The return of lawful access in Bill C-22 has unsurprisingly focused on the government’s significant shift on warrantless access to subscriber information, which was the headline concern with Bill C-2, the previous lawful access proposal. As noted in my initial summary of the bill, Bill C-22 establishes court oversight for subscriber information with the warrantless access piece limited to requiring telecom companies to confirm whether they provide service to a given individual. That is a positive step, but there is a tradeoff, namely that the evidentiary standard needed to obtain an order for access to subscriber information is actually being lowered.
Recent Posts
The Law Bytes Podcast, Episode 276: Information Commissioner Caroline Maynard on Canada’s Access to Information Failures and Why Access Delayed is Access Denied 
Why the Government’s Plan for a Social Media Ban in Bill C-34 Is Unconstitutional 
Outdated Data and Dubious Comparisons: Digging into the Government’s AI Strategy Adoption Claims 
Why Being Locked Out of Frontier AI is The Sovereignty Threat Canada Missed 
Blocked Twice: How Bill C-34’s Kids’ Social Media Ban Would Compound the Online News Act’s Harm to Young Canadians’ News Access
