Metadata retention has emerged as one of the biggest lawful access concerns, with requirements that providers retain metadata for all subscribers for up to one year. As I argued before the Standing Committee on Public Safety and National Security last week, when retained at scale, the retention becomes a comprehensive surveillance map of virtually every Canadian with information on where and when they go and who they interact with. Under Bill C-22, this data would apply to every subscriber regardless of suspicion. The government’s Charter Statement remarkably fails to address the regime, despite the fact that bulk retention frameworks of this kind have been struck down by the European Court of Justice in Digital Rights Ireland and Tele2 Sverige, and by Germany’s Federal Constitutional Court.
Recent Posts
Back-of-the-Napkin Cultural Policy: The Government’s $600 Million Streaming Plan Copies the CRTC Decision It Killed at More Than Double the Cost 
The Law Bytes Podcast, Episode 282: Udbhav Tiwari on Why Signal May Exit Canada Over Bill C-22’s Encryption and Metadata Retention Rules 
From Making Web Giants Pay to Paying Media Giants: Budget 2026 Replaces the Government’s Internet Platform Strategy With $1.5 Billion in Taxpayer Dollars for Culture and News 
Has the Government Read Its Own Bill? What Three Days of House Debate Revealed About Bill C-34 Before the Committee Hearings Begin 
Surveillance By Design: Government Officials Say Lawful Access Could Reach Gaming Platforms, Daycares and AI Services
