While it's true that there are rules in place to minimize mass surveillance from those agencies, as was mentioned, in recent draft guidance to law enforcement agencies, the Privacy Commissioner raised the concern that because the laws around this are currently a patchwork, there are concerns that there are loopholes and that there will be ways for federal agencies and law enforcement agencies to engage in mass surveillance that otherwise would be considered unlawful.
There's a lack of clarity around that right now. The lack of discussion and the lack of forthcomingness from federal agencies to discuss their use of facial recognition technology is what raises these deep concerns that they could be engaging in forms of surveillance that are unlawful or which otherwise would be considered unlawful, but are doing so because of this patchwork of legislation.
There are also debates around what's considered mass surveillance. For example, the RCMP scrape information about individuals online and keep those in databases. We know they have been doing that. This is beyond facial recognition, but they would argue they have a right to collect that information, whereas others have been challenging it as we have, saying that it's a form of mass surveillance that needs to be regulated.