Last month, the government seemingly reversed course on its lawful access plans to grant law enforcement powers to demand warrantless access to personal information from any provider of a service in Canada. Buried in Bill C-2, a border measures bill, the lawful access provisions were the most expansive in Canadian history covering everyone from telecom providers to physicians to hotels. The bill sparked widespread opposition amid concerns that it was inconsistent with multiple Supreme Court of Canada decisions and the Charter of Rights and Freedoms. Yet it now appears that the reversal was short lived. Yesterday, Public Safety Minister Gary Anandasangree, Transport Minister Steve McKinnon, Secretary of State for Combatting Crime MP Ruby Sahota and a group of Liberal MPs held a press conference to urge swift passage of lawful access.

The press conference was filled with misinformation as the Liberals sought to blame the Conservatives for the failure to expedite lawful access despite the fact that they are responsible for the decision to move ahead instead with Bill C-12 (a new border bill that excludes the lawful access measures). Further, Sahota repeatedly referenced false information regarding the lawful access approach, claiming that it always involves judicial oversight (it does not), only involves basic subscriber information (it does not), and that the current rules date back decades and do not allow police to gain access to necessary information (telecom providers grant access under warrant to hundreds of thousands of accounts every year).

The decision to reverse on lawful access may stem from a G7 meeting of security ministers scheduled for this weekend in Ottawa. Perhaps the government was hoping to signal that it continues to support lawful access and to send the message that the opposition is to blame. In this instance, that is patently false. The problem lies with privacy invasive lawful access provisions that represent an unprecedented threat to the privacy of Canadians. Concerns have been raised by privacy commissioners, civil society groups, companies, and privacy experts, who point to the inconsistency with Supreme Court jurisprudence and the exceptionally expansive approach to warrantless information demands.

The government needs to go back to the drawing board on lawful access. Security and privacy are both essential, but they only arise through inclusive, evidence-based policy development that has been missing to date. First, start with actual data on where there are problems with the current system. If there is such evidence, work to develop solutions that provide judicial oversight and ensure that privacy is appropriately respected. That is a far better approach than engaging in theatrical press conferences filled with misinformation that only serve to undermine confidence in the government’s commitment to the privacy and security of Canadians.

Related posts:

Government Reverses on Bill C-2: Removes Lawful Access Warrantless Demand Powers in New Border Bill Privacy At Risk: Government Buries Lawful Access Provisions in New Border Bill More Than Just Phone Book Data: Why the Government is Dangerously Misleading on its Warrantless Demands for Internet Subscriber Information Why Bill C-2 Faces a Likely Constitutional Challenge By Placing Solicitor-Client Privilege at Risk