Senator Wells: Just one supplementary question, Senator Gold. I recognize the sensitivity around this, but I think a good solution — and I don’t know if it has been requested; perhaps you could pass along this request to the parliamentary secretary who is in charge of this file — is to simply request that they be allowed to return to Canada while the investigation is ongoing. I’m sure they would be happy to testify once that investigation is over.

Senator Wells: Agreed. I asked the question and I was waiting for the answer.

Senator Wells: Thank you.

Your Honour, I have more questions, but I will cede the floor.

Hon. David M. Wells: Honourable senators, my question is for the government leader in the Senate. Senator Gold, on April 5, 2022, just over three weeks ago, while conducting a commercial air charter, crew members of Pivot Airlines, a Canadian company, discovered suspected contraband in a maintenance compartment of the aircraft during the course of their normal duties at the Punta Cana International Airport in the Dominican Republic. In keeping with Transport Canada policies and international laws, the crew immediately reported the discovery to local and Canadian authorities.

Despite reporting the suspected contraband to authorities, the five crew members were immediately detained. Pivot Airlines and the three unions representing the crew were able to secure their release on bail. However, they must remain in the Dominican Republic until the matter is resolved. It’s essentially a house arrest due to the nature of what they found and, frankly, the nature of the smugglers.

The airline, the unions and the crew’s families all remain deeply concerned for their safety and security while they remain in the Dominican Republic under continued threats of harm and the ongoing possibility of prosecution.

Furthermore, this situation also raises serious concerns for all Canadian travellers and, in particular, Canadians who travel to this region as part of their employment.

Can the leader please tell the chamber and, frankly, the families, what the Minister of Foreign Affairs has done and will do by way of intervention in this urgent matter, including asking the Dominican government to immediately release the crew and allow them to safely return to Canada for the duration of the investigation?

Senator Wells: You mentioned that this is the regular policy of CBSA border officials, turning this into legislation. Ignorance of the law is no excuse, of course. I was stopped at the border a number of years ago. They asked for my phone and I gave them my phone. They asked for my password and I gave my password. I don’t know CBSA policy. Ignorance of policy is kind of an excuse and I think it would be challengeable.

Because the proposed law says they have to shut down network connectivity before they do a search, do you think it would be reasonable in the legislation for them to advise that the traveller has the right to shut down connectivity? Under policy, they have no obligation to tell the passenger anything.

Do you think it is reasonable under the legislation that they would have the obligation to do that — something like the Miranda law, where someone is given certain rights if they are under suspicion?

Hon. David M. Wells (Acting Deputy Leader of the Opposition): I have a couple of questions, Senator Boniface, if you will indulge me.

You talked about the multiplicity of indicators. How do you define “reasonable general concern” or, in fact, “lower than reasonable general concern”? What sort of indicators or behaviours would a CBSA officer look for? I am mostly concerned about this lower bar. If I come off an eight-hour flight, I’m at the airport, and if I don’t get sleep, I’m irritated, maybe dishevelled, not my normal absolutely pleasant self, how would a CBSA officer know that’s not my general nature?