Proposed government surveillance powers threaten privacy rights.
TORONTO: The Democracy Fund (TDF) is raising significant concerns about intrusive surveillance provisions embedded in the federal government’s proposed Strong Border Act (Bill C-2), introduced on June 3, 2025. While presented as a measure to enhance border security, the bill includes “lawful access” powers that could undermine privacy rights and civil liberties.
There are three main areas of concern.
1) Warrantless access to internet usage information
Bill C-2 permits law enforcement agencies to demand and receive certain information from internet service providers about Canadians - such as whether a provider has supplied service to a surveillance target - without a warrant. The Bill requires only that law enforcement certify that they have a "reasonable suspicion" that an offence has been or will be committed under any Act of Parliament. This broad scope means that surveillance may be conducted on Canadian citizens for even non-criminal offences. The Supreme Court of Canada has previously ruled that attempts by the police to obtain subscriber information from internet service providers are unconstitutional.
2) Compelling disclosure by foreign electronic service providers
Even when a warrant is required, the Bill grants law enforcement the authority to compel foreign electronic service providers to disclose extensive user data, such as transmission or subscriber information, based solely on a “reasonable suspicion.” In exigent circumstances, this warrant requirement can be bypassed if obtaining a warrant is deemed "impracticable." This raises serious concerns about cross-border data privacy, potential overreach, and conflicts with foreign legal frameworks.
3) Obligations on electronic service providers
Finally, the Bill imposes obligations on a broad range of electronic service providers to allow officials access to their systems for "testing." Certain defined core providers will also be required to develop capabilities for extracting and organizing data. Additionally, providers would be prohibited from disclosing this access, keeping it secret and limiting transparency.
Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure: TDF lawyers warn that the Bill could undermine this fundamental right. If passed, the Bill will set a dangerous precedent for warrantless digital surveillance, impacting journalists, activists, dissenters, and ordinary citizens alike.
Bill C-2 permits law enforcement agencies to demand and receive certain information from internet service providers about Canadians - such as whether a provider has supplied service to a surveillance target - without a warrant. The Bill requires only that law enforcement certify that they have a "reasonable suspicion" that an offence has been or will be committed under any Act of Parliament. This broad scope means that surveillance may be conducted on Canadian citizens for even non-criminal offences. The Supreme Court of Canada has previously ruled that attempts by the police to obtain subscriber information from internet service providers are unconstitutional.
2) Compelling disclosure by foreign electronic service providers
Even when a warrant is required, the Bill grants law enforcement the authority to compel foreign electronic service providers to disclose extensive user data, such as transmission or subscriber information, based solely on a “reasonable suspicion.” In exigent circumstances, this warrant requirement can be bypassed if obtaining a warrant is deemed "impracticable." This raises serious concerns about cross-border data privacy, potential overreach, and conflicts with foreign legal frameworks.
3) Obligations on electronic service providers
Finally, the Bill imposes obligations on a broad range of electronic service providers to allow officials access to their systems for "testing." Certain defined core providers will also be required to develop capabilities for extracting and organizing data. Additionally, providers would be prohibited from disclosing this access, keeping it secret and limiting transparency.
Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure: TDF lawyers warn that the Bill could undermine this fundamental right. If passed, the Bill will set a dangerous precedent for warrantless digital surveillance, impacting journalists, activists, dissenters, and ordinary citizens alike.
Mark Joseph, TDF Litigation Director, stated, “We are deeply troubled by the government’s attempt to embed warrantless surveillance measures within a border security bill, measures previously rejected by Parliament and the Supreme Court. Public safety should not be used as a pretext to infringe constitutional rights. We urge Parliament to remove these provisions from Bill C-2 and conduct a thorough, transparent review to ensure compliance with Charter-protected privacy rights and civil liberties generally.”
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.