No, DHS did not "steal" your boat. They confiscated it and you'll get it back by following some lengthy and convoluted appeal process.
But I seriously don't understand Customs and Border Patrol (CBP) and why they have to be such utter dickheads on the Canadian border. Their Canadian counterparts (CBSA) are just as effective and efficient and somehow manage to be generally sane and rational.
They absolutely did "steal" his boat, for some definition of the word "steal."
The DHS agent will not be charged with theft or larceny. But he was in lawful possession of a boat, someone with a gun ordered him off the boat, and he is no longer in possession of a boat.
You raise an interesting point, by the way. America is partly founded on the idea that laws do not create rights, but instead recognize natural rights. If this story is accurate and the DHS agent did not recognize his natural rights, that is an offense. But if the law did not recognize his natural rights, that is an even greater offense.
I'm not sure - I think this is 'need a lawyer' territory.
But I would put forth the point that it's possible for an item to not be formally owned by anyone. Control is a kind of ownership, but it's not necessarily lawful ownership, otherwise a thief would lawfully own your car once he's driven off in it.
Perhaps it might be that he lawfully owns it, but can't lawfully control it until he gets the customs sign-off? But if he lawfully owned it while it's impounded, would that not mean he would have to pay licensing/registration for it while it sat there?
I frequently travel across the border in both directions between BC & Washington. To be honest I believe that your experience often comes down to the particular agent you have to deal with in your crossing & how they feel that day. I've had US CBP agents question me at length for a simple crossing ("Are you sure you have never been arrested? Really sure? ") and Canadian CBSA agents pat me down and search every square inch of my car.
Crossing the border is a bit easier with a Nexus card, but again your experience really depends upon the agent you come upon any given day.
Some people just shouldn't be working in positions of 'authority'.
When CBSA searched your car were they doing it as a power trip or were they doing it for some unexplained reason? The latter is just part of the job. I travel quite often to the states and find that the CBSA agents are almost uniformly polite and often friendly. Going the other way, I find CBP agents are generally surly and aggressive.
But I seriously don't understand Customs and Border Patrol (CBP) and why they have to be such utter dickheads on the Canadian border. Their Canadian counterparts (CBSA) are just as effective and efficient and somehow manage to be generally sane and rational.