Conservatives raise privacy concerns over powers in government’s border security bill

Open this photo in gallery:

The Conservatives have accused the government of introducing “snooping provisions” in its border security bill, saying giving law enforcement agencies access to internet subscribers’ information without a warrant raises serious questions about privacy and Canadians’ Charter rights.

Michelle Rempel Garner, the Conservative immigration critic, raised concerns Thursday about measures in Bill C-2 granting the police and other agencies the right to demand information about internet subscribers – including the municipality where they subscribe – without a warrant from a judge.

The proposed provisions have been criticized by civil liberties advocates and legal experts, who argue they would run counter to previous court rulings and would almost certainly face new challenges.

The Strong Borders Act, tabled this week, outlines significant changes to the immigration and asylum system as well as measures to boost border security, as Ottawa attempts to allay concerns raised by U.S. President Donald Trump about controls at the shared frontier.

In debate in the House of Commons, Ms. Rempel Garner joined Bloc Québécois MPs to question why the government had not yet published an assessment about whether Bill C-2 is compliant with Canadians’ Charter rights, which include protection from unreasonable search and seizure.

The Charter of Rights and Freedoms includes protection from government interference in Canadians’ personal information, and a requirement for a warrant to search someone’s property.

Border security bill would give law enforcement access to internet subscriber information without a warrant

Ms. Rempel Garner said the government has not indicated what policy concerns, “aside from vague references to security” the new measures are meant to address.

She said “these snooping provisions are a massive poison pill that shouldn’t have been included in this bill.”

“Whether or not I use an online service, where I use an online service, if I depart from an online service, if I start an online service, how long I use an online service, everything that C-2 says it would do - that is my personal information,” she said. “That is none of the government’s business, certainly not without a warrant. There has to be a line drawn here.”

She said there were elements in the bill the Conservatives could support. But she and other Conservative MPs also raised privacy concerns about giving Canada Post employees the right to open people’s mail.

Ruby Sahota, secretary of state for combatting crime, said the measure would aid law enforcement by giving it the ability to gain a warrant to open Canada Post mail. She said such checks were already possible with letters and packages sent by courier companies.

The Bloc said it supported the intention of the bill to bolster the border and reinforce the immigration and asylum system. But Rhéal Fortin, the Bloc justice critic, said the bill would create a huge widening of police powers without a warrant, raising questions about threats to privacy.

Opinion: Alarming privacy threats are buried in the Liberal border bill

The bill would also give border agents more powers to search warehouses and train yards for goods being smuggled out of the country, including stolen cars.

Claude DeBellefeuille, the Bloc’s public safety critic, said her party has long been calling for better border controls to stop the export of stolen vehicles.

She said the Bloc wants the bill to proceed to a parliamentary committee for an in-depth study. “This needs to be looked at with rigour and we need to hear from as many experts as possible,” she said.

Public Safety Minister Gary Anandasangaree said the bill would deal a blow to transnational crime organizations. It would also help stamp out immigration fraud, and include new tools to combat auto theft, stop the flow of illegal fentanyl and combat money laundering.

He said police chiefs have voiced their support for easier access to limited internet subscribers’ information.

“They say Canada’s legislation related to lawful access is significantly outdated and urgently needs to be revised to align with modern technology,” he said.

He said he was confident that safeguards in place in the bill would mean that it is compliant with the Charter.