October 30, 2025

Crossing the Line? The Canada Border Services Agency’s Traveller Compliance Indicator and the Lesson from New Zealand

Posted by Mario D. Bellissimo - Bellissimo Law Group PC

When the Canada Border Services Agency (CBSA) introduced its Traveller Compliance Indicator (TCI) in September 2025, it was hailed as a step toward smarter, data-driven border management. The AI-powered system predicts how likely travellers are to comply with Canadian law, using years of historical data and behavioral patterns. Yet, as Canada embraces predictive analytics at the border, New Zealand’s experience offers a cautionary tale. Its early use of algorithmic “risk scoring” in immigration sparked public backlash, policy reform, and eventually the creation of an Algorithm Charter a framework that set global standards for fairness, transparency, and accountability in government use of AI. The question for Canada is whether it will learn from those lessons before the line between innovation and intrusion is crossed.[1]

How the TCI Works

The TCI draws on up to five years of CBSA records, incorporating data such as travel frequency, type of identification, vehicle details, and prior entry patterns. Currently in pilot testing at selected land ports of entry, the CBSA plans to expand the system nationwide in the coming years. While the agency promotes TCI as a means of enhancing border efficiency and national security, its predictive nature raises significant legal, ethical, and privacy concerns. [2]

Lessons from New Zealand

New Zealand faced similar challenges several years earlier. After developing predictive “harm models” that analyzed variables such as age, gender, ethnicity, immigration status, and use of public services, the government encountered widespread criticism for bias and lack of transparency.[3] The public backlash led to the creation of the Algorithm Charter for Aotearoa New Zealand (2020), which set clear principles for fairness, accountability, and human oversight in government use of algorithms.[4]

The Canadian experience with the TCI bears striking resemblance to New Zealand’s earlier trials. The risk is that predictive models when based on sensitive or poorly contextualized data can reproduce existing inequities, disproportionately flagging racialized or marginalized travellers as “high-risk.”

Potential Implications for Canada

While the TCI promises smoother border management, it simultaneously opens the door to algorithmic bias, false positives, and opaque data practices. Predictive modelling without informed consent, cross-system data sharing, and the aggregation of personal histories all raise profound privacy and human rights concerns.[5] These issues demand rigorous, plain-language privacy and algorithmic impact assessments before full deployment.

Conclusion

If left unchecked, the TCI’s pursuit of “non-compliant” travellers could end up profiling the very people it seeks to protect creating new risks for Canada’s border integrity and public trust. Canada should follow New Zealand’s lead and establish clear, transparent guardrails on the use of AI in public governance to ensure that security never outweighs fairness or accountability.

Sources

Mario D. Bellissimo

Mario D. Bellissimo is the founder of Bellissimo Law Group PC and a graduate of Osgoode Hall Law School and a Certified Specialist in Citizenship and Immigration Law and Refugee Protection. His practice focus is on citizenship, immigration and protected person litigation and inadmissibility law. Mr. Bellissimo has appeared before all levels of immigration tribunals and courts including the Supreme Court of Canada. He is the past Chair of the Canadian Bar Association National Immigration Law Section, serves as an appointed member of the Federal Court Rules Committee and participates on multiple stakeholder committees involving the Federal Courts, the Immigration and Refugee Board, Immigration, Refugees and Citizenship, the Canada Border Services Agency, Employment and Social Development Canada, and the Department of Justice.
 
Mr. Bellissimo acts on a pro bono basis for Toronto’s Sick Kids Hospital and Pro Bono Law Ontario and as the National Immigration Law and Policy Advisor for COSTI Immigration Resettlement Services. Mr. Bellissimo has authored several immigration legal publications for Thomson Reuters including Canadian Citizenship and Immigration Inadmissibility Law, Second Edition and is the Editor-in-Chief of the Immigration Law Reporter.  Most recently he authored Canadian Immigration Law and Policy: Then and Now published by Irwin Law/University of Toronto Press as part of the Understanding Canada Series.
 
Mr. Bellissimo has taught several immigration law courses, speaks across Canada and appears frequently in the media on breaking citizenship, immigration and refugee stories. Mr. Bellissimo has testified before Parliamentary and Senate Committees on several proposed amendments to immigration law over the years. He has lead policy papers, legal analysis and proposed recommendations to government on behalf of immigration advocacy associations and Bellissimo Law Group PC.