Federal officials defend Bill C-2, which allows warrantless data access by CSIS and police, citing urgent public safety concerns amid privacy backlash.
Federal Officials Clarify Purpose of Bill C-2
Federal government officials defended the Liberal government’s proposed Strong Borders Act (Bill C-2) on Thursday, which would allow police and intelligence agencies to collect data from service providers — including hospitals, banks, and hotels — without a warrant in certain cases.
The briefing, held with reporters under anonymity, aimed to explain the rationale behind the bill, which has drawn intense criticism from civil liberties advocates and opposition MPs since its introduction earlier this month.
Data Access Without a Warrant
If passed, Bill C-2 would grant the Canadian Security Intelligence Service (CSIS) and law enforcement agencies the power to request basic subscriber information without judicial authorization. In urgent or time-sensitive scenarios, officials would be able to seize data without prior court approval, provided there is a risk to public safety or evidence loss.
Officials say such powers are necessary to adapt to modern threats, including terrorism, organized crime, and drug trafficking — particularly involving fentanyl. They presented a hypothetical scenario in which CSIS might need to rapidly confirm a telecom provider before seeking detailed information under a separate judicial production order.
Broad Scope of Service Providers
The definition of “service provider” under the bill is expansive. It includes telecoms, hotels, financial institutions, rental companies, and even healthcare professionals such as hospitals, doctors, and psychiatrists.
Government representatives stated that organizations would be permitted to seek judicial review if uncomfortable with a request. However, non-compliance could carry financial penalties or jail time.
Civil Liberties Groups Raise Concerns
Tim McSorley, national coordinator of the International Civil Liberties Monitoring Group, warned the bill creates “massive expansion of domestic surveillance” with a low threshold of ‘reasonable suspicion’ for data access.
“Without a warrant, police and spy agencies could demand information about our online activities,” McSorley said, calling the proposal “ripe for abuse.”
Legal experts and privacy advocates argue that the bill could violate Section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable search and seizure.
Government Defends Charter Compliance
The Justice Department tabled a Charter statement asserting that the bill’s access provisions are constitutionally sound. The document argues that Canadian common law already permits warrantless searches in exigent circumstances, particularly when immediate action is necessary.
Supporters of the bill include Canada’s police chiefs and child protection advocates, who argue that timely access to basic information can be crucial in early investigations.
Political and International Context
The Liberal government has justified Bill C-2 as a necessary tool to secure borders, counter transnational crime, and limit the flow of opioids. Pressure from U.S. President Donald Trump on Canada to tighten border security and stem the southbound flow of fentanyl has been a key motivator behind the legislation.
Richard Fadden, former CSIS director, said the proposed access mirrors what a phone book once offered police — although critics argue the comparison underestimates the breadth and sensitivity of modern data.
As Parliament debates the bill, the clash between national security priorities and individual privacy rights is expected to intensify in the coming weeks.
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