While several Canadian provinces had recently passed legislation to prohibit smoking inside cars with children, the federal government had surreptitiously instructed the Canada Border Services Agency to permit Canadian children to bring imported cigarettes and other tobacco products into the country.

The Sun Media quoted a portion of the CBSA memorandum released in late 2007 that, "According to a legal opinion recently obtained by headquarters, federal and provincial laws on tobacco have no provisions to prevent the importation of tobacco products."

The memorandum, signed by CBSA director Raymond Bedard, pointed out effective May 3, 2007, age requirements to bring in tobacco imports were removed. Thus Canadian minors may even take advantage of duty-free exemptions and bring in 200 cigarettes and 50 cigars.

The memorandum shocked anti-smoking groups and even the CBSA union. Scott McDonald from the British Columbia Lung Association asked the federal government to close the legal loophole that may encourage more Canadian youth to take up the vice.

George Scott, national vice president of the Customs Excise Union, gave a terse but powerful reaction saying, "Ethically and morally it's wrong."