The government’s inclusion of warrantless information demand powers in Bill C-2 may make this the most dangerous lawful access proposal yet, exceeding even the 2010 bill led by Conservative Public Safety Minister Vic Toews. The initial concern regarding the bill’s warrantless disclosure demand unsurprisingly focused on whether the proposal was consistent with Supreme Court of Canada jurisprudence upholding the reasonable expectation of privacy in basic subscriber information (there is a strong argument it is not). The application of this new power was generally framed as a matter for telecom and Internet companies, given that companies such as Bell, Rogers, and Telus are typically the focal point for law enforcement seeking information on subscriber activity. However, it has become increasingly apparent that this is an overly restrictive reading of the provision. The Bill C-2 information demand power doesn’t just target telecom providers. It targets everyone who provides services with the prospect of near limitless targets for warrantless disclosure demands.
I keep expecting that at any moment the prime minister will become aware of what ended up in the text, the government will back down in shame, and the bill will be withdrawn and never seen again. But even if they do recognize the need to do that — as previous governments did with similar legislation that wasn’t as appallingly bad as this bill — I suppose it will take a few months. Let it be a constant annoyance to them until that time.
I keep expecting that at any moment the prime minister will become aware of what ended up in the text, the government will back down in shame, and the bill will be withdrawn and never seen again. But even if they do recognize the need to do that — as previous governments did with similar legislation that wasn’t as appallingly bad as this bill — I suppose it will take a few months. Let it be a constant annoyance to them until that time.