach of ban
web1_241121-cpw-border-agency-forced-labour-seizures-workers_1
Better training and information-processing tools are needed to help the intelligence program at Canada91Ƶs border agency fight everything from firearms smuggling to human trafficking, says an internal evaluation. A Canada Border Service Agency member looks on before a ceremony at the legislature in Victoria, Sunday, Sept. 24, 2023. THE CANADIAN PRESS/Chad Hipolito

Canada91Ƶs border agency says it has detained about 50 shipments of cargo over suspicions they were products of forced labour under rules introduced in 2020 91Ƶ but only one was eventually determined to be in breach of the ban.

The Canada Border Services Agency provided the figures after being asked about a lawsuit against it by a Victoria solar firm, which says a shipment of solar panels worth more than $5 million was wrongfully detained over false suspicions they were made with forced labour in China.

Charge Solar Renewables Inc. says in a Federal Court lawsuit that the months it took to convince the agency to release the panels irreparably damaged its market position.

The CBSA declined an interview request, but said in an emailed statement that the 91Ƶimport prohibition respecting forced labour came into force in July 2020,91Ƶ and border agents classify goods on a 91Ƶcase-by-case basis.91Ƶ

It said that since 2021, 91Ƶapproximately 50 shipments have been intercepted and assessed.91Ƶ

91ƵAfter an extensive review of detailed supply chain information provided by importers, one shipment was intercepted and determined to be produced by means of forced labour and prohibited entry into the Canadian marketplace. The remaining shipments were permitted entry,91Ƶ it said.

One other shipment was abandoned at the Canadian border by the importer.

It said it was prohibited from naming any of the companies involved in the detentions, and it would not comment on the specifics of Charge Solar91Ƶs lawsuit, filed this month in Vancouver.

The lawsuit says Charge Solar had a supply contract with Chinese firm LONGi Green Energy Technology, and the panels were shipped to Vancouver, Toronto and Calgary between February and April 2024.

It says 47 containers were detained by border agents who told the firm it needed to show the panels worth more than US$3.8 million weren91Ƶt prohibited as goods made with prison or forced labour.

The company says it provided 91Ƶthousands of pages91Ƶ of information to the agency about the manufacture of the panels, including affidavits from those along the supply chain attesting they weren91Ƶt made with forced labour.

The company, which did not respond to a request for comment, says in the lawsuit that it 91Ƶstrongly opposed the detention of the goods.91Ƶ

The lawsuit says the holdup resulted in customers cancelling orders, while the agency 91Ƶtook an unprecedented step requiring Charge Solar to explain solar module supply chains.91Ƶ

It says similar or identical goods, some from the same supplier, that were imported by competitors weren91Ƶt subject to investigations or detentions, and as a result Charge Solar91Ƶs 91Ƶdominant market share 91Ƶ was significantly and irreparably eroded.91Ƶ

The Charge Solar shipments were eventually released in June and July.

Charge Solar says the deal with LONGi involved products 91Ƶoriginating in Vietnam.91Ƶ

However, forced labour researchers say LONGi has a 91Ƶvery high91Ƶ risk of exposure to forced labour in its products due to sourcing from China91Ƶs Xinjiang Uyghur Autonomous Region.

Researchers at the Helena Kennedy Centre for International Justice at Sheffield Hallam University in Britain said LONGi was 91Ƶthe largest global supplier of solar wafers91Ƶ to companies that produce solar cells.

The researchers concluded the firm91Ƶs sourcing from Xinjiang in China91Ƶs west meant that its risk of exposure to forced labour in their products was 91Ƶtransferred to all users91Ƶ of its solar panels.

In March 2023, Global Affairs Canada issued an advisory to Canadian firms doing business in Xinjiang 91Ƶto bring attention to human rights violations in China affecting Uyghurs and other ethnic minorities from the Xinjiang Uyghur Autonomous Region.91Ƶ

The Uyghurs are a Muslim ethnic minority who have been the subject of 91Ƶserious human rights violations91Ƶ by China, according to a 2022 report by the United Nations High Commissioner for Human Rights.

Global Affairs issued the advisory 91Ƶto help Canadian firms and stakeholders understand the legal and reputational risks posed to companies whose supply chains engage with entities possibly implicated in forced labour.91Ƶ

William Pellerin, an international trade lawyer in Ottawa, said Canadian enforcement action against goods suspected of involving forced labour has paled in comparison with efforts in the United States.

The U.S. Uyghur Forced Labour Protection Act made it easier to take action on goods from Xinjiang believed to be made with forced labour, he said.

Much of the world91Ƶs polysilicon used in the production of solar panels comes from Xinjiang, Pellerin said.

91ƵThat region really is very important to global supply chains across multiple sectors,91Ƶ he said.

He said the United States had detained 91Ƶbillions91Ƶ worth of goods believed to involve forced labour, including 91Ƶvery large volumes of Chinese solar products.91Ƶ

91ƵI think it behooves any party that is bringing in solar material from China to be extremely diligent in its supply chain and to ask all of the questions to make sure it has a full understanding going as far back as possible upstream into the input materials to make sure that your supply chain is as clean as possible,91Ƶ he said.

Pellerin said he couldn91Ƶt comment on the specifics of Charge Solar91Ƶs case, but any action against a government faces a 91Ƶvery high bar.91Ƶ

He said border guards and law enforcers had a 91Ƶa vast amount of discretion91Ƶ carrying out their duties.

LONGi did not respond to an emailed request for comment on the detention.





(or

91Ƶ

) document.head.appendChild(flippScript); window.flippxp = window.flippxp || {run: []}; window.flippxp.run.push(function() { window.flippxp.registerSlot("#flipp-ux-slot-ssdaw212", "Black Press Media Standard", 1281409, [312035]); }); }