PERSPECTIVES: Bill C-22 poses a very serious risk to privacy rights

In an unprecedented move, the Liberal government led by Prime Minister Mark Carney is in the process of passing a controversial bill that’s garnered concern both at home and abroad. Bill C-22, the “Lawful Access Act” is currently in committee consideration and awaiting third reading in Parliament this coming Tuesday. This legislation, in its current form, is looking to provide law enforcement with the power to force service providers, including secure VPNs, to provide users’ personal information and metadata. It also requires said information to be stored for up to a year. 

Although federal authorities defending the bill have stated that this request would only be carried out through a judicial warrant, the collection of metadata itself has drawn concerns from activists, civil liberties groups, service providers, messaging app services such as Signal, and even tech giants such as Google, Meta, and Apple.

What is Metadata and Why Does the Federal Government Care?

In simple terms, metadata is ‘data about data’. For example, a message sent on a messaging app is considered  data, while “metadata” refers to the information associated with that message: the sender, the time the message was sent, the approximate location from which it was sent, data size, etc. The Canadian Security and Intelligence Service (CSIS) has argued that they need expanded digital surveillance access to address “outdated laws” that currently control investigation access. 

The Criticisms

Although other countries have legislation set in place to access metadata, the policies widely vary by country. For example, while Australia allows metadata to be retained for up to 2 years, neither the United States nor the European Union have a requirement to store metadata. NordVPN, a virtual private network provider, has indicated they would leave the Canadian market should the bill pass, a move they took recently in response to the Russian government’s request. Similarly, the online messaging app Signal, used by journalists, whistle-blowers and even high ranking officials in the United States government, has also expressed their readiness to leave the Canadian market if Bill C-22 were to pass.

Apple and Meta have issued statements of opposition to the bill, arguing that the passing of the legislation in its current form would force them to weaken encryption or introduce security vulnerabilities. This could open Canadian telecommunications systems to cyberattack like the 2024 hack of United States telecommunications, which highlighted the fundamental risk in the creation of backdoor entrances to tech devices like the ones proposed by the bill.

Meanwhile, the Canadian Civil Liberties Association condemned the bill as the direct successor to Bill C-2, the “Strong Borders Act”. The Justice Centre for Constitutional Freedoms has started an online petition to demand the defeat of the bill in Parliament. The Hill Times, which covers activity in Parliament, issued a public letter asking the federal government to withdraw Bill C-22.

What’s the Harm?

Despite the arguments presented by the federal government about the need for this legislation, this bill represents a terrible risk not just for political activists, members of the press or whistle-blowers, but for average citizens as well. It opens the door for state surveillance of a scale never seen in Canadian history. 

Under the guise of “security”, numerous countries around the world have taken sweeping measures to increase their surveillance powers and have proven unable to guarantee that said powers are not used illegally against their own citizenry.

People throughout the world flee their countries of origin, leave their families and everything they knew behind to escape violence, brutality and oppression. For centuries, people have chosen to make Canada their new home because of its promise of one thing: freedom. Article 2, section (b) of the Charter of Rights and Freedoms states that everyone has the fundamental “freedom of thought, belief, opinion and expression”. Bill C-22 is the most blatant, shameless and disgusting betrayal of those foundational principles of the Charter, of the ideal that Canada as a nation aspires to. 

Which is why I ask you to join the fight. Regardless of your political stance, this law poses a danger to the privacy of all Canadians. To further get involved, you can sign a petition, contact your Member of Parliament, find out their stance on the issue and, most important of all, make your voice heard to preserve democratic freedoms. 

Countless people, all around the world, have to experience the erosion of their civil liberties at home or from abroad. Countless immigrants and refugees can tell you, in great detail, what it is like to see their countries sacrifice their liberty in the name of “security”. Do not allow this sham of a bill to pass without putting up a fight against it. Our freedom of speech is on the line: it is our right and our duty to fight for it. Make yourself heard, make sure the federal government remembers that YOU can take away the power they are attempting to use against you.   

J. Griffin is a pseudonym.