If a power is granted that is conditional on obtaining a warrant, then that additional protection already exists, since one must go before a court to obtain the warrant.
That said, we need to look at the criteria, because judges' powers are also limited by law. If the law says that the judge may grant the warrant if it is useful to the investigation, that is very easy to establish. We can also limit what judges can do. For example, we can give the judge sufficient powers to impose all the necessary conditions, or we can limit their powers in this regard.
Would we allow the judge to consider the impact not only on that person's privacy, but also on third parties? Some of these powers allow certain things to be done with a Canadian's device and allow their communications with others to be examined. However, the impact on third parties is significant. All these issues are important.
The police must be given the tools they need, but I think this rigorous analysis is important. It is important to ask why we need this and why it can't be done while providing greater protection for privacy. I see it this way: I want to ensure that law enforcement agencies have the necessary tools, while having a strict and appropriate standard and mechanisms for reporting to the appropriate authorities.
