Travellers wait to cross into Canada at the Rainbow Bridge in Niagara Falls, Ontario, August 9, 2021. (Photo by GEOFF ROBINS/AFP via Getty Images)
The Liberal government’s wide-ranging bill framed around the need to secure the Canada-U.S. border has multiple provisions which could impact rights protected by the Charter, the Justice Department has said.
The department released its Charter statement on Bill C-2 on June 19, providing its analysis of how some of the clauses could affect issues such as protection from searches, and security of the person.
The bill, also known as the the Strong Borders Act, intends to amend multiple acts and change longstanding traditions, such as making the Coast Guard an intelligence collector and disseminator, or allowing Canada Post to open letters.
Canada Post can currently open other types of mail, if there are reasonable grounds to suspect that some requirements haven’t been met or that the content could be a dangerous substance or contraband.
The amending of the Canada Post Corporations Act would extend the power to letters, which “has the potential to engage section 8 of the Charter,” the department said. Section 8 protects against unreasonable search and seizure.
The department argues that because the same requirements would apply to letters as currently applies to the inspection of other types of mail, the amendment is consistent with section 8.
“The inspection power promotes important objectives, such as protecting the safety of the public and postal workers, preventing the postal system from being used for unlawful purposes, and assuring an efficient postal system,” the Charter statement says.
Bill C-2 has raised concerns from opposition parties and advocacy groups that it encroaches on civil liberties and is too broad for its stated purpose of strengthening the border.
Government officials held a briefing with media on June 19 to address these concerns, with one official saying they have been paying close attention to the public discourse regarding concerns raised on privacy and Charter rights.
“What the government is saying is that what is being proposed is a reasonable approach that balances the very real needs of law enforcement today with the privacy interests of Canadians,” an official speaking on background said.
The briefing was held to specifically discuss the intended amendments to the Canada Post Corporation Act and the other part of the bill seeking to allow security agencies to request information from service providers.
The bill would allow an officer from law enforcement or the Canadian Security Intelligence Service to make a demand to a provider for information on a client, such as the nature of the services provided and their related dates and locations, and whether the provider holds additional information on the client. These demands would not require obtaining authorization from a judge and could be made if the officer has “reasonable grounds to suspect” an offence has or will be committed.
“As this power would enable police to obtain information linked to a person, it could be perceived as having effects under section 8 of the Charter,” says the Charter statement.
In explaining why the provision would not infringe on Charter rights, the statement said the information obtained would not reveal the content of communications. It adds the “reasonable suspicion” threshold would prevent the power from being used for “fishing expeditions.”
The Supreme Court has previously ruled that there’s a reasonable expectation of privacy regarding internet subscriber information.
Bill C-2 was introduced in early June by Public Safety Minister Gary Anandasangaree. He faced criticism from opposition MPs early on for not having provided a Charter statement at the time, given debate on the bill started on June 5 in the House of Commons.
Conservative MP Michelle Rempel Garner argued the bill has “snooping provisions” which she described as a “massive poison pill that should not have been included in this bill.”
Bloc Québécois MP Rhéal Éloi Fortin said his party is satisfied with the bill’s provision to improve border security and counter organized crime, but also said he’s concerned with the security of personal information.
Anandasangaree said the bill will not violate civil liberties or Charter rights and that it is necessary to modernize the legislative environment around lawful access to information.
The minister said the bill is fulfilling his government’s pledge to keep communities safe and work with the United States to bolster border security.
The full title of the bill is an “Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures.”
It was introduced as Canada is in negotiation with the Trump administration to achieve an agreement on trade and security. It follows Ottawa’s adoption of a $1.3 billion border security plan in late 2024 in a bid to avoid U.S. tariffs.
Bill C-2 would, among many other things, make it harder to claim asylum in Canada and tighten anti-money laundering rules.
Noé Chartier is a senior reporter with the Canadian edition of The Epoch Times. Twitter: @NChartierET