Hon. Gwen Boniface: Thank you, Senator Wells. I think you raised important questions, particularly around timing. I share some similar concerns in terms of this bill. Also, you didn’t mention — but I think you are aware — that it was denied referral to the Supreme Court. What it leaves for customs officers is inconsistency across the country. From my perspective, it’s so important to have a pan-Canadian perspective — one that we can make well known to our U.S. counterparts and others.

While we are frustrated, perhaps, with the speed with which the bill was put before the Senate, for the sake of those officers trying to do their work, would you agree with me that we should do a thorough review but not slow it down intentionally because of our displeasure with the government?

Hon. Gwen Boniface: Thank you very much. I raised in my speech similar considerations that needed to be had around the threshold, but I do want to make sure that the Court of Appeal’s paragraph 75 was clear. I want to ask if you would agree that this is in fact what paragraph 75 of the Canfield ruling said that in their view:

 . . . the threshold for the search of electronic devices may be something less than the reasonable grounds to suspect required for a strip search under the Customs Act. . . .

and that:

Whether the appropriate threshold is reasonable suspicion, or something less than that having regard to the unique nature of the border, will have to be decided by Parliament and fleshed out in other cases. . . .

Is it not clear to you in Canfield that they were giving the range for Parliament to make a decision around that? Am I correct?

Senator Boniface: Thank you for the question, Senator Simons. How Canfield was interpreted — and I hope I spoke clearly on it — was that the court recognized there would be something between what would be the routine check and the reasonable grounds. I will send you the paragraph number to be clear.