Archive for October 8th, 2025

lets start over by andrew j. cosgriff CC BY-NC-SA 2.0 https://flic.kr/p/6jStC

Government Reverses on Bill C-2: Removes Lawful Access Warrantless Demand Powers in New Border Bill

The government today reversed course on its ill-advised anti-privacy measures in Bill C-2, introducing a new border bill with the lawful access provisions (Parts 14 and 15) removed. The move is welcome given the widespread opposition to provisions that would have created the power to demand warrantless access to information from any provider of a service in Canada and increased the surveillance on Canadian networks. The sheer breadth of this proposed system was truly unprecedented and appeared entirely inconsistent with Supreme Court of Canada jurisprudence and the Charter of Rights and Freedoms. That was the immediate reaction when the bill was tabled in June (my posts here, here, here, here, here, here, and here. Law Bytes podcasts on the topic here, here, and here) and there was never a credible response forthcoming from government officials. Indeed, if anything, meetings with department officials made plain that this was an embarrassingly rushed, poorly drafted piece of legislation that required a reset.

Why The Recent TikTok Privacy Ruling Swaps Privacy for Increased Surveillance

Last month, federal privacy commissioner Philippe Dufresne, alongside his provincial privacy counterparts from Quebec, Alberta, and British Columbia, released the results of a multi-year investigation into TikTok’s privacy practices. As my Hub opinion piece notes, the outcome was never really in doubt—look under the hood of any social media company and you will find some privacy concerns—but what was both surprising and risky was the commissioner’s demand that TikTok engage in increased surveillance of its users in the name of better privacy practices.