We've been touching on a lot of issues surrounding the reasonable expectation of privacy. I might start there. This is a question relating to part 3 of the bill. I've read about this in a few places. I think it has been suggested by Professor Forcese and by the BCCLA that there should be amendments made to subclauses 23(3) and 23(4). The changes would add some words.
The existing subclause 23(1) reads:
Activities carried out by the Establishment in furtherance of the foreign intelligence, cyber-security and information assurance, defensive cyber operations or active cyber operations aspects of its mandate must not be directed at a Canadian or at any person in Canada.
The suggested amendments would add the words, “involve the acquisition of information in which a Canadian or person in Canada has a reasonable expectation of privacy.”
Then the text would go back to the wording that we now have in subclause 23(3), namely, “unless they are carried out under an authorization issued under subsection 27(1) or 41(1).”
Because we've been talking a fair bit about reasonable expectations of privacy and how we manage the constraints of adding that in, do you think this concern is covered by other parts or layers of the legislation, or do you see the value of making additions? I'm not asking from a policy point of view, but am trying to see if you see it covered somewhere else.