What is the current state of the law in relation to the invasion of privacy in e-mail?

In my view, the current law sufficiently regulates the actions of the state and its agents in relation to the invasion of the citizen's right to privacy in e-mail. I refer in part to the test for when an informant becomes an agent of the state as set out in R v. Broyles (1991), 1991 CanLII 15 (SCC), 68 C.C.C. (3d) 308 (S.C.C.) at p. 319: . . . would the exchange between the accused and the informer have taken place, in the form and manner in which it did take place, but for the intervention of the state or its agents? I also refer to the peculiarities of e-mail, how they touch upon the expectation of privacy, and the Criminal Code sections dealing with unlawful interceptions. I address these two points later in these reasons. (ii) Actions of the police prior to the warrant