The government yesterday introduced the Strong Border Act (Bill C-2), legislation that was promoted as establishing new border measure provisions presumably designed to address U.S. concerns regarding the border. Yet buried toward the end of the bill are lawful access provisions that have nothing to do with the border. Those provisions, which raise the prospect of warrantless access to information about Internet subscribers, establish new global production orders of subscriber information, and envision new levels of access to data held by electronic service providers, mark the latest attempt in a longstanding campaign by Canadian law enforcement for lawful access legislation. Stymied by the Supreme Court of Canada (which has ruled that there is a reasonable expectation of privacy in subscriber data) and by repeated failures to present a compelling evidentiary case for warrantless access, law enforcement has instead tried to frame lawful access as essential to address everything from organized crime to cyber-bullying to (now) border safety. Much like the government’s overreach last year on online harms, Bill C-2 overreaches by including measures on Internet subscriber data that have nothing to do with border safety or security but raise privacy and civil liberties concerns that are bound to spark opposition. This post provides the background on lawful access and an overview of some Bill C-2’s provisions with more details on key elements to come.
Archive for June 4th, 2025

Law Bytes
Episode 272: Build Canada’s Lucy Hargreaves on Canada’s AI Strategy and the Need to Shift From Being Users to Builders
byMichael Geist

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Recent Posts
Midnight Madness: The Government Rushes Lawful Access Bill Through the House Without Debate or a Recorded Vote
One Step Forward, Two Steps Back: Bill C-36 Modernizes Canada’s Privacy Law, Then Delays It to 2030
Gary Anandasangaree’s Vic Toews Moment Shows the Government Has Lost Its Way on Lawful Access
Government Moves to Shut Down Lawful Access Hearing In Order To Fast Track Passing the Bill This Week
Canada’s Digital Super-Regulator: Bill C-36 Pushes Out the Privacy Commissioner and Hands Private Sector Privacy to an Overloaded Commission

