The Library of Parliament has put out a preliminary analysis of Bill C-2, which would limit who can pursue refugee claims in Canada and give officials the power to cancel immigration applications.DARRYL DYCK/The Canadian Press
The federal government’s proposed strong-borders legislation risks infringing on Canadians’ Charter rights if passed, including the right to be treated equally under the law, according to an analysis by the Library of Parliament.
The study by experts at the parliamentary library, which carries out research for MPs and senators, also notes that Bill C-2 could lead to discriminatory profiling and targeting by law enforcement and that some of its provisions – including proposed new powers to allow Canada Post to open letters – jeopardize the privacy of Canadians.
The analysis also warns of the erosion of protections for people fleeing authoritarian regimes, and that the bill might disproportionately affect racialized communities and people fleeing violence. It says asylum claimants may be deported from Canada without a full and fair assessment of the dangers they face.
The omnibus bill would tighten the criteria for asylum claims and give the immigration minister the right to cancel or suspend immigration applications.
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The Library of Parliament report says these new powers may infringe upon Section 15 of the Charter, which enshrines the right to equal protection under the law.
Ottawa’s Library of Parliament, which has a number of subject experts, is respected by MPs of all parties and senators as impartial and thorough. It helps parliamentarians carry out their work by providing analysis and background, including on bills going through Parliament.
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.
Tamir Israel, director of the Canadian Civil Liberties Association’s privacy, surveillance and technology program, warned that the bill would enable enforcement to find out without a warrant what prayer app someone is using, and whether they subscribed to specialized dating sites or apps.
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.
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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.
“As the [Library of Parliament] notes, this can significantly increase how much sensitive information law enforcement agencies receive when they use their existing legal powers. Similar regimes have also undermined cybersecurity in the past by creating security vulnerabilities that were exploited by bad actors,” Mr. Israel said in an e-mail.
The Library of Parliament also flagged a “lack of transparency and accountability mechanisms,” which could “make it harder for affected individuals to challenge discriminatory practices or seek redress.”
It warns that the bill may also clash with Section 7 of the Charter, which enshrines the right to life, liberty and personal security of people in Canada, including the right to legal remedies if rights are infringed.
It says proposed changes to immigration and asylum procedures – which advocates have warned remove critical safeguards – risk undermining the right to procedural fairness in the Charter.
It says this is particularly concerning for claimants from countries with poor human-rights records, as they are more likely to face serious threats to their security when deported.
Jenny Kwan, NDP critic for immigration and public safety, said the bill would “shut the door on many of the very people who need our protection, especially LGBTQI+ refugees.”
“Bill C-2 would roll back hard-won progress on human rights and put lives at risk,” she said. “Canada must remain a leader in refugee protection and a defender of LGBTQI+ rights. That means keeping our doors open to those who need us most because lives are on the line.”
The bill is currently at the second reading stage in the House of Commons.
Simon Lafortune, a spokesperson for Public Safety Minister Gary Anandasangaree, who is shepherding the bill through the Commons, said “we welcome all constructive debate on this matter to ensure that this legislation is effective, balanced and responsive to Canadians’ needs.”
“As this bill proceeds through Parliament, we will continue to support law enforcement, protect our borders, and ensure the safety of Canadians across the country,” he said in an e-mail.
Katelyn Moores, spokesperson for the Department of Justice, said the bill is “intended to bolster Canada’s response to increasingly sophisticated criminal networks and enhance the integrity and fairness of our immigration system while respecting Canadians’ privacy and Charter rights.”
She said the proposed changes to the law “are carefully designed to balance the privacy interests of impacted persons, while providing law enforcement the tools they need to investigate serious crimes and threats to national security.”