Alarming privacy threats are buried in the Liberal border bill

Michael Geist holds the Canada Research Chair in internet and e-commerce law at the University of Ottawa's faculty of law.
A border security bill tabled by the Liberal government this week will have wide reach far beyond the 49th parallel. Buried in the massive bill are provisions to allow law enforcement to access information about internet subscribers without a warrant. While there may be a case for new police powers in the digital era, these should be presented in their own bill and be debated on their own merits.
The pressure from Canadian law enforcement for access to internet subscriber data dates back to 1999, when government officials began crafting proposals that included legal powers to access surveillance and subscriber information. What followed were a series of lawful access bills that sparked opposition, both from the public and in the courts.
For example, in 2012, then-public safety minister Vic Toews infamously said to Francis Scarpaleggia, now the Speaker of the House but then a critic of an internet surveillance bill, that he could 'stand with us or with the child pornographers.' The comment did not help his case, and the overwhelming negative publicity pressured the government to quickly backtrack by placing the lawful access bill on hold.
Border security bill would give law enforcement access to internet subscriber information without a warrant
Liberal government's Throne Speech passes as Carney survives first major test of confidence
The lawful access campaign was effectively derailed for a decade by the Supreme Court of Canada in 2014, when it ruled that there was a reasonable expectation of privacy in internet subscriber information. It doubled down on that ruling last year, expanding the privacy safeguards by adding that IP addresses were similarly protected.
The Strong Borders Act seeks to circumvent these decisions by creating a new 'information demand' power for law enforcement that does not require court oversight. The new power targets information about a subscriber, such as whether they use a particular internet service and if the provider has data about their usage. The provider may also be required to disclose where and when the service was used, as well as information about any other services the subscriber used to communicate.
This is akin to law enforcement approaching a bank to demand if a particular person is a client and whether there is information about their account transactions, and which branches were used, but stopping short of asking for the actual account information. There are obvious privacy implications here that are certain to result in a legal challenge, should the bill pass in its current form.
In most cases, obtaining further subscriber information will still require a warrant. The government is turning these into global production orders as it seeks to loop in foreign providers as well. This means that potential warrant targets extend well beyond Canadian internet and telecom providers to also include international platforms.
Ottawa to overhaul financial-crime laws in new border security bill
The standards for obtaining these production orders should give pause. This bill makes it easier to pass the threshold when compared with previous proposals, since law enforcement only needs to suspect that an offence has been or will be committed. Moreover, these orders can be applied to any Act of Parliament, granting law enforcement exceptional powers to pursue internet subscriber information for everything from Criminal Code violations to camping in national parks without the necessary permit.
The bill introduces a new term – 'electronic service provider' – that is presumably designed to extend beyond telecom and internet providers by scoping in internet platforms such as Google and Meta. Those international services are now key players in electronic communications (think Gmail or WhatsApp), though some may be beyond this form of regulation, such as Signal.
All electronic service providers are subject to obligations to 'provide all reasonable assistance, in any prescribed time and manner, to permit the assessment or testing of any device, equipment or other thing that may enable an authorized person to access information.' Moreover, all are required to keep such requests secret.
Electronic service providers that the government views as 'core providers' are subject to additional regulations that effectively grant law enforcement direct access to their systems for the purposes of communications retrieval and interception. This is a revival of old proposals in which law enforcement sought access to the systems of Canada's major telecom and internet providers.
These provisions will sound technical to most Canadians, and are seemingly designed to escape notice at the end of a 140-page bill purportedly about a safer border. But Bill C-2 is far from just a border bill. The government and law enforcement are running back a decades-old warrantless access playbook that should be roundly rejected as it trades a border crisis for a privacy one.

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

National Post

34 minutes ago

• National Post

Opinion: Canada has put up with Khalistani terrorists for long enough

By Ujjal Dosanjh and Joe Adam George Monday, June 23, marks the 40th anniversary of the bombing of Air India Flight 182 — the deadliest terrorist attack in Canadian history, and the most lethal act of aviation terrorism in the world prior to 9/11. The bombing left 329 people dead, including 268 Canadians. The investigation into the attack is still ' active and ongoing,' and is considered 'one of the most complex domestic terrorism investigations' undertaken by the RCMP. Article content Despite two separate inquiries finding that Khalistani terrorists in Canada had masterminded the attack, the perpetrators managed to walk away largely unscathed, much to the despair of the victims' families and the frustration of India. To this day, they are venerated as heroes by their fellow extremist ideologues. Article content Article content The Khalistanis form part of a Sikh extremist separatist movement that aims to establish an independent state of Khalistan carved out of India. Although it continues to rally a small but outspoken minority of Sikhs, the movement holds virtually no appeal among Sikhs in India or the majority of Canada's Sikh community. Article content The U.K. government-commissioned Bloom Review, which was released in 2023, revealed that Khalistani activists had exploited government ignorance, threatened and intimidated Sikhs, indoctrinated and recruited young people and solicited funds from Sikh temples to advance their agenda. Article content The review warned the British government that, 'The subversive, aggressive and sectarian actions of some pro-Khalistan activists and the subsequent negative effect on wider Sikh communities should not be tolerated.' Article content Yet Canada's political class choose to disregard those warnings. Politicians of all stripes continue to commit the cardinal sin of ignoring India's concerns and legitimizing Khalistanis by conflating them with the broader Sikh community. They repeatedly indulge them, hoping to boost their electoral fortunes, given the substantial sway the Sikh vote holds in many ridings throughout the country. Article content Article content For decades, Canadian Khalistanis have been an enduring national security and diplomatic liability to New Delhi, which accuses them of engaging in organized crime and acts of terrorism, both in India and abroad, under the guise of a religious political movement. Article content During a public hearing of the foreign interference inquiry last year, CSIS members testified that Khalistani elements in Canada — with covert backing from Pakistan's spy agency, Inter-Services Intelligence (ISI) — were attempting to undermine Indian interests in the country, confirming a longstanding allegation by New Delhi.

CBC

an hour ago

• CBC

Big grocery wants Ontario to lift ban on 'private label' wine, beer

Social Sharing Premier Doug Ford's next move to reform alcohol retail in Ontario could be allowing supermarket chains to sell their own private-label wine and beer, such as Costco's Kirkland Signature brand. The government recently began consulting with the industry about making further changes to Ontario's rules on booze sales. As part of the consultations, big grocery is lobbying for Ontario to end its ban on supermarkets selling their own-brand alcohol products, CBC News has learned. Current provincial regulations prohibit grocery stores from selling any brands of beer or wine in which they have "a direct or indirect financial interest." Small wineries in the province fear the consequences of lifting that ban. "Allowing private label wine in grocery, big box and convenience stores would be a severe blow to Ontario's wine industry," said Michelle Wasylyshen, president and CEO of Ontario Craft Wineries, which represents more than 100 wine producers. WATCH | How the LCBO makes money for the Ontario government: Here's how the LCBO brings in $2.5 billion for Ontario annually 11 months ago Duration 3:40 The LCBO earns nearly 80 per cent of its revenue from its retail outlets, all currently closed by strike, the corporation's latest annual report shows. CBC's Mike Crawley breaks down how the LCBO currently turns a profit and how things are expected to change with the Ford government's reforms — including the premier's plan to sell select alcohol in Ontario convenience and grocery stores. Wasylyshen says while craft wineries deeply value their working relationship with the grocery stores, Ontario's private-label ban needs to stay in place so that locally-produced wines are not pushed out by the big supermarket chains. "This is a black and white issue for us, backed by data and previous experience. There is no grey zone," she said in an email to CBC News. B.C. also bans private-label sales Canada's other major wine-producing province, British Columbia – where it's a $3.75 billion-a-year industry – also bans supermarkets from selling their own brands. The Retail Council of Canada, which represents all the large supermarket and big-box chains including Costco, Loblaws, Walmart and Sobeys, says its members in Ontario are interested in selling their own brands of alcohol. "Private label increases competition, lowering prices for customers, because brewers and vineyards need to indirectly compete with the lower retail prices of private label brands," said Sebastian Prins, the Retail Council's director of government relations for Ontario, in an email to CBC News. Prins says the province's wine industry would remain protected by provincial regulations requiring supermarkets to allocate certain portions of shelf-space to Ontario-made products. He also says private-label sales could benefit grape growers in Ontario because the retailers would be looking for new sources for their wine. But with cross-border trade tensions remaining high, and the LCBO currently not stocking U.S. products, a spokesperson for Ford says private-label sales are not currently planned as part of the government's modernization of alcohol retailing. 'Supporting Ontario growers' is Ford's priority "Our priority right now is supporting Ontario growers and supporting Ontario-made products," said Ford's director of media relations, Grace Lee. The push on private-label sales comes less than a year after Ford sped up the timeline for allowing convenience stores to sell beer, wine and ready-to-drink cocktails. That move is costing taxpayers at least $612 million, including $225 million of compensation paid to the mega-breweries that own The Beer Store for the expanded retail competition. In April, Ford announced a shift in pricing rules so that convenience stores now get their products supplied at a 15 per cent discount from the LCBO's retail price, giving them a potentially higher margin on wine and beer than grocery stores, whose discount remains at 10 per cent. The Retail Council and the Canadian Federation of Independent Grocers wrote a joint letter to Ford last month asking for a number of changes to the province's booze marketplace, including the ability to sell private-label alcohol. The chain and independent supermarkets also raised concerns about the mandate that all grocery stores selling beer and wine must start accepting returns of empty cans and bottles in 2026, a requirement not imposed on convenience stores.

CTV News

2 hours ago

• CTV News

‘We love you, come on down,': Business owner's message to Canadians boycotting U.S. travel

FILE - American and Canadian flags fly near the Palace Playland amusement park, Wednesday, April 2, 2025, in Old Orchard Beach, Maine, a summer seaside resort town popular with French-Canadian tourists. (AP Photo/Robert F. Bukaty, File( As the summer tourism season heats up and some Canadians choose to boycott U.S. travel, New England states and business owners want to draw Canadian tourists back. Maine's rugged coastline and sandy beaches have helped to earn it the license plate slogan 'Vacationland.' But this year, fewer Canadians are showing up. David Rowland, co-owner of York Beach Beer Company, has noticed fewer Canadian license plates and fewer Canadian surfers in York Beach. 'Down here at Long Sands Beach, it's usually lined with Quebecois or New Brunswick (tourists), and they're not here. Some are. But not like normal,' he said. 'We still have great beer and we're still nice people. And we have great waves and great mountains,' Rowland said. 'I would say, don't be afraid of us. We're not afraid of you. We're sorry.' From February to May, land crossings into Maine were down 27 per cent compared to last year. Other northeast states feel the drop of Canadian travellers too. At a summit in between northeast U.S. governors and Eastern Canadian premiers in Boston earlier this week, Massachusetts Governor Maura Healey told reporters her state expects to see a 20 per cent decline in bookings. 'Vermont reports that hotel reservations by Canadians are down 45 per cent. Credit card spending by Canadians down 36 per cent. In New York City, bookings by Canadians are down 45 per cent,' said Governor Healey. Democratic governors blame U.S. President Donald Trump's rhetoric, after he repeatedly said he wanted to make Canada the 51st state. Trump also imposed tariffs on Canadian goods, including steel and aluminum. Maine's Governor Janet Mills said she's spoken with a bed and breakfast owner whose business has welcomed Canadians for generations but is now dealing with cancellations. 'It's not the tariffs that are affecting them so much as the hurt pride and Canadian citizenry,' said Mills. Maine has set up signs to welcome Canadians at border crossings and tourism visitor centres throughout the state. Its governor will travel to New Brunswick and Nova Scotia next week to meet with premiers, but also to promote her state as a destination. A Leger poll from May found that while Canadians' summer travel intentions are 'strong,' interest U.S.-bound travel this summer is 'collapsing' as only 10 per cent plan to travel to the U.S. this summer, down from 23 per cent last year. The poll also said 75 per cent of those polled who were planning a trip to the U.S. say tariffs announcement influenced their plans. More than half who had planned to visit the U.S. now plan to travel elsewhere. Other factors such as safety concerns, poor exchange rates, not feeling welcome and concerns about border delays also influenced their decisions. How the drop in Canadian tourism is impacting businesses varies depending on who you ask. At The Nevada Hotel in York Beach, Maine, its manager Valerie Fedorchak said they welcome guests from all over the world. Their Canadian guests are still coming. 'I'm really grateful to be able to say that we haven't noticed a substantial impact,' said Fedorchak. Typically, in Old Orchard Beach, Maine, Canadians account for up to 40 per cent of tourists each year. When announcing how Canada would respond to Trump's tariffs In March, former prime minister Justin Trudeau singled out Old Orchard Beach and Florida as places Canadians would choose to avoid. Family-run businesses like the Sandpiper Beachfront Motel welcome regulars from Canada every year, especially from Quebec. For some families, it's a 40-year tradition. 'For us personally we've only had a maybe a handful of people cancel if that,' said manager Michael Rioux, noting their longtime repeat clientele are still coming except one family that gave up seven rooms at the end of July. Rioux said the guest didn't want to cancel but her family did. 'Given the political situation, they wanted to boycott the U.S.,' he said. Rioux said his brother's business has also been dealing with more Canadian cancellations. He thinks the exchange rate, coupled with political turmoil will impact tourism in Old Orchard Beach. 'It's sad, because Canadians lose out on one of their places to go and then the mom and pop places like us lose as well,' Rioux said. Suzanne Ellis, the owner of Johnny Shucks Maine Lobster said the season started off slow, but she's noticed more Canadians showing up recently, especially this week. Ellis said she's very happy to have them here. The operator had been worried because a lot of her friends in Canada said they wouldn't be coming. Ellis estimates about 60 per cent of her customers are Canadians. 'We want to see you, we love you, come on down,' she said. Rioux message for Canadians is to do what you've been doing every year and enjoy your summer vacation. 'I think a lot of the political stuff is keeps us divided. I think we should stay together and help each other out and not fuel into a lot of the political theater and division that they perpetrate in the media,' said Rioux.