Ottawa’s strong borders bill could infringe on Charter and privacy rights, parliamentary study warns

Reinforces court challenges:

….The library received requests from MPs for an analysis of Bill C-2 and has made available a preliminary version of its research to help them and others understand the bill. 

Its findings follow similar warnings from lawyers and civil-liberties experts. They have predicted that, if passed, the bill could face legal challenges. Refugee advocates and migrant groups have criticized Bill C-2’s proposed changes to immigration and asylum law. 

The Library of Parliament’s in-depth look at the bill raises particular concerns about so-called lawful access provisions to give police, Canada’s spy agency and other public officers warrantless powers to demand information.

The bill would allow law-enforcement officers without warrants to demand information on whether people have used various services, such as internet providers, medical services, hotels, mailboxes or banks….

An assessment earlier this year by the federal Justice Department found that various provisions in Bill C-2 clash with the Charter of Rights and Freedoms, including clauses protecting Canadians against unreasonable searches and seizures. 

The Library of Parliament found that, as well as potentially clashing with the Charter, the bill may be framed to “circumvent” decisions by the Supreme Court of Canada that confirm the right to privacy online. 

It warns that the bill’s “expanded surveillance and data-sharing powers from law enforcement and other government agencies could potentially lead to discriminatory profiling or targeting, particularly in the context of immigration enforcement.” 

“Enhanced authority for law enforcement to access internet subscriber data without a warrant, as well as data-sharing between Canadian and foreign authorities allowed under Bill C-2, could disproportionately affect racialized and immigrant communities,” it says. 

It also raises concerns about measures to help the police and intelligence services get access to data. The CCLA warns the measures could force online services to redesign how they operate. …

Source: Ottawa’s strong borders bill could infringe on Charter and privacy rights, parliamentary study warns