Immigration

HANSARD: Introduction of Bill C-3 to address the Lost Canadian issue

HANSARD: Introduce Private Member's Bill to to establish Ombud Office for the Department of Citizenship and Immigration

Michael Geist: “Big Brother Tactics”: Why Bill C-2’s New Warrantless Disclosure Demand Powers Extend Far Beyond Internet and Telecom Providers

The government’s inclusion of warrantless information demand powers in Bill C-2 may make this the most dangerous lawful access proposal yet, exceeding even the 2010 bill led by Conservative Public Safety Minister Vic Toews. The initial concern regarding the bill’s warrantless disclosure demand unsurprisingly focused on whether the proposal was consistent with Supreme Court of Canada jurisprudence upholding the reasonable expectation of privacy in basic subscriber information (there is a strong argument it is not). The application of this new power was generally framed as a matter for telecom and Internet companies, given that companies such as Bell, Rogers, and Telus are typically the focal point for law enforcement seeking information on subscriber activity. However, it has become increasingly apparent that this is an overly restrictive reading of the provision. The Bill C-2 information demand power doesn’t just target telecom providers. It targets everyone who provides services with the prospect of near limitless targets for warrantless disclosure demands.

Globe & Mail: Border bill powers would allow warrantless police requests to doctors, abortion clinics, hotels

The bill would give CSIS and the police, or a “public officer,” the power to demand the basic information without a warrant if there are reasonable grounds to suspect that a crime could be committed, or that any breach of a law passed by Parliament may take place. A draft form for making the information demand says to help with the investigation of an offence, the information must be provided “as soon as possible.”

The bill would gag the provider from saying they had received such a demand.

“With these powers, any official tasked with enforcing a federal law could go to the company you rented a car from or the hotel you stayed at and paint a detailed picture of your activities simply by confirming the various companies you interacted with,” said Tamir Israel, director of the Canadian Civil Liberties Association’s privacy, surveillance and technologies program.

“Even health providers could face secret demands and would need to hire a lawyer and challenge these in court within five days of receiving them if they wished to avoid revealing that you are their client.”

Net News Ledger: Critics Warn Bill C-2 Could Open Door to Warrantless Surveillance of Canadians

NDP MP Jenny Kwan, the party’s public safety and immigration critic, called the bill a step toward a surveillance state. “This could allow police to approach any doctor or service provider to find out what other services someone is using—without a warrant,” she said. “Even landlords could be compelled to disclose private information.”

Kwan also criticized the government’s lack of transparency, noting that no Charter analysis has been published for Bill C-2—despite being standard practice since the last election. “Canadians who voted for Mark Carney never signed up for this,” she added.

Guardian Opinion: Canadians said no to Trump – so why is Mark Carney pushing a Maga-inspired border bill?

The Carney Liberal government introduced Bill C-2, the Strong Borders Act, as their first piece of legislation in the House of Commons after the federal election.  This Bill is supposed to appease Trump with his delusional claims on fentanyl trafficking against Canada.  Instead of elbows up, speaking truth to power, he is bending a knee to Trump.  

Worst still, this legislation intends to align Canada with the US's refugee policies - it is an anti-immigrant and anti-refugee bill that goes against Canadian values and historically progressive policies.  Due process and administrative fairness are tossed out the window.  Oversight and accountability - non-existent.  

This Act will result in a mass deportation by administrative means, rather than law enforcement. It prevents persecuted individuals from applying for asylum in Canada.  It will result in the same outcome, putting thousands of people into precarious and vulnerable situations. It also upends privacy laws and creates a backdoor to accessing the private data of individuals. This legislation is a direct attack on civil liberties. The NDP will work with civil society, refugee and immigration organizations to actively oppose this draconian legislation. This is an excellent summary from the Guardian on Bill C-2:

CBC News: Are there 'snooping provisions' in Carney's massive border bill?

Public Safety Minister Gary Anandasangaree, who has a background in asylum and human rights law, said he would never advance a bill that threatens civil liberties.

"It needed to be in line with the values of the Canadian Charter of Rights and Freedoms," he said the day the bill was tabled. "I fundamentally believe that we can strike a balance that, while expanding powers in certain instances, does have the safeguards and the protections in place like protecting individual freedoms or rights."

The NDP's Kwan isn't convinced.

"I know the minister says this and believes it," she said. "But in reality, if you look at the bill, the minister is creating a situation where your personal info is being disclosed without your consent."

Canadian Press: Critic calls out border bill's proposed new cabinet powers on immigration

OTTAWA — An NDP critic says a provision in the federal government's border security bill that would give cabinet the power to cancel immigration documents is an attempt to "mimic" measures deployed by the Trump administration in the U.S.

"It seems to me … this piece of legislation is Canada's attempt to mimic some of those measures that the United States is adopting. I actually never thought that this day would come where Canada would go down that road," B.C. NDP MP Jenny Kwan told The Canadian Press.

Kwan said the proposed new power is "concerning" because cabinet decisions are made in secret and there's no firm definition of an "emergency" in the legislation.

"I don't accept that the Liberals say, 'Don't worry, we're the good guys, so trust us.' I'm sorry, that is just not acceptable," she said, adding there's no way to know what a future government might do with this power.

Toronto Star: Opinion

Border bill primed to give Mark Carney’s government sweeping new powers. Who asked for this?

Prime Minister Mark Carney’s first piece of legislation pulls away the welcome mat for asylum seekers. It makes it nearly impossible for those who have been in Canada for more than a year, either as students, permanent residents, or temporary workers, and those who’ve snuck into Canada between land border crossings and have been here for more than two weeks, from having their asylum cases heard.

“A lot of people are going to get rejected because they’re not going to have an opportunity to explain for themselves why they would be in danger when they go back (home),” said Adam Sadinsky, an immigration and refugee lawyer with Silcoff Shacter in Toronto.

On Parliament Hill, the NDP’s Jenny Kwan described the law as “violating people’s due process and taking away people’s basic rights,” and also noted that it will drive people underground.

Toronto Star: Carney government introduces bill to beef up border security

NDP MP Jenny Kwan said the bill should be “alarming” to Canadians and risks breaching their civil liberties, particularly for its changes on immigration.

“They are trying to create this illusion that Canada’s border is more secure in some way, but however, a lot of the components within the bill targets Canada’s own immigration policies and processes that has nothing to do with the United States,” she said, questioning why there were no measures specifically targeting illegal guns coming from the U.S., for example.

“There are lots of pieces that I think should be concerning to Canadians.”

Anandasangaree, a former human rights lawyer, defended seeking those new powers Tuesday.

“I worked my entire life in the protection of human rights and civil liberties. That’s a marquee part of the work that I’ve done before politics, in politics,” he told reporters.