I would start my response by noting—I think it was Kris that noted—that the courts often say that you have no reasonable expectation of privacy. I think part of the problem here is that, if we are reliant on a reasonable expectation of privacy, but many people have in a sense been taught that you should not expect any privacy when you're crossing a border—I don't think that's the right thing to have been taught. However, from an experiential perspective, that is how many people regard that experience. Then it is a bit of a self-fulfilling prophecy, if we're reliant on a reasonable expectation of privacy, but people don't expect any, well then they say, “Sorry, you got exactly what you expected.”
From my perspective, one of the starting points for solving this issue is to leave out the privacy side and let's establish reasonable expectations about what people will encounter when they cross the border. Part of that depends upon far better disclosure and information. We've already seen, in some of the questions here where there is confusion, even after you've heard from the CBSA or other officials about what the policy happens to be.
If you're getting the actual officials in here and questioning them and you're still not sure about what is actually taking place, Canadians can hardly be blamed for not having any real understanding about what the standards are, much less the fact...the idea that we ought to be separating what Canadian officials are doing and what U.S. officials are doing. When we have U.S. officials on Canadian soil, many people struggle to distinguish between what's taking place because it's all happening here, at the Ottawa airport, or at Pearson, or wherever it happens to be, even if the officials come from different places.
Even before we say let's set out and fix the law, we have to begin, I think, to establish reasonable expectations for people, which must surely come from far better disclosure and clarity about what is permitted and what is not. I think that will allow for a much more robust debate to ensure that people do sleep well at night, when it comes to the kinds of standards that we have about protecting our borders, but also sleep well at night knowing that the next morning, when they're going to the airport, they're not going to be subject to an invasive search that seems inappropriate.