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 Boniface: So much depends on the specifics of what they find and what they do. One important piece — and I mentioned it in my speech — is if it comes to the point of a criminal investigation, such as the one you refer to, that would normally be referred to a different area. The material would be held — the phone — and then they would send it over for an investigation, which would likely then go to the local police to lay the charge.

The distinction is what the device initially is looking for is regulatory contraventions under the regime of the customs legislation. I should have mentioned it at some other point, but they have 90 different pieces of legislation that are covered under the contraventions. The criminal piece is normally done by the local police service, so it would be a connection then. Then they do a criminal investigation that’s separate and apart from it. That’s normally how the process would work locally.