The Australian regime does not include judicial authorization. This has been one of the heaviest criticisms levelled at the regime, including by an independent review of the regime that was conducted two years ago. It was the single biggest flaw that the independent review considered needed to be fixed right away. The U.K. regime does rely on judicial review by a commissioner.
Under Canadian law, judicial review, as a mechanism, is different from judicial authorization, and it's important to keep the differences in mind. Judicial review is an assessment of whether the decision-maker made a reasonable decision based on the information in front of them. In contrast, when judges are authorizing a search warrant or something of that nature, they are the ones who are weighing the different considerations.
Given the nature of the bill, it's particularly problematic to rely on judicial review alone, as opposed to a stronger type of independent scrutiny.
