Hon. Renée Dupuis: Senator Dean, thank you for the report you presented as the committee’s chair.

I want to be sure I understand the amendment passed in committee. The Alberta Court of Appeal decision stated that there is a test that needs to be met, but not necessarily the one that is currently in the act; it could be a slightly less stringent test for the Canada Border Services Agency, rather than the one currently set out in the act.

My understanding is that the amendment that was passed by the committee is to decide on the test, to expand the application of the current standard — which the agency is very familiar with and used to implementing — and, therefore, to expand the issue of searches of devices to cell phones and tablets. Is that correct?

[English]

Senator Dean: Thank you for the question, Senator Dupuis. Yes, indeed, that is precisely the approach that committee members took — moving to what is a pre-existing standard for other purposes under the Customs Act and Preclearance Act, 2016, which is “reasonable grounds to suspect.” That is, as I understand it, the next higher level of threshold that would be available beyond this new concept of “reasonable general concern.” You are correct in your reading of it.