Mr. Arseneault, first of all, welcome to the committee. I think this is the first time we've had the opportunity to have an exchange.
The one change in this section compared with the existing arrangement is that if a Canadian officer cannot be reasonably available, then the American officer can proceed with the search.
There are two things about that. I have spoken with the chief executive officer, the president of CBSA, to make the very strong point that Canadian officers need to make themselves available. This legislation contemplates that kind of collaboration and service. If there is a problem, as I indicated earlier, you take this rule, apply it over the last 60 years and it's not likely that this problem would have arisen at all.
However, if it arises, then CBSA should respond—and quickly—to the circumstances to make sure that the spirit of the law is respected. If, in some very unlikely circumstance, the CBSA cannot respond, then the search could proceed, but it would be according to Canadian rules, not American rules. The provisions of the charter apply, and the respect for human rights, and so forth. As well, it has to be reported on after the fact so that the details, if necessary, can be fully examined.
We've tried to make sure there's a very strong fence built around this provision so that the rights of Canadians would not be affected in an undue way.