If the standard of proof I spoke about—that is, if the reasonable grounds to suspect remain—that would certainly lead to constitutional challenges. There would also be a certain ambiguity or uncertainty for awhile, until the courts make a ruling in that respect. I think that the courts will deem this standard unconstitutional. So there will be some ambiguity or uncertainty during that period.
The other issue that Bill C-13 raises is the immunity clause. Under that clause, telecommunications companies, and others, that voluntarily provide information upon request by the government would be protected by the immunity clause when they provide information that should be protected pursuant to Spencer.
Will the communicated information be shared because it represents a reasonable invasion of privacy? There is some ambiguity there and, until the courts have ruled on these two issues in particular, Canadians will be pretty much in the dark for a certain period of time.