Senator Wells: Thank you, Senator Moncion. You’re correct; it’s easy to do. Unlocking a phone is easy to do — the facial scan or, on some, the thumb print or simply the password.

From my understanding — and I think it was in Senator Boniface’s second reading speech, and indeed in one of the two briefings I had from departmental officials — you are required to give your password to unlock the phone. That is a requirement. If you choose not to give the password, then CBSA has the right to hold the phone and unlock it in whatever ways they unlock phones.

I can’t remember the exact term, but CBSA told me that their policy was that they would only search it in non-connectivity mode. I call it airplane mode, and, yes, it’s easy to switch it off. If they do that, then obviously they would be violating their own policy, as they did in my case. In fact, I didn’t even put it in airplane mode because I didn’t know that was a choice I had. I think it’s a fundamental right, and Canadians should be told that they have a choice, certainly if it’s under policy. If it’s under law, they may not have that right.

You’re right that taking it off airplane mode is simple, but their policy — and this is what they told me — is that their searches can only be conducted without connectivity. Taking it off airplane mode is very simple, and perhaps if we make an amendment to the bill, it will be in law that they have to be informed. I think that would be an amendment that would be worthy of consideration for the protection of the rights of Canadians.