The lawful access debate continued for a third day on Friday with Bloc MP Claude DeBellefeuille asking Patricia Lattanzio, the Parliamentary Secretary to the Minister of Justice, a critical question: why has the government chosen “the lowest possible threshold for obtaining information, that of reasonable grounds to suspect, rather than the more stringent threshold of reasonable grounds to believe.” She added that she did not understand the choice and would like a clear answer (I focused on this issue in a previous post). In keeping with the government’s discouraging defence of lawful access thus far (my posts on day one and day two of debate) Lattanzio’s response went for deception rather than clarity. After noting that reasonable grounds to suspect already appears in parts of the Criminal Code, she offered the government’s substantive defence of the lower threshold in a single sentence: “We also think that ‘reasonable grounds to suspect’ is higher than the threshold of mere suspicion.” The problem is that mere suspicion isn’t a threshold for search at all, but rather the standard the courts point to when a search is unconstitutional.
Archive for April 18th, 2026

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Episode 264: Jon Penney on Chilling Effects in the Digital Age
byMichael Geist

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Recent Posts
A Standard That Doesn’t Exist: Parliamentary Secretary for Justice Offers Misleading Defence of Bill C-22’s Lower Threshold for Subscriber Information
More Surveillance Demands to Come?: Government Admits Bill C-22’s Lawful Access Provisions Could Be Expanded
Win, Lose or Draw?: The Federal Court of Appeal Overrules a Key Copyright Case on Procedural Grounds
The Lawful Access Debate Begins: Canadians Should Pay Attention to What the Government Isn’t Saying
The Global Battle for Data Control: How the 2026 U.S. Report on Trade Barriers Targets Data Sovereignty Worldwide

