Bill S-7 explained in plain English

On March 31, 2022, the Senate held its first reading of Bill S-7, an Act to amend the Customs Act and the Preclearance Act, 2016. The sitting included other proceedings such as statements on cultural diversity, the Afghanistan crisis, and tributes to former senators. It also covered routine proceedings, questions regarding foreign affairs, fisheries, health, and justice, and debates on various bills including appropriation bills and a bill respecting regulatory modernization. The introduction of Bill S-7 occurred during the "Routine Proceedings" section of the sitting.

On April 28, 2022, the Senate debated Bill S-7, an Act to amend the Customs Act and the Preclearance Act, 2016. Senator Gwen Boniface introduced the bill, explaining that it aims to update the legal framework for examining personal digital devices at the border. The bill proposes a new threshold for these examinations, requiring a "reasonable general concern" before an officer can search a device. This change is in response to a 2020 court ruling that found the previous lack of a threshold for examining digital devices unconstitutional. The bill also aligns examination authorities for Canada Border Services Agency (CBSA) officers and U.S. pre-clearance officers. Discussions in the Senate focused on balancing border security with traveller privacy, the effectiveness of the proposed threshold, and the impact on operations. The debate was adjourned, meaning it will continue at a later date.

On April 28, 2022, the Senate debated Bill S-7, an act to amend the Customs Act and the Preclearance Act, 2016. The bill aims to establish a new legal threshold for examining personal digital devices at the border. Senator Gwen Boniface, the sponsor of the bill, explained that current laws, particularly the Customs Act, lack specific limits on examining devices, which courts have found unconstitutional. Bill S-7 proposes a "reasonable general concern" threshold for border officers to examine devices. This is intended to balance national security and public safety with individuals' privacy rights. The bill also aligns examination practices for Canada Border Services Agency officers and U.S. pre-clearance officers. The debate highlighted concerns about the new threshold's potential impact on border operations, the clarity of its definition, and the alignment with international practices. The Senate adjourned the debate on the bill.

On May 3, 2022, the Senate continued its debate on Bill S-7, An Act to amend the Customs Act and the Preclearance Act, 2016. The debate focused on the potential impact of the bill on individuals' privacy rights when their electronic devices are searched at the border. Senator Paula Simons raised concerns that the proposed threshold for searching devices, a "reasonable general concern," is vague and could lead to misapplication or abuse, potentially infringing upon Charter rights. She argued that the bill might actually lower privacy protections rather than enhance them, contrasting it with existing provisions in the Customs Act that require "reasonable grounds" for searches. Senator Gwen Boniface questioned if the court in the R. v. Canfield decision had suggested a lower threshold than "reasonable grounds" for electronic device searches and if Parliament had the discretion to set this threshold. Senator Simons agreed that Parliament had a role but maintained that the "reasonable general concern" standard was not the right choice. The debate was adjourned, indicating that the bill had not yet been passed by the Senate at this stage.

The Senate met on May 10, 2022. The sitting included statements by senators on various topics, including the Ontario Police Memorial Ceremony, visitors in the gallery, Queen's University, the Green Legacy Programme, Mental Health Week, and National Nursing Week. Routine proceedings involved tabling reports and notices of motions. Question Period addressed issues such as medical assistance in dying, infrastructure projects, firearms regulation, Canada-Africa relations, the Impact Assessment Act, the Afghanistan crisis, refugee processing backlogs, COVID-19 vaccine mandates, and the Port of Montreal. The Orders of the Day included debate on several bills. Notably, debate continued on Bill S-7, an act to amend the Customs Act and the Preclearance Act, 2016, with Senator David M. Wells raising concerns about privacy and government timelines. Debate also continued on other bills, including Bill C-8 concerning economic and fiscal updates, Bill S-203 on a federal framework for autism, Bill S-227 establishing Food Day in Canada, Bill S-201 proposing to lower the voting age to 16, Bill S-219 establishing National Ribbon Skirt Day, Bill S-204 concerning goods from Xinjiang, Bill S-215 on the financial stability of post-secondary institutions, and Bill S-7 regarding customs and preclearance acts. Most of the sitting focused on debate and discussion of these bills, with some bills being referred to committee or passing third reading.

This artifact is a record of Senate proceedings on May 10, 2022. While the bill "An Act to amend the Customs Act and the Preclearance Act, 2016" (Bill S-7) is mentioned as being at second reading debate, this specific record does not contain the debate itself. Instead, it includes various other Senate proceedings such as Senators' Statements on topics like the Ontario Police Memorial Ceremony and National Nursing Week, the tabling of reports, Question Period addressing issues like medical assistance in dying and firearms regulation, and ongoing debates on other bills. The section related to Bill S-7 only notes that the "Debate Continued" and does not provide the content of that debate.

This artifact is a record of a sitting of the Senate on May 11, 2022. The sitting included various Senate proceedings, such as senators making statements on different topics, routine proceedings, and question period where senators asked questions of the Minister of Official Languages. The main procedural event related to Bill S-7, An Act to amend the Customs Act and the Preclearance Act, 2016, was its second reading debate and subsequent referral to committee. The debate focused on the proposed changes to customs officers' ability to search personal digital devices, considering recent court rulings on privacy rights. The rest of the sitting involved discussions on other matters unrelated to Bill S-7.

On June 15, 2022, the Senate sat. During this sitting, the Senate considered committee reports on several bills. Specifically, the Senate received committee reports on Bill S-7 (An Act to amend the Customs Act and the Preclearance Act, 2016) with amendments from the Standing Senate Committee on National Security and Defence. The Senate also adopted reports and made amendments on other bills, including Bill S-4, Bill S-8, and Bill S-6. Senators also raised questions and made statements on various topics, including economic development, international relations, public safety, and health. The Senate later adjourned.

This artifact is a record of a Senate sitting on June 16, 2022. The sitting included statements on National Indigenous History Month, Deafblind Awareness Month, and World Refugee Day. Routine proceedings saw the presentation of the fifth report of the Standing Senate Committee on Aboriginal Peoples regarding Bill S-10, and the adoption of the third report of the Standing Senate Committee on National Security and Defence concerning Bill S-7, An Act to amend the Customs Act and the Preclearance Act, 2016. The sitting also included debates and first readings of various other bills, and Question Period where senators asked questions of the Government Representative in the Senate on topics including cross-border transportation of firearms, gender-based violence, linguistic minority rights, support for LGBTQ2+ people, the impact of Bill C-11, travel restrictions, passport services, emissions reduction targets, and refugee resettlement. There were also delayed answers to oral questions and a Speaker's ruling on a potential breach of confidentiality. The sitting concluded with a motion to adjourn until June 20, 2022.

This artifact is a record of the Senate proceedings on June 20, 2022. While the Senate was in session, the primary focus of this record is the Senate's third reading debate and passage of Bill S-7, an Act to amend the Customs Act and the Preclearance Act, 2016. The debate at third reading involved significant discussion about the appropriate legal threshold for border officers searching personal digital devices. Ultimately, the Senate passed the bill with an amendment changing the threshold from 'reasonable general concern' to 'reasonable grounds to suspect'. The record also includes other Senate business such as statements, presentation of committee reports, question period, and second reading debates on other bills. Bill S-7 is now on its way to the House of Commons.