Much of the discussion around the new lawful access bill (Bill C-22) has focused on provisions that improved upon Bill C-2, notably the decision to scrap the warrantless information demand power by requiring judicial oversight for access to subscriber information. Yet despite that improvement, there remain serious privacy concerns with the government’s latest iteration of lawful access. Buried in the second half of Bill C-22 is a provision granting the government the power to require “core providers” to retain categories of metadata, including transmission data, for up to one year. This is mandatory metadata retention that would require telecom and electronic service providers to store information about the communications of all their users, regardless of whether those users are suspected of anything. It is one of the most privacy invasive tools a government can deploy and the international experience suggests that there are major privacy risks.
Come back with a warrant by Rosalyn Davis (CC BY-NC-SA 2.0) https://flic.kr/p/aoPzWb
Lawful Access
A Tale of Two Bills: Lawful Access Returns With Changes to Warrantless Access But Dangerous Backdoor Surveillance Risks Remain
The decades-long battle over lawful access entered a new phase yesterday with the introduction of Bill C-22, the Lawful Access Act. This bill follows the attempt last spring to bury lawful access provisions in Bill C-2, a border measures bill that was the new government’s first piece of substantive legislation. The lawful access elements of the bill faced an immediate backlash given the inclusion of unprecedented rules permitting widespread warrantless access to personal information. Those rules were on very shaky constitutional ground and the government ultimately decided to hit the reset button on lawful access by proceeding with the border measures in a different bill.
Lawful access never dies, however. Bill C-22 cover the two main aspects of lawful access: law enforcement access to personal information held by communication service providers such as ISPs and wireless providers and the development of surveillance and monitoring capabilities within Canadian networks. In fact, the bill is separated into two with the first half dealing with “timely access to data and information” and the second establishing the Supporting Authorized Access to Information Act (SAAIA).
The Year in Review: Top Ten Posts
This week’s Law Bytes podcast featured a look at the year in review in digital law and policy. Before wrapping up for the year, the next three posts over the holidays will highlight my most popular posts, podcast episodes, and Substacks of the past year. Today’s post starts with the top posts, in which two issues dominated: lawful access and antisemitism. While most of the top ten involves those two issues, the top post of the year featured an analysis of the government’s approach to the digital services tax, which ultimately resulted in an embarrassing climbdown by the government.
The Law Bytes Podcast, Episode 254: Looking Back at the Year in Canadian Digital Law and Policy
Canadian digital law and policy in 2025 was marked by the unpredictable with changes in leadership in Canada and the U.S. driving a shift in policy approach. Over the past year, that included a reversal on the digital services tax, the re-introduction of lawful access legislation, and the end of several government digital policy bills including online harms, privacy, and AI regulation. For this final Law Bytes podcast of 2025, I go solo without a guest to talk about the most significant developments in Canadian digital policy from the past year.
Reversing the Reversal?: Government Puts Privacy Invasive Lawful Access Back on the Agenda
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.
Recent Posts
AI for All, Details to Follow: Government Releases a Big-Spending AI Strategy That Is Still Short on the Specifics That Matter 
New Privacy Rights in the Morning, Mandatory Metadata Retention in the Afternoon: How Bill C-22 Undercuts the AI Strategy Before It Launches 
From Making Web Giants Pay to Making Taxpayers Pay: Government Announces Plan to Kill the CRTC’s Online Streaming Ruling 
Digital Self-Sabotage: Why Canada’s AI Strategy Is Set to Fail Before it Even Launches 
Why Mark Carney’s Antisemitism Speech Did Not Meet the Moment
