Bill C-22 would significantly expand government surveillance powers by requiring service providers to store personal data and assist law enforcement, even when there is only suspicion, not evidence, of wrongdoing.
OTTAWA: After advancing Bill C-9 (Combatting Hate Act) to the Senate, the government continues its drive to regulate and surveil Canadians online. Its latest Bill C-22, An Act Respecting Lawful Access, contains provisions that intrude on the privacy of Canadians.
The bill would require core service providers to store basic subscriber information for up to one year, regardless of whether those users are suspected of any wrongdoing. It builds a legal structure requiring internet service providers to assist law enforcement in monitoring users and facilitating access to user information. Other "electronic service providers" (which includes almost any business that provides electronic or digital services to Canadians) must reasonably assist police in assessing or testing any device, equipment or other thing that may enable authorities to access user information.
The bill also makes it easier for police to access user information: it allows police to obtain a court order to access user information when they merely reasonably suspect—rather than reasonably believe - that a crime may have been or will be committed. Information that police can obtain this way includes: user identification (name, address, email and telephone number, pseudonym), user account number, types of service provided, and device identification. The police may ask the court to prohibit disclosure of its request to access user information, essentially surveilling the user secretly.
TDF litigation director, Mark Joseph said, "Bill C-22 and Bill C-9 are both framed as laws to keep Canadians "safe." However, the government already has laws in place to prevent and punish online malfeasance. Police can obtain production orders under the Criminal Code when they reasonably believe a crime has been committed or may be committed. With Bill C-22 and other bills, the government proposes to erode privacy and civil rights so it can surveil and monitor Canadians more effectively, regardless of whether authorities reasonably believe lawbreaking has occurred or may occur. Compelling service providers to warehouse user information for a year so that state authorities can use it upon mere suspicion of wrongdoing will inevitably lead to governmental overreach and abuse."
Government officials have recently commented that, with its new majority, the government will move forward with further legislation to censor and surveil Canadians. TDF is committed to opposing state censorship and fighting for the civil liberties of Canadians.
About The Democracy Fund:
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education, and relieving poverty. TDF promotes constitutional rights through litigation and public education and supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.