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.
Daily Hive: Canadian woman left in limbo after CRA accidentally declares her dead
When June “Juna” Miller filed her taxes in spring, she expected a refund, but instead, she was declared legally dead.
A few weeks later, she attempted to log in to her CRA account. It didn’t work, and she called the agency.
“The woman on the phone said, ‘Well, you’re deceased.’ I said, ‘What are you talking about? You’re speaking to me!'” Miller explained.
What followed was a month-long ordeal that cost her her pension, Social Insurance Number, and sense of stability.
“It took them five seconds to say I was dead… without even asking for a death certificate,” she said. “Now I’m being told it could take six months to prove I’m alive. That makes no sense to me.”
But with her account frozen and no payments coming in, she was suddenly without any source of income.
Her Social Insurance Number had been cancelled, making it impossible to access her bank account or even apply for temporary work to stay afloat.
Even Service Canada wasn’t much help, Miller claimed.
She recalls one interaction with an agent who questioned why she kept insisting she was alive, while another refused to proceed because her name didn’t match across various documents.
When Miller attempted to order a copy of her marriage certificate to fulfill the requirement, her request was denied because her ID had already been flagged as invalid.
Vancouver East MP Jenny Kwan stepped in as well, formally raising Miller’s case with the federal government.
Miller provided Daily Hive a copy of the letter dated June 30, in which Kwan wrote directly to Minister François-Philippe Champagne, asking that CRA fix the mistake immediately, restore her pension, and ensure all missed payments were sent without delay.
Resurrection, at last
On June 30, Miller received the call she’d been waiting for.
“CRA just called and I have been resurrected,” she told Daily Hive. “They’re sending an apology letter in the mail.”