Hon. Salma Ataullahjan: Senator Gold, thank you for your thoughtful and insightful speech. I have a couple of questions.

Senator Gold, multiple reports, including one by the Canadian Human Rights Commission, have found that individuals who are racialized or Indigenous are at a much greater risk of being selected for so-called random screening and extra questioning. One study found that 79% of Muslims — or their friends and family — have experienced unfair treatment. We have heard many times our colleague Senator Jaffer being very vocal about how she is regularly pulled over for random screening.

Do you worry that border guards will misuse their authority to access our phones, which contain intimate details on every aspect of our lives? In fact, our phones have become an extension of our inner lives.

Senator Ataullahjan: Senator Gold, I like that racism is illegal, but we have to admit it exists. I speak for a community that is regularly stopped for random searches. It’s almost become a joking matter to say, “Okay, I was pulled over. This is what they wanted to know.” My question is how and does the government have a plan to prevent Bill S-7 from being used explicitly to violate the privacy of groups that are already discriminated against by border guards?

Senator Ataullahjan: I do. Senator Gold, biases exist. I think back to the day when my mother-in-law, who happened to be one of the first female doctors of the Indian subcontinent, came to visit and, because she was in traditional clothes, one of the guards said, “Oh, dear. I wonder if she can speak English,” to which she retorted, “And how!”

An American Civil Liberties Union report showed that 96% of individuals apprehended by American border guards were identified as being of a racialized background. Three customs and border protection officials filed a lawsuit against the agency alleging they were required to profile racialized persons. As The Washington Post stated, “Driving while Brown or Black is a key reason for being stopped by the Border Patrol. . . .”

Why is our government extending greater search authorities to an organization already known to indiscriminately target racialized persons? That is my last question to you, Senator Gold.

Senator Ataullahjan: Senator Dalphond, reasonable suspicion— what does that mean? Would that be different for every agent? Who decides?

Senator Ataullahjan: I have been listening to the debate, and, at the risk of sounding ignorant, can you tell me what happens when you have a racialized person coming through and their phone is looked at? There is a lower threshold. What happens? I, as a Muslim, will sometimes have a prayer on my phone in Arabic. What happens if the border agent doesn’t understand what that says? How does that impact a racialized person or, in this case, a Muslim?

Hon. Salma Ataullahjan: Senator, would you take a question?

Hon. Salma Ataullahjan: Senator Wells, did you know that even if you have your phone on airplane mode without the location on they will know where you have gone and how long you’ve spent at various locations?