{"id":100751,"date":"2025-08-27T12:14:10","date_gmt":"2025-08-27T12:14:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/100751\/"},"modified":"2025-08-27T12:14:10","modified_gmt":"2025-08-27T12:14:10","slug":"ottawas-strong-borders-bill-could-infringe-on-charter-and-privacy-rights-parliamentary-study-warns","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/100751\/","title":{"rendered":"Ottawa\u2019s strong borders bill could infringe on Charter and privacy rights, parliamentary study warns"},"content":{"rendered":"

Open this photo in gallery:<\/a><\/p>\n

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<\/p>\n

The federal government\u2019s proposed strong-borders legislation<\/a> risks infringing on Canadians\u2019 Charter rights if passed, including the right to be treated equally under the law, according to an analysis by the Library of Parliament. <\/p>\n

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 \u2013 including proposed new powers to allow Canada Post to open letters \u2013 jeopardize the privacy of Canadians. <\/p>\n

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. <\/p>\n

The omnibus bill would tighten the criteria for asylum claims and give the immigration minister the right to cancel or suspend immigration applications.<\/p>\n

Ottawa\u2019s proposed immigration reforms will restrict asylum seekers access to hearings<\/a><\/p>\n

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.<\/p>\n

Ottawa\u2019s 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. <\/p>\n

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. <\/p>\n

Its findings follow similar warnings from lawyers and civil-liberties experts<\/a>. They have predicted that, if passed, the bill could face legal challenges. Refugee advocates and migrant groups have criticized Bill C-2\u2019s proposed changes to immigration and asylum law<\/a>. <\/p>\n

The Library of Parliament\u2019s in-depth look at the bill raises particular concerns about so-called lawful access provisions to give police, Canada\u2019s spy agency and other public officers warrantless powers to demand information.<\/a><\/p>\n

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.<\/p>\n

Tamir Israel, director of the Canadian Civil Liberties Association\u2019s 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.<\/p>\n

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. <\/p>\n

Conservatives raise privacy concerns over powers in government\u2019s border security bill<\/a><\/p>\n

The Library of Parliament found that, as well as potentially clashing with the Charter, the bill may be framed to \u201ccircumvent\u201d decisions by the Supreme Court of Canada that confirm the right to privacy online. <\/p>\n

It warns that the bill\u2019s \u201cexpanded 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.\u201d <\/p>\n

\u201cEnhanced 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,\u201d it says. <\/p>\n

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. <\/p>\n

\u201cAs 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,\u201d Mr. Israel said in an e-mail. <\/p>\n

The Library of Parliament also flagged a \u201clack of transparency and accountability mechanisms,\u201d which could \u201cmake it harder for affected individuals to challenge discriminatory practices or seek redress.\u201d <\/p>\n

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. <\/p>\n

It says proposed changes to immigration and asylum procedures \u2013 which advocates have warned remove critical safeguards \u2013 risk undermining the right to procedural fairness in the Charter. <\/p>\n

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. <\/p>\n

Jenny Kwan, NDP critic for immigration and public safety, said the bill would \u201cshut the door on many of the very people who need our protection, especially LGBTQI+ refugees.\u201d <\/p>\n

\u201cBill C-2 would roll back hard-won progress on human rights and put lives at risk,\u201d she said. \u201cCanada 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.\u201d<\/p>\n

The bill is currently at the second reading stage in the House of Commons. <\/p>\n

Simon Lafortune, a spokesperson for Public Safety Minister Gary Anandasangaree, who is shepherding the bill through the Commons, said \u201cwe welcome all constructive debate on this matter to ensure that this legislation is effective, balanced and responsive to Canadians\u2019 needs.\u201d<\/p>\n

\u201cAs this bill proceeds through Parliament, we will continue to support law enforcement, protect our borders, and ensure the safety of Canadians across the country,\u201d he said in an e-mail. <\/p>\n

Katelyn Moores, spokesperson for the Department of Justice, said the bill is \u201cintended to bolster Canada\u2019s response to increasingly sophisticated criminal networks and enhance the integrity and fairness of our immigration system while respecting Canadians\u2019 privacy and Charter rights.\u201d<\/p>\n

She said the proposed changes to the law \u201care 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.\u201d <\/p>\n","protected":false},"excerpt":{"rendered":"Open this photo in gallery: The Library of Parliament has put out a preliminary analysis of Bill C-2,…\n","protected":false},"author":2,"featured_media":100752,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[49,48,44,714],"class_list":{"0":"post-100751","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-canada","8":"tag-ca","9":"tag-canada","10":"tag-news","11":"tag-politics"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/100751","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=100751"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/100751\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/100752"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=100751"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=100751"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=100751"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}