It's PRG-2015-31. This is the policy guidance that says that, under the Customs Act, paragraph 99(1)(a) is for customs purposes only, and mentions the multiplicity of indicators. With respect to IRPA, subsection 139(1) refers to reasonable grounds, that the purpose of the search should be confined to these issues, and that they must explain their reasoning. Certain protections are outlined.
Not for today, but if you could review that policy guidance from the CBSA, and if you have additional privacy protections that you would like to see the CBSA include in that policy guidance, it would be good to have that for our purposes at this committee.
I take your principal point here that the policy is generally wise, but it ought to be reflected in legislation. The first point is that we receive any additional guidance you have, and the second recommendation would be that it be reflected overall in legislation. That's on the Canadian side, as I understand it. We provide protections to Canadians and foreign nationals through the CBSA rules. None of those same protections apply if we're travelling to the United States.
We had the ACLU before us, and they said, as you've said, that the rules allow the government to search any travellers, regardless of citizenship status, and devices without a warrant, probable cause, or suspicion. You've mentioned the U.S. Judicial Redress Act. Are there any other measures or mechanisms that we should be asking our American counterparts to implement to protect Canadians' privacy, other than simply adding Canada to the designated list of countries under the JRA?