I have a question about the way the paragraph of the amendment is worded. It says “request, by subscription or by purchase. It does not include information in respect of which a Canadian or person in Canada has a reasonable expectation of privacy”.
Normally reasonableness is a test or bar that is measured by somebody sitting in the judge's chair, not somebody who is sitting in the defendant's chair or anywhere else. Am I reading this correctly that it's a reasonable test in an individual Canadian's opinion? Or is it a reasonable test before the court?