The government’s plan for warrantless disclosure of Internet subscriber information is rightly attracting increasing attention as sneaking lawful access provisions into a border bill raises significant privacy concerns. As I pointed out last week, Bill C-2’s new “information demand” power – which can be used by a wide range of enforcement agencies over literally any potential offence of any Act of Parliament – is certain to spark a legal challenge given the Supreme Court of Canada’s previous decisions in Spencer and Bykovets. While the government has tried to paint the information at stake as “phone book” information with little privacy value, the reality is far different. The information demand includes whether the provider provides or has provided services to a particular subscriber or client, or to any account or identifier, whether there is transmission data on hand (who was the person communicating with and what apps were they using) as well as where and when the service was provided. The information demand can also cover when service began, when it ended, and what other communications services are used by the subscriber. The specific content would require a warrant, but all of this data, which can be very revealing, would be available without judicial oversight. Further, providers would be prohibited from disclosing the disclosure for a year and would receive legal immunity if they voluntarily provide the information without even requiring an information demand request.
Archive for June 10th, 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

May 25, 2026
Michael Geist
May 11, 2026
Michael Geist
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Michael Geist on Substack
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

