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OTTAWA – The Canadian Constitution Foundation (CCF) is raising concerns about parts of Bill C-22, the federal government’s proposed “lawful access” legislation, warning it risks significantly expanding state surveillance and undermining Canadians’ privacy rights. 

Bill C-22 would require electronic service providers to build systems for law enforcement and intelligence agencies to more easily access private data. It would also allow the government to mandate the collection and retention of metadata, including device location information, for up to one year, and permit secret orders compelling companies to assist with surveillance activities. Effectively, the legislation would allow the government to turn personal electronic devices into non-stop tracking tools.

This morning, the CCF published a detailed explainer on the bill and launched a national petition calling on Parliament to amend the bill’s constitutional defects.

Last fall, the CCF urged Canadians to contact their Members of Parliament to oppose Bill C-2, the federal government’s original Strong Borders Act, warning it would erode privacy protections and expand surveillance powers. Following widespread public concern, the government split Bill C-2 into two separate pieces of legislation: Bill C-12, which has since become law, and Bill C-22, introduced March 12.

These measures could expose Canadians’ data to misuse or theft and may enable the creation of systemic vulnerabilities, including potential backdoors into encrypted communications. 

CCF Counsel Alexander Surgenor explained that Bill C-22 represents a significant escalation in government surveillance powers and risks normalizing invasive monitoring of Canadians’ private lives.

“Bill C-22 is a disturbing step toward nationwide surveillance infrastructure like something out of Nineteen Eighty-Four,” said Surgenor. “Powers that allow governments to track citizens as they go about their daily lives only move in one direction – they expand, and they are almost never given up.”

Christine Van Geyn, Interim Executive Director for the CCF, emphasized that the bill raises serious constitutional concerns under section 8 of the Charter – the right to be secure against unreasonable search or seizure.

“Section 8 is supposed to shield Canadians from precisely this kind of intrusive state power,” said Van Geyn. “Forcing companies to build surveillance capabilities into their systems and enabling secret orders for data access completely undermines the privacy rights the Charter was designed to protect.”

The CCF will continue to closely watch Bill C-22 and oppose surveillance measures that erode Canadians’ constitutional rights.