The House resumed consideration of the motion that Bill , be read the second time and referred to a committee.
:
Mr. Speaker, it is my pleasure to join the debate around Bill , the lawful access act, 2026.
To figure out where we are at, we have to figure out how we got here. I think any conversation around giving law enforcement agencies better tools to be better able to fight crime is a good thing. However, the devil is always in the details, as people say. With respect to this bill, there are some concerns coming from our side that we would like to flesh out at committee.
At first blush, there are some important aspects we need to ensure are in the bill. I have had conversations with some of our colleagues on NSICOP and the people looking into cybersecurity. Canada is somewhat behind when it comes to giving our police officers those tools, so the bill is timely.
Conservatives believe in law and order and have always stood for common-sense measures to keep Canadians safe. For the past decade, we have been urging the Liberals to reverse their failed policies and restore safety to our communities. I can say that, in many cases, in my home city of Regina, crime comes up very often when we are on the doorsteps or at events. Crime has continued to skyrocket under the Liberals, whether that be violent crimes, sexual assaults or gun crimes. Despite all of their failed attempts when it comes to the gun grab, gun crime continues to rise in this country, and that is because of failed Liberal policies. They have had chances over the last 11 years to implement different policies, but they continued to implement policies that have failed.
Last fall, the Liberals put forward a bill similar to this, Bill , which fell short when we looked at protecting Canadians, while it overreached in other areas. I think that is one thing we will come back to time and again when it comes to Bill . There are three parts to the bill. With respect to the first part, I think there is some agreement it is needed for law enforcement. However, the second and third parts come into question. The fact is the government has shown government overreach time and again. We need look no further than the implementation of the Emergencies Act, when bank accounts were frozen. I gave a speech when the act came into effect; I talked a lot about government overreach. That is one of the concerns we would have when reviewing this bill at committee.
Bill , to give a bit of reference to the people watching in TV land, had to do with limiting the use of cash and opening mail without oversight. It demanded that any service provider, including hospitals, financial institutions and even dry cleaners, disclose user data without judicial overview. Therefore, I would say the parent bill to Bill C-22 is Bill . The Liberals have taken some of those very poor policies out of .
We support giving law enforcement agencies the tools they need to combat crime and keep communities safe, particularly as threats become more sophisticated in the digital age. At the same time, these powers must be accompanied by strong safeguards, clear limits and independent oversight to protect the rights and freedoms of Canadians. We are carefully reviewing the legislation we have talked about to ensure the Liberals do not repeat past failures when it come to government oversight. At committee, Conservatives would be able to hear from many experts to further evaluate and improve this legislation. We will continue to stand for common-sense solutions that protect the individual freedoms, privacy and safety of Canadians.
I have listened to some my colleagues talk about some of the concerns they have with respect to Bill . I think one of my colleagues talked about what modernization and privacy objectives should be in the bill. The world has changed how Canadians live, communicate, bank, work and raise families. That has all moved online rapidly and permanently, but our laws have not kept pace with that reality. That is why it is important to be clear about what this debate is and what it is not. We are not here to debate legislation that allows law enforcement to spy on innocent, law-abiding Canadians without oversight; that is not what the bill proposes. The core issue before us is how Parliament protects Canadians in an increasingly digital country while respecting the rights and freedoms that define us.
Public safety is the most obvious concern. Canadians are being targeted every day by online fraud, identity theft, extortion and exploitation. Seniors have lost life savings. Families have had their identities stolen. Children have been coerced and harmed in many ways made possible by anonymity and speed online.
In the communities we live in, we have conversations about online activity with our children. The Internet child exploitation, ICE, unit comes into schools across Saskatchewan to explain why it is so very important to be careful with anything online, making sure that our children know that there are some real safety concerns when it comes to online material and people trying to get their information online.
On the first day of school, we hear police officers comment to never take a picture of one's kid in front of their school or say what grade they are in or where they go to school. That has changed a lot in our country; it is important to be safe when we are online. Those conversations happen often in my house. Hopefully they happen in many houses, so that children are very careful with what they are doing online and are making sure they know who they are talking to when they are online.
I will reference a couple of news articles about some of the concerns that are out there when it comes to Bill : “Canada's lawful access bill risks making Canada's telecoms and internet providers, as well as phones and laptops, more vulnerable to hackers, including foreign intelligence services with malevolent intent, tech and legal specialists are warning.”
That is from The Globe and Mail, dated March 16, 2026, by Marie Woolf. I think that this is something we can review when it comes to online protections. When it comes to the bill, when it goes to committee, we can very definitely review what there is for government oversight when it comes to warrants and things like that.
The article reads, “Bill C-22, introduced by Public Safety Minister...last week, would require telecoms, internet companies and other digital service providers to make changes to their systems to give surveillance and monitoring capabilities to the police....” That would potentially give hackers the opportunity to access that information.
That is what we are concerned about when it comes to housing Canadians' data and information and where that is going to be housed. We want to make sure that this is secure. Hackers can get more data if it is located in one spot.
What it comes down to is that the Conservative point of view is that we understand that there are some tools that law enforcement need to make Canadians safer online. We are just making sure that there is that proper oversight, so that it does not allow for hackers to access that information more quickly when it comes to people's online information.
There are some civil liberties groups that do have concerns. Michael Geist, the University of Ottawa's Canada research chair in Internet and e-commerce law, said that “concerns regarding vulnerabilities and scope creep are real.” He said, “Without greater precision, this could be used to target user devices or ultimately make networks less secure”, as we have mentioned before.
David Pierce, vice-president of government relations at the Canadian Chamber of Commerce, said that “his members, which include Canadian telecoms, understand the need for law enforcement to have a lawful access regime. But he said ensuring that encryption is not compromised, and data are not made vulnerable are key concerns of the business community.”
We do have some concerns out there when it comes to the bill. That is why it will be incumbent on us to have thorough witnesses and have a lot of time dedicated to the bill in committee, so that people come forward who do have concerns regarding the scope creep and the storing of data, making sure that it is not a vulnerability, and so that hackers cannot have access to that. We have been far behind on bills like this because of inaction by the Liberal government. That is why, over the last 11 years, we have seen skyrocketing crime rates. Hopefully, the bill can help give some of the tools to police officers, tools that they have asked for.
:
Mr. Speaker, I am pleased to rise on behalf of security conscious Canadians in the vigilant riding of Algonquin—Renfrew—Pembroke to speak to Bill , a bill respecting lawful access.
The Conservatives support giving law enforcement the tools it needs to combat crime and keep communities safe. At the same time, these powers must be accompanied by strong safeguards, clear limits and independent oversight to protect Canadians' rights and freedoms. Conservatives support sending the bill to committee for careful review.
The bill represents a major test for the and his ill-gotten majority. Had Canadians collectively decided to actually elect a majority government last year, we would not even be debating this bill. The Liberals would have used their majority to force through Bill , which was the Liberals' first attempt at a lawful access bill. It was only because of a minority government that the Conservatives were able to prevent the Liberals from passing it.
If the Liberals had gotten their way, they would have had the power to limit Canadians' use of cash. Bill would have allowed the Liberals to open people's mail without a warrant. The bill would have allowed Liberals to demand any data from any service provider, without a warrant. That would have applied to telecoms and companies, as well as to hospitals and banks. Even Canadian dry cleaners would have been subject to this law. Bill was an obvious overreach.
The absence of those provisions in the new bill proves only that Conservatives were right. Just as with the first bill, the new version is not perfect. There are troubling issues related to metadata retention and the legal thresholds for asking for Canadians' private information. It may be possible to address or correct those issues in committee. Whether or not the Liberal MPs on the committee will be willing to adopt those corrections is the test. Will this be a typical Liberal majority under a typical Liberal prime minister? How the bill is handled will provide Canadians with the answers.
By the time Jean Chrétien was in his third majority, journalists were writing books with titles such as The Friendly Dictatorship. After Justin Trudeau was given a blank cheque by Jagmeet Singh's NDP to govern as if he had a majority, he illegally invoked the Emergencies Act and violated Canadians' charter rights. The only thing worse than a Liberal prime minister with a majority government is a Liberal prime minister who has convinced himself he is serving in a time of a unique crisis requiring new powers.
Jean Chrétien nearly led us to the breakup of the country. He used that to justify emergency spending on Canadian flags in Quebec. He told himself that he did not need oversight. He was saving the country. When the pandemic finally arrived in North America, Trudeau's first instinct was to seek two years of unlimited spending power without parliamentary approval. He told himself he did not need oversight, because he was saving the country. Now we have a new claiming we have a new crisis. He told himself that only he could solve it by answering fewer questions than any prime minister in history.
Rather than hiding on YouTube, the should be giving his forward guidance advice to Canadians from the floor of the House of Commons. That the Prime Minister's instincts are to hide from the House makes me think he will fail the test the bill represents, but the test falls onto the shoulders of every so-called Liberal member of Parliament. Too often, they seem to think they are Liberal members of government.
During the last election, we knocked on, collectively, hundreds of thousands of doors. Not a single voter told me that their first priority was ensuring that telecoms retain a year of metadata on all their customers. I bet that is true for every Liberal member too, yet even before new MPs had a chance to find the bathrooms, the government was tabling extensive legislation to give the state vast new powers. The bill was tabled for the same reason we have a fentanyl czar: The Liberals thought it would appease the Trump administration.
The former bureaucrat, turned , asked the federal bureaucracy to draft legislation to make America happy again. Before his ministers could staff their offices with the type of people who might ask what stakeholders such as the Canadian Civil Liberties Association would say about the law, it was tabled. It was only the opposition's holding a majority that prevented this first rushed and flawed legislation from becoming law. Thanks to unprecedented acts of self-interest, Liberals have a hair's breadth of a majority.
Will the newly empowered Liberal members use this opportunity to work collaboratively, or will they force the bill through quickly to rack up a political victory? Do the so-called Liberal MPs think provisions in the bill that would require service providers to retain all metadata for a year are justifiable?
Metadata information about the file itself is contained within many computer files. Emails that Canadians send contain extensive metadata, including who sent the email, the time it was sent, the software that was used to send it, the type of hardware used to send it, the sender's IP address and every IP address that every server in an email was routed through. People's cellphone calls create metadata that includes who called, who answered and the time and duration of the call; the cell towers used during the call; and even the GPS coordinates for the caller.
Telecom companies retain this data for billing purposes, but they do not keep it beyond that point. Canadians, collectively, make 100 million cellphone calls every year. Forcing companies to maintain databases containing information on over 36 billion phone calls would present a systemic privacy risk.
Beyond maintaining this vast secret database for the government, the companies would also be required to maintain systems that allow government to easily search and collect this metadata. This is often referred to as a back door. The concern has always been that creating a back door for the government also creates a back door for criminals and hostile foreign states. The Liberals will tell Canadians not to worry. They will point to language in the bill that says the government would not be allowed to ask for any back doors that company officials believe would create a hacking risk.
Unfortunately for the Liberals, they tabled the bill just weeks before the world learned that the AI company Anthropic had built an AI model so advanced and so dangerous that the company has limited the access to it. The danger was that this new AI model had discovered thousands of new vulnerabilities in some of the most popular code. One of the most widely used operating systems for routers had a vulnerability that had been undiscovered for 27 years.
The government is asking Canadians to trust Bell, Rogers and Telus to know in advance if the government is putting our privacy at risk. I should clarify something. I do not know whether Bell, Rogers and Telus would be covered by the bill. It is a reasonable assumption, or in the language of this bill, I have a reasonable suspicion, that the big three telecoms would be included. The actual list of providers can be found under schedule 1 of the bill. That page is currently blank.
It would be left to cabinet to decide which companies would be covered. Cabinet would decide what measures companies would have to take to provide access to the company's information. In making these regulations, cabinet would be required to consider the cost of the regulations, the feasibility of the regulations and the impact of the regulations. However, just in case those factors ended up limiting the government, cabinet would have the power to also consider any other factor cabinet thinks is relevant. How convenient that is for the Liberal cabinet.
That is just one example of one loophole in a substantive bill. This is why Conservatives support moving the bill to committee. The intent of the bill is to allow police and CSIS to do their jobs. The committee must be given the time it needs to hear from witnesses. It needs the time to provide the level of scrutiny that such a bill demands.
We know that the is impatient. He is used to people just following orders. We have already seen how he mis-characterizes legitimate opposition as wasting time. Even the Liberal-friendly Toronto Star is allowing expressions of concern that the Prime Minister has an authoritarian streak. That is why the bill is such an important test for the ill-gotten Liberal majority. It could be an example of parties' listening to each other and to Canadians to improve the bill, or it could be that desperate Liberals grasping for accomplishments will jam it down Canadians' throats.
The has already failed the test he set for himself. There is no comprehensive deal with the U.S. Food prices are the highest in the G7. We do not need forward guidance to tell us the deficit is already higher than he projected six months ago. We need a prime minister who will pass the test of democracy.
:
Mr. Speaker, when we speak to constituents in my riding and right across Canada, public safety is paramount, and lawful access is something that we keep hearing is necessary to keep Canadians safe. As such, this is not an abstract notion. This is not theoretical. It reflects the reality of Canadians, like our families, seniors, newcomers and young people, while they are going about their daily lives with growing concern about what is happening in their community. In my riding of Mississauga East—Cooksville, I hear this directly. People want to feel safe. At the same time, they want to know that their rights are protected. They expect both of these things, and they are right to expect both.
Over the past year, our government has advanced a clear and comprehensive framework to address public safety in Canada, one that rests on three key pillars. First is stronger laws. This includes reforms to bail and sentencing, measures to combat hate, and stronger protections against gender-based violence and exploitation of children, especially online. Second is supporting the front line. This includes investments in law enforcement, with 1,000 new RCMP officers and 1,000 new border officers, but also ensuring police have the tools they need to do their jobs effectively. Third is upstream investments, because safer communities are built not only through enforcement, but through prevention and investments in housing, mental health, addiction supports and programs for at-risk youth.
It is important to emphasize that these pillars are not isolated; they reinforce one another. Strong laws mean little without enforcement. Enforcement alone is insufficient without prevention, and prevention must be paired with accountability. Today's legislation, Bill , sits squarely within that second pillar. Let me be clear that supporting the front line is not just about adding more officers, but it is about equipping them with tools that reflect the world that we live in today, because that world has changed. We all know that.
Technology has transformed how we live and, unfortunately, how crime is committed. We all carry powerful devices in our pockets. We communicate instantly across borders. While these tools serve very positive purposes, we cannot ignore that criminal organizations are using them as well. In conversations I have had with law enforcement, one message comes through clearly: Crime today is increasingly digital, organized and transnational.
We are seeing sophisticated extortion schemes coordinated online, auto theft rings operating across jurisdictions, home invasions tied to organized networks and, most disturbingly, the online exploitation of children. These are not isolated incidents. They are coordinated operations, often directed in real time through encrypted communications.
In Mississauga East—Cooksville, we are not immune to these trends. We are seeing online fraud targeting seniors and newcomers, exploitation facilitated through digital platforms and organized crime leveraging technology to evade detection. What is particularly troubling is the speed at which these crimes unfold. A scam can empty a bank account in minutes. An online interaction can put a young person at risk almost instantly.
Our local police, especially Peel Regional Police, are doing exceptional work, but they have been very clear that the tools available to them must keep pace with the threats that they face. One of the greatest challenges in modern policing is anonymity. Police cannot arrest an IP address. They cannot prosecute a phone number. Behind every digital identifier is a human being. Too often, that individual is shielded by outdated laws, creating a troubling imbalance. Criminals can act quickly, anonymously and across borders. Law enforcement, meanwhile, is slowed by processes that were designed for a different era. If we are serious about public safety, we must ensure our legal framework reflects modern realities.
This is where Bill comes in. At its core, this legislation is about lawful access, or giving the police the ability to access critical information in a targeted, lawful and timely way.
Let me be clear about what this bill would do and what it would not do. It would not provide unrestricted access to personal data. It would not allow surveillance without oversight. Instead, it would introduce a carefully structured, step-by-step process.
First, where there is an active investigation, police could request confirmation of whether a phone number or IP address is linked to a particular service provider. This would not be content. It would not be private communications. It would simply be identifying the network. Today, the process can take months to determine where to even begin. During those months, evidence can disappear, victims can be further harmed and criminal networks can continue to operate without interruption. This is unacceptable.
Once a link is confirmed, police would then need to seek judicial authorization to access subscriber information such as name and address. This would ensure every step is grounded in legal oversight. This is information that was publicly available in the past. I remember in the 1980s, and I am one of the older guys here, we could open up a phone book and get all this information. Today, that is not accessible to law enforcement, so this needs to get done. In today's digital world, this is not accessible without legal authority. Only in urgent, time-sensitive situations, such as active child exploitation, can access occur without prior authorization. Even then, strict safeguards apply, including accountability measures after the fact.
I want to take a moment to emphasize something that is fundamental to this legislation, and that is trust. Canadians must have confidence that their rights are protected. That is why this bill includes clear legal thresholds before any information could be accessed, judicial oversight for sensitive information, defined limits on what could and could not be requested, and accountability mechanisms to ensure proper use. This is not about expanding state power without limits. It is about ensuring that when power is used, it would be used responsibly, proportionately and transparently.
In fact, this legislation reflects the guidance of our courts and incorporates lessons from past debates. This bill is about balance. It would ensure judicial oversight, clear legal thresholds and independent accountability. In fact, it would establish one of the strongest privacy-protected lawful access regimes in the G7. I would argue this balance is precisely what Canadians expect. They do not want a false choice between safety and privacy. They want both, and this bill would deliver both.
Let us be honest: Canada is behind. Every other G7 country has a lawful access framework. All our Five Eyes partners do as well. Without it, our investigations are slower, more cumbersome and less effective. When crime happens in real time, delays have consequences.
This legislation did not emerge overnight. It builds on years of consultation with law enforcement, privacy experts, legal scholars and parliamentarians from all parties. The result is a bill that is more targeted, more accountable and more transparent. This is what responsible law-making looks like.
When we talk about public safety, we must remember the people on the front lines, the officers, the investigators and the professionals, working every day to keep Canadians safe. They are not asking for unlimited powers. They are asking for modern tools to match modern crime. When we give them those tools with proper safeguards, we are not only supporting law enforcement, we are supporting victims. This issue has been discussed for decades. Law enforcement leaders have warned that we are at risk of “going dark” and losing access to critical digital evidence. We now have an opportunity to act, and with that opportunity comes responsibility.
Before I conclude, I want to share a quick story that underscores why this matters. A constituent in Mississauga East—Cooksville reached out to my office not long ago and said he was defrauded because of a cryptocurrency scam online. For that individual and many across our country, we need to pass this bill, move quickly—
:
Mr. Speaker, under our federal government, our approach to keeping Canadians safe rests on three pillars: stronger laws; stronger support for the front line, including 1,000 new RCMP officers and 1,000 new officers at our borders; and stronger upstream investments in housing, mental health and programs for at-risk youth. Bill sits inside the first two pillars. It would modernize our laws and give our police the tools they have been asking Parliament for, not for years but for decades.
Let me speak plainly about why we need this legislation. Today, the most serious crime does not happen only on our streets. It also happens on our phones and on our apps. It is planned in chat groups. It is carried out across borders, and it is all done in seconds. With child sexual exploitation, human trafficking, extortion, money laundering, auto theft rings, hate-motivated violence and foreign interference, criminals have moved online, and our laws have not yet kept up.
Canada is currently the only country in the Five Eyes and the only country in the G7 without a modern lawful access framework. Every one of our closest allies has legal tools that let their police, with judicial oversight, obtain basic digital information during a criminal investigation. Canadian police do not. That gap is not theoretical. It means that Canadian investigations stall. It means that tips from foreign agencies sit unused. It means, in the worst cases, that investigations are simply abandoned before they begin.
The Canadian Centre for Child Protection has reported that police-reported online child sexual exploitation incidents rose 374% between 2014 and 2024. In 2024 alone, 94% of online child sexual abuse material did not result in charges, often because police simply could not identify the person behind the screen name, and that is unacceptable. Bill would help to change that.
Let me walk through, in plain language, what Bill actually does and, just as importantly, what it does not do. I think that when people understand the mechanics, a lot of the worry might fall away.
First, the bill would create a simple yes-or-no tool called a confirmation of service demand. Here is how it works. Say police are investigating an extortion case and they have a phone number. They need to know which telephone company, whether it is Rogers, Bell, Telus or anyone else, actually services that number so they know where to send a court order. Under Bill , they can ask that single question: “Do you or do you not service this number?” That is it. There is no name, no address, no content, just yes or no. Today, without this tool, police can spend weeks or months in court, company by company, just to figure out whom to serve. Bill C-22 would let them skip that guessing game and get on with the real investigative work.
Second, and this is the critical privacy safeguard, once police know which provider to go to, they still have to go to a judge. A judge has to independently authorize what is called a subscriber information production order before police can get the name and address behind that account. That is judicial oversight. That is the charter at work. This is not police walking away with someone's name on their own say-so. It is police going before a court, making their case, and a judge deciding whether the threshold has been met. Frankly, this is the same kind of information that used to sit in the phone books on our kitchen counters, but because digital identifiers now reveal so much more about us, the Supreme Court has said, rightly, that accessing them requires a warrant, and Bill respects that.
Third, the bill would require our major electronic service providers to actually be capable of responding to a valid court order. This sounds almost unbelievable, but under current Canadian law, there is no such requirement. A judge can issue an order, and a company can simply reply that it is not technically able to provide the information. Bill would fix that with requirements tailored to each class of provider and with oversight from the independent intelligence commissioner.
Fourth, the bill would create a clear legal pathway for Canadian police to work with our allies when crime crosses borders. In 2026, organized crime does not stop at the 49th parallel, and our law enforcement has to be able to move just as quickly.
I am very blessed to represent one of the most engaged and most thoughtful communities in this country. Davenport residents care deeply about privacy and the charter. I want them to know their federal government has listened. This is not the first version of the bill. An earlier version was part of Bill last year. We heard the concerns raised by privacy experts, civil liberties groups and members of all parties. We took those concerns seriously, we consulted broadly, and we came back with a better, narrower and more carefully built bill.
Here is what changed. Warrantless access to subscriber information is gone, and judicial authorization would be the rule. The definition of “subscriber information” has been narrowed to the basics. The bill would also explicitly protect solicitor-client privilege and medical information. Ministerial orders would require approval by the independent intelligence commissioner. Data retention would be strictly limited to metadata, for a maximum of one year, and not content, not web browsing history and not social media activity. As well, the whole act would come back before Parliament for mandatory review three years after it comes into force.
To be absolutely clear, there are no back doors in this bill. Police would not get direct access to anyone's communications. Service providers themselves would retrieve the information, and only after a court has authorized it. This is lawful access, with the emphasis on “lawful”.
Last month I had the privilege, as chair of the Toronto Liberal caucus, of joining the federal and Toronto police chief Myron Demkiw at Toronto police headquarters, where the minister spoke about the legislation. Standing with the chief, hearing directly from him about what Toronto police officers face every single day, such as the extortion cases hitting families across the city, the auto theft rings and the online exploitation of our children, one understands very quickly why the bill matters and why the delay has real costs, and it is not just Toronto. There is also support for this bill from the Canadian Association of Chiefs of Police, the National Police Federation and the B.C. Association of Chiefs of Police.
In closing, to my constituents in Davenport and to the families that have been scammed, the parents worried about their children online and the small business owners who have been threatened with extortion, the bill is for them. To those across Davenport who care fiercely about privacy in the charter, I want them to know that the bill has been built carefully, with judicial oversight at its core and independent accountability layered throughout. It is not a choice between safety and rights. It is both, together, the way Canadians expect.
Crime has modernized. It is long past time our laws did too. I urge all members of the House, from every party, to send Bill to committee, to study it, to strengthen it where they can and to get it passed. Canadians have waited many years. They should not have to wait any longer.
:
Mr. Speaker, Conservatives believe in law and order, real law and order, not the kind the Liberals talk about at election time and forget about the moment the votes are counted. Real law and order means keeping Canadians safe and making sure the justice system actually works.
Today we are talking about Bill , a bill that deals with how law enforcement investigates crime in the digital world. Crime has changed. The drug dealer who once operated on a street corner now operates through encrypted apps. The fraudster who once passed bad cheques now steals credit cards online. The predator who once lurked in a park now targets children on the Internet.
If Parliament does not give law enforcement the tools to follow crime in a digital world, criminals will keep winning. Conservatives understand that. We support giving law enforcement the modern tools it needs to do its job, but we also understand something else: The government does not get a free pass from scrutiny when it comes to the personal information of Canadians.
Let me tell members about a case that shows exactly what Parliament is dealing with here. In the Supreme Court case of R. v. Bykovets, police were investigating online fraud by a fraudster who was using stolen credit card information to purchase gift cards online. Investigators traced the activity back to an IP address and obtained subscriber information, and charges followed. However, the case was decided not by what evidence was found but by how that evidence was obtained. That information could reveal personal details about a person's online activity. Investigators can only move forward when that data can be tied to a real person. Because the IP address was accessed without a warrant, the evidence was thrown out.
That is the reality of what Parliament is dealing with today. In a digital investigation, it is not enough to find the evidence. The law must allow law enforcement to get it in the right way. If that step is mishandled, the case can fall apart, and justice may not be served. That is why Parliament must get this legislation right.
Before I say more about Bill , we need to look at how the legislation came to be here today, because this is not the first time the Liberal government has tried to expand access to the personal information of Canadians. Last fall, the Liberals introduced Bill . It proposed a sweeping expansion of government surveillance that alarmed many Canadians, including many of my constituents. It would have given the government access to personal data across a broad range of service providers with little jurisdictional oversight. It included broad ministerial powers with almost no independent accountability. It applied obligations far beyond the communications sector.
Conservatives pushed back. We forced the Liberals to remove provisions that would have allowed access to postal mail without a warrant. We forced them to remove provisions that would have enabled broad demands for personal data without defined legal thresholds. After all of that, they came back with Bill . When a government has to rewrite its own legislation twice because it went too far, it raises many concerns. That is exactly why Parliament must examine this bill with care.
Let us be honest about the government's record on crime. For 10 years, the Liberals let crime get out of control. Violent crime is up, auto theft is up, and bail has become a revolving door. Canadians are less safe today than they were when the Liberals took office. What has been the Liberals' response? Absolutely nothing.
Canadians will not be fooled. They have watched the government talk tough on crime while criminals walk free on bail the same day they are arrested. They have watched the government lecture Canadians about safety while gutting the tools that keep them safe. Now the same government wants Parliament to trust it with expanded access to the personal data of Canadians.
What would Bill actually do? Part 1 would lower the threshold for accessing subscriber information. It would allow investigators to move from an IP address to an identifiable person more quickly and without a warrant.
Part 2 would require electronic service providers to retain data, including IP addresses and location information, so it is available for future access. The bill would also also give ministers the power to impose technical requirements on service providers through confidential orders. I think that is the most important part. I personally think that is probably one of the bigger sticking points. Those orders would be reviewed by the intelligence commissioner.
Each of those three things raises serious questions. Subscriber information can reveal identity and patterns of activity. If limits are not clearly defined, the risk of improper use would increase. Data retention creates a standing pool of information that can be accessed later. Without clear rules on storage, duration and security, that data would become vulnerable. Ministerial orders would impose requirements on private systems without public visibility. As I commented before, that is probably one of the more concerning ones. We need public visibility with this bill. It is not clear that the oversight by the intelligence commissioner alone would be sufficient. These are not hypothetical concerns, but the same concerns that forced major changes in Bill ; they exist in Bill .
Conservatives want this bill to go to committee. Second reading is about the principle of the bill. Committee is about whether the bill is properly drafted and actually works. This bill needs that scrutiny. It does not clearly define who must keep the retained data, where it would be stored, how long it would be kept or how it would be protected. Those gaps would leave the system exposed to misuse.
The definition of electronic service provider is broad. It can extend well beyond telecommunications to messaging platforms and cloud services. The bill would set limits on excluding content, browsing history and social media activity from retention, but it is not clear those distinctions would hold.
At committee, we will hear from law enforcement officers who can speak to what they need on the ground. It is where privacy experts can explain how these measures would affect Canadians. That is where the work of Parliament is supposed to occur. Conservatives support giving law enforcement agencies the tools they need within a framework that respects the rights of Canadians. Sending it to committee would allow Parliament to fix legislation before it becomes law.
I represent a rural region in western Manitoba. My constituents care deeply about safety and their freedom. They want law enforcement officers to have the tools to protect their communities. They also expect their government to protect their rights. Those two things are not in conflict. Effective law enforcement and strong safeguards for Canadians can and must go together.
The R. v. Bykovets case reminds us that shortcuts in procedure can undermine even the strongest investigation. The history of the Liberal legislation in Bill reminds us what happens when government reaches too far. Conservatives will not let that happen again. We will make sure this legislation serves both justice and freedom, because Canadians deserve nothing less.
:
Mr. Speaker, it is with great pleasure that I get up to speak to a bill that I think we absolutely need to send to committee. We are already very tardy on lawful access. As my fellow mentioned just a moment ago, all of our other Five Eyes partners and all of our other G7 partners have modernized laws with respect to lawful access.
Our government entered office with a couple of main priorities. One of them was being laser-focused on the economy and one of them was instilling a sense of safety in Canadians. In order to instill a sense of safety, we need to make sure that police, CSIS and all of our security community stakeholders have the effective tools they need in order to confront organized crime, threats of terrorism, interference from abroad and all of the other modern threats that exist in today's digital age, which did not exist 20 years ago.
That might have been done with the combatting hate act that was just adopted through the House and is now before the Senate. It would give police the tools they asked for to better combat hate. It was done through a bill we adopted with a significant majority to deal with making it harder for dangerous criminals and repeat offenders to get bail. It is being done with respect to a bill we are now debating at the justice committee that talks about intimate partner violence, femicide and images that are being shared. It is also being done through making sure that police have the necessary tools to deal with threats that are coming across our networks.
I used to have the privilege, before I was elected, of being the general counsel and chief administrative officer of a tech company. I frequently dealt with Internet service providers and telcos. This bill deals with solving the issues we are now having with respect to getting information from telcos and ISPs. That is the core of the bill.
The bill has three parts. I want to talk about the first part of the bill, the core of the bill, which deals with the new measures to help law enforcement deal with obtaining information and combatting crime in the digital age.
The first issue we need to confront is how law enforcement find out which telco or ISP has the needed information for them to then ask for a warrant to obtain more detailed information. The law that we now have, after the Supreme Court case of R. v. Spencer in 2014, means that telecommunications providers are generally only providing information once a court order is obtained. However, if law enforcement cannot figure out which telco has the phone number, the ISP address or the email that is tied to the potential violation or the feared violation of the Criminal Code, then they are stuck in limbo because they need to know who to go to, and have the reasonable grounds to go there, before they can get a court order.
In this bill, we created an amendment called the confirmation of service demand. It basically says that law enforcement can fill out this form and the service provider will have to answer if they are, for example, the provider of a specific number or email address. All that would be provided is a very rudimentary list of things to identify whether they have this information or not. That could be the address associated with the account, the email address, the telephone number, the amount of time the service has been going on and the type of service they provide. There would be no detailed information given without a court order, but this would resolve the issue from the R. v. Spencer case which made it inordinately complex, in my view, to get basic information from a telco.
[Translation]
When I was young, there was something called the White Pages and the Yellow Pages. We could find everyone's telephone numbers, addresses and names there. If the police was looking for a telephone number, they could find it in a phone book.
Those no longer exist now, with the advent of cellphones. Perhaps they still exist somewhere, but they are rarely used. I would not even know where to find one. I know that we can find information in the online 411 service.
If the information is in the public domain, it is not necessary to go to court to get an order to access it, because it is already available online.
[English]
We had another judgment of the court that made it confusing as to whether an Internet service provider or a telco could provide information that was available in the public domain without a court order or whether the police could use information that was in the public domain without a court order. There was also confusion as to what would happen if a good Samaritan, a company or anyone voluntarily offered law enforcement information that would touch, for example, what the billing address of a phone number was that was thought to be behind, for example, fraud.
We have all of these people who call us all the time in this country who are attempting to defraud us. I do not know how many times I have been called by Windows, not Microsoft, but Windows, with somebody telling me that my computer was broken, and I should give them my password for them to fix it. They are calling from a phone number and are attempting to defraud me. That same phone number has a senior scam where they call seniors and say it is their grandson or their granddaughter. They say they have been in an accident and need the grandparent to give them money, but no, no, no, they should not tell anyone else in the family.
I have heard from many people who have experienced this grandparents scam. They should be able, if somebody has that information, to give it to police. If the company, the telco, wilfully gives the information to police without a court order, the police should be allowed to use it. This bill clarifies that they can. It would also allow us to deal with information, such as phone numbers, email addresses and other information, that may be located abroad.
[Translation]
I would imagine that many different telephone numbers and email addresses are used to contact Canadians from abroad. We know that a lot of fraud happens in India, including many fraudulent calls directed at Canada. There are also attacks originating from Russia. Until now, it has been very difficult to obtain information from a foreign country under the law. The bill will give us that power and will enable other countries to request information from Canadian courts in a more equitable and fair way. If, for example, France is the victim of fraud committed by a number or person in Canada, then we should also help France obtain information. This is a very good start, in my opinion.
[English]
This bill would also clarify the issue of the police's right to use information in the event of an emergency. For example, if there is a terrorist attack, we certainly do not want police to have to get a court order to obtain the information they need to attempt to thwart a terrorist attack on Canada or a cybersecurity threat. These matters are all dealt with in the bill. One of the things I think we have pretty much unanimous agreement on, from all the recognized parties in the House, is that this should go to committee to be studied properly by a parliamentary committee.
[Translation]
I think everyone agrees that a committee should examine this bill, hear from witnesses and determine whether amendments are needed. It is very important to give our law enforcement and security agencies the tools they need.
[English]
I will wrap up, and I welcome any questions from colleagues.
:
Mr. Speaker, I will be splitting my time with the member for .
To the viewers at home, the Liberals are coming to regulate the Internet.
This is a very serious moment. The Liberals have introduced a piece of legislation that looks to police activity on the Internet and prosecute crime using the Internet. Obviously, this is going to give rise to a lot of questions about privacy, law and execution. I propose to have a professional discussion about how the Liberals are going to police the Internet while preserving basic charter rights, because we all agree that we must preserve charter rights.
Conservatives support giving law enforcement the tools they need to combat crime and keep communities safe, particularly as threats become more sophisticated in the digital age. At the same time, these powers must be accompanied by strong safeguards, clear limits and independent oversight to protect Canadians' rights and freedoms. Conservatives will always continue to stand for individual freedom, privacy and safety.
Let us begin by talking about some laws. The Liberals want to know if Jane Doe is a customer of Telus. They want law enforcement to have the right to call up an Internet service provider and simply ask if Jane Smith is its customer, without a warrant. I must say that I do not object to that. It is probably public information, and in the interest of security, providers could probably move their privacy policy in a direction where that would be allowable.
I see that my friend from agrees. I am happy.
I would like to put another proposition to him. Telus or Rogers knows that Jane Smith is a customer, and the police want to seize additional records on Jane Smith, some basic information such as IP address, location, etc. Now we are talking about personal information contained within the records of the company. Like my friend from says, they are going to go see a judge, hallelujah.
The problem is that, to obtain a warrant, typically a police officer would have to swear to a reasonable belief that criminal activity may have occurred. “Reasonable belief” is an important technical term because it commits the police officer to an affidavit, to a subjective belief that he must swear to. However, in this bill, the Liberals are proposing to lower that threshold to reasonable suspicion.
If a police officer says that they reasonably suspect a crime has occurred, then that would be enough to satisfy the conditions of the warrant and disclose Jane Smith's additional information. We will think about this at committee, and I will want to hear some testimony, but I am not sure that it is prudent to be lowering the threshold of search and seizure, so this is a very problematic provision.
Second, the Liberals are asking Internet service providers to co-operate with them in creating various systems that will help them prosecute crime and find offenders. I do not disagree that that is a noble and necessary goal. They are asking Internet service providers to create systems for the retention of data, back doors where the government would be able to enter encrypted communications and other means to help law enforcement. What is important is that those companies would not be asked by virtue of a court warrant, because a crime has been committed, to say that they now need to create a system.
It would be done by a ministerial order, signed off by the commissioner of intelligence pre-emptively. In other words, while we would not be alleging that any crime has been committed, the minister would now come to the private sector and say that they want it to create a system.
That is fine, but even if that were to happen, the problem is the definition of an electronic service provider, because this order may be very wide. According to the legislation, an electronic service provider “means a person that, individually or as part of a group, provides an electronic service, including for the purpose of enabling communications, and that...provides the service to persons in Canada [and] carries on...its business...in Canada.”
If it is Telus, Sprint and Rogers, I understand, but I say to my friend from Winnipeg and to my friend from , who just spoke to this, that I would like to understand very clearly whether this could this also apply to a law firm. Could it apply to an accounting firm? Could it apply to an educational institution? All these folks meet the definition of an electronic service provider as presently articulated by the legislation.
That is a concern on my part. I ask that we study it very carefully at committee. I am sure that even members on the other side of the aisle who lean to the left agree that we have to set some reasonable limits, that we cannot be coming to a law firm and saying that a minister, without a court order, would secretly order them to create a retention system and a back door to look at their clients, with no court order, no judge and no right of appeal. Please, let us be very careful with this.
That brings me to the final point on what is difficult about the bill, and that is the fact that the public safety minister would order the retention of metadata, of all the data, essentially, that goes through an electronic service provider's infrastructure, and they would be mandated to keep it for 365 days. That engages an interesting question about section 8, on arbitrary search and seizure, because the Internet service provider would be ordered by the minister, not by the court, to keep all our data for 365 days, without a warrant. A person may not have committed any offence, but the minister would want the Internet service provider to keep the data in the event that they have committed an offence. That is not how our legal system works.
People will say that it would not be the government seizing the data. That does not matter. If the government were to order another institution, in this case an Internet service provider, to seize it, that Internet service provider would become an agent of the government. The effect is the same, which is a breach of section 8 in that it would be an arbitrary seizure. We need to think about this very carefully. I think I have made a prima facie case that this would violate the charter.
It is important to distinguish this from Snowden. I want to talk about Snowden a little bit. He blew the lid off this in 2013 and said that the government was collecting all sorts of metadata. It was collecting all of it. In order to collect that metadata, one had to go to the FISA court. Even though there are some questions about the FISA court and its efficacy, there was still a court. According to the bill, there would be no court. We would just seize it all.
In fairness to my friends the Liberals, the government would not be able to see the information seized without a court order, without a warrant. The Internet service provider would hold on to all this stuff. If the government wants it, it would get a court order. Nonetheless, the seizure would still happen.
That brings me to my last point: security. It is very clear. According to The Globe and Mail, we are not prepared. We do not have the systems in place to order this sort of metadata catch-all and to create back doors. The article says, “experts are warning that the lawful access regime could allow hackers to exploit architecture inserted into electronic systems”. That is exactly what happened to the United States. The Salt Typhoon hackers out of China, who allegedly have been working for the Chinese state, exploited lawful intercept infrastructure that the U.S. telecoms were required by law to build. They were actually able to breach the White House. Their systems are considerably more advanced than Canadian systems.
We understand the need for lawful access, but we need to make sure we draw the appropriate lines and safeguard civil liberties. The government has a problem with civil liberties.
:
Mr. Speaker, Bill is like so many other bills that show good promise and strong potential to be shaped into good policy in committee. It is right here in second reading that the problems with Bill C-22 are initially identified, and that is what my colleagues on this side of the chamber have been doing: probing, asking questions and identifying weak spots that could be eliminated or good points that could be strengthened. If after this debate the House agrees, Bill C-22 would go to committee stage where it would be debate and have amendments introduced, and then the amendments would be voted on.
Committees are an exceptional tool in which all parties can take a mediocre bill and shape it into good policy, or they can take a good bill and make it even better. We conduct witness interviews, and we incorporate the concerns of everyone until we have a bill that works for all parties, and by extension, for all Canadians. Unfortunately, this is what the Liberals have recently taken to calling obstruction, but it is not. This is how our Canadian parliamentary democracy is supposed to work. I want to address this manufactured Liberal claim of obstruction, because with the compliant media out there, if I do not tell Canadians in the House, they are not going to find out.
Contrary to the narrative of obstruction the Liberals are trying to create, we Conservatives truly did hope that the would steal another of our platform promises and build the so-called energy corridor he promised. We believed him when he said he would make Canada an energy superpower. We hoped he would move quickly and decisively to get our clean Canadian energy to an energy-starved world. That is why we Conservatives voted for Bill early in the Prime Minister's tenure, and with it gave him more power than any previous prime minister has ever had to achieve those goals.
The has more jurisdictional power than Prime Minister John A. Macdonald had when he built thousands of miles of continental railway through some of the most inhospitable terrain imaginable. The Prime Minister has technologies that would leave Macdonald in shock. We can do in a day what it took a year to do in Macdonald's day.
The can look down in real time from 100 kilometres above and see right into the earth with lidar. He can view the route. He can model a pipeline. He can even watch it in real time as it is built from the comfort of his airplane seat. He could have a pipeline built in two years if he wanted to, yet a year after Bill , he does not even have a pipeline started. He does not have a plan to build one. He does not have a route, not even a gleam in a surveyor's eye. What would a rational person think about this?
The promised grand projects of great national importance. He promised a deal with the Americans by this time last year. He promised to move at speeds not seen in generations to unleash our Canadian economy. However, he has not landed in Canada long enough to move anything. Instead of an energy corridor, we have silence. Instead of housing, we have an enormously expensive bureaucracy and empty props that are taken down as soon as the photo op is over. Instead of a continental railway from coast to coast, we have a $90-billion boondoggle between two eastern cities that will likely never get built, and even that is mired in scandal and controversy before the land snatch even begins.
Unfortunately, our is usually absent from Ottawa, flitting about the world here and there in no particular direction, at enormous taxpayer expense and with a catering budget that would make Emperor Nero blush, all apparently to avoid hard questions in question period, since nothing much has been produced except an undergrad international relations term paper at Davos.
The reason I bring this up is that there is a problem, and I am troubled by it. If we send Bill to committee by voting for the legislation, how can we be confident the Liberals will respect the committee process and not try to do an end run around Canadians? Can we be sure that our efforts in committee will be respected by the Liberals? What is supposed to happen is all-party input, all-party witnesses, all-party debate and amendments put forward and voted on, and ultimately the result is a bill modified by the people of Canada through the process of representative democracy. That is what is supposed to happen. It is not what is actually happening, and I want to talk for a minute about what is happening.
I want to talk about a troubling tactic the Liberals are using to subvert that process. I am fearful that what happened to Bill C-11 is going to happen to Bill . I am a member of the national defence committee. We recently studied Bill , a bill whose central purpose is to transfer sexual assault cases from the military to the civilian justice system. I assumed, probably like most of us here, that after listening to the horror stories in the media, this would be a rubber stamp, and we would simply transfer the authority to the civilian system. However, all of us at committee were surprised.
We listened to the defence and the prosecution teams from the military argue that the studies the bill was responding to were a decade old and no longer applied to the current military culture. They argued that they had both the capability and the capacity to address the cases, and that the culture within the CAF had radically changed in those 10 years.
We listened to the civilian police, who told us that, although they had the capability, they no longer had the capacity to absorb yet more work, especially in locations with military bases close by.
Then we listened to victim after victim of sexual assault in the military. It was really the victims who surprised me and I think most of us at committee, the people I thought would have the strongest desire to move out of the military justice system. I thought perhaps one or two might say they would like to have a choice, but it turned out that just about every single witness we talked to wanted a choice between the military justice system and the civilian system.
After numerous victims spoke, it became obvious that the bill needed to be modified, so, with the support of the Bloc member on the committee, we co-operated to amend an outdated Liberal motion into one that every stakeholder, from victim to investigator, wanted. We gave the victims a choice. So far, so good. We took a bill that was okay and made it into a good bill. Late this Friday afternoon, the , in defiance of civilian and military lawyers, civilian and military police, and even the victims themselves, came into the House and tabled Bill at report stage.
He is trying to strip our amendments from the bill. Why are the Liberals doing this? We had a decent bill that we turned into a much better bill. There seems to be no explanation for it at all. Why would the Liberals defy both the military and civilian justice systems and the victims?
There is a reason. The has not, will not and cannot fulfill his campaign promises. The cracks in our economy have become chasms, and he needs an election before Canadians feel the full brunt of his purposeful inaction. He knows Canadians are going to start to notice the growing divide between these grandiose announcements and the cold, grey reality of their pocketbooks, so he needs a majority government, and fast. He trolled the opposition benches and, yes, sure enough, an artificial majority did manage to slither across the aisle, but the Prime Minister is afraid that his majority will unravel, since he now has both far right and far left members in his caucus. He has called this a big tent, but it has become more like a circus tent, so he needs an election.
However, the does not want to be blamed for calling an election, so the Liberals are banging on about obstruction to make it look like the normal processes of Parliament are somehow wrong. If he employs tactics like this now that he has a majority government, he knows it is to create the kinds of division within Parliament that he can point to and claim are obstruction. Bill may have the potential to be a good bill, if it makes it past second reading and goes to committee. My fear is that it will meet the fate of Bill , be subjected to the scrutiny of experts, be modified into a much clearer, better bill, and then have all the positive changes stripped out once it hits report stage. This is obstruction, to be sure, but not by Conservatives.
Conservatives are doing what we are supposed to be doing for the benefit of Canadians. The and the Liberal Party, on the other hand, are acting on behalf of the Liberal Party. They are attempting to fabricate another election that no one wants by trying to make it look like it is not their fault. This is not order and good government, but devious arrogance by the Liberals. Canadians had better brace themselves.
:
Mr. Speaker, it is always great to get up in the House and represent the fine people of Ponoka—Didsbury. I consider myself fairly right-wing, but my colleague from is making me look like a moderate in the House today. I unfortunately do not have time to go back and alter my speech in order to keep pace with my new-found best friend. We are going to be spending a lot more time together, based on my assessment of what he had to say about the government across the way.
It is important to speak to this piece of legislation, Bill , the lawful access act. It is a bit weird to stand here, because it feels like we were just talking about this last fall. This is the second kick at the cat for this piece of legislation for the government. The Liberals tried to have a similar set of laws passed in a sweeping omnibus bill, Bill , but that bill did not pass, and now it seems it is being reintroduced by the government. We know that it is coming on the heels of what was a minority Parliament and is going to turn into a majority Parliament here soon. One always has to keep that in mind. If this bill is crafted the same way that the majority government here was crafted, there is no reason at all to think that this is not a sneaky piece of legislation.
The Liberals laud their talking points and their PMO comms lines that this bill would help keep Canadians safe and get crime under control. The only reason crime is not under control is that we have had 11 years of Liberals across the way. If Bill were really about law and order, limiting crime or protecting victims, Conservatives would be wholly in support of this piece of legislation, but it is actually not about any of that. It is about power, it is about control, and it has a very deeply Orwellian feel to it.
Conservatives in this country have always believed in law and order. A vital and fundamental pillar of what it means to be a Conservative is to believe in and respect the rule of law in this country. We used to actually have governments that followed the laws as well. It would be nice if we got back to that at some point in time.
The governing Liberals have had many opportunities over the last 11 years to show us that they also want to see a reduction in crime, but every chance that we put in front of this Parliament, they seem to vote against. The Liberals have an ardent history of refusing bail reform and embracing catch-and-release style legislation. Now, after a decade, they expect the opposition members to believe that they are actually serious about cracking down on crime. Well, I am not buying it.
Last week, we debated Bill C-25, which would amend the Canada Elections Act. One of the objectives of that bill is to prevent foreign interference. During debate of that bill, I used the example of the 700 Islamic Revolutionary Guard Corps members who are freely living in Canada today. The government will not deport them and will not put them in jail. They are here fundraising, conducting business and harming our country every single day. The Liberals cannot say that they are serious about dealing with foreign interference if they do not deport the terrorists and criminals living in our country. They cannot say they are serious about crime and protecting Canadians without deporting these same terrorists or criminals from the country as well. They cannot have it both ways. That is because the Liberals are not serious about crime.
The Liberals are serious, however, about seizing control and having more power for themselves and their government. We know that much for sure. On Friday, my colleague from referred to Bill as “Bill redo”, and he is exactly right.
Last fall, the Liberals put forward Bill , the strong borders act, which fell short of protecting Canadians while overreaching in many areas of jurisdiction where it did not need to, like authorizing law enforcement to open up people's mail and inspect it without any due process at all. There was severe push-back on this, not only from the opposition but from hundreds of advocacy groups, who stood firmly against this legislation because of the risks it would pose to the civil liberties of the Canadian public. The Conservatives successfully blocked Bill C-2, stopping the Liberals from limiting the use of cash in transactions, opening the mail without any oversight whatsoever, and demanding that any service providers, including hospitals, financial institutions and probably even one's local dry cleaning store, disclose user data without any judicial oversight.
Bill removed some of these proposed provisions that we opposed, but reintroduced some of the proposed parts of Bill that were rejected when the Liberals held their rightful minority government. They have since reintroduced this bill, now that they know they are going to have the majority of votes in this place. It seems like an awfully convenient opportunity, does it not?
We Conservatives support giving law enforcement officers the tools they need to combat crime and keep communities safe, particularly as threats and dangers evolve in the digital age, but we also believe that there need to be strong safeguards accompanying these powers.
There also need to be clear limits and independent oversight to protect the rights and freedoms of the people here in Canada. Bill was a failed piece of legislation that the opposition could not and did not support because not only did it fail to adequately address the criminal element in our society, but it infringed on the freedoms and the rights of Canadians in an unjustifiable way.
Now the Liberals seek to reintroduce many of the rejected measures of Bill in this bill today. They rebranded their failed legislation as Bill and have brought it back to this very House with their illegitimately obtained, like I said, soon-to-be majority here in the House. This should alarm Canadians, especially the 11-plus million Canadian voters who did not actually vote for a Liberal candidate in the last election.
Our caucus has been very clear in where we stand on the Liberals' obsession with big, bloated and powerful government: It is unnecessary and is a gross misuse of power.
Bill focuses specifically on telecommunications and Internet service providers while creating oversight for ministerial orders. The Liberals have already banned news from being reported on Meta. Why do they need access to Canadians' information through the Internet and telecommunications providers? Will the personal information of Canadians be shared with the government through this bill, like it would have been under Bill ? The government will not tell us. Can any member sitting on the government benches today give me an answer to that? If they could, they probably would not. If they did have an answer, chances are it would be wrong.
Keeping Canadians safe is just a mere disguise for the folks across the way. The Liberals have had over a decade to keep Canadians safe, and they have continuously let crime get worse. The Liberals say that Bill is needed to keep up with the rapid growth of our world's digital environment and to help keep Canadians safe, but it makes me wonder if this is actually true. I would say that in some cases it is not. Why is this? It is because the Liberals have voted down every piece of crime-reducing legislation the Conservatives have brought to the House since this Parliament commenced last May.
The Liberals have repeatedly ignored the calls of every single premier in Canada who asked for bail reform. They refused to appoint judges, so violent criminals are having their cases dismissed and timed out. This is not about crime reduction for the Liberals across the way. This is all about having an excuse and a reason to seize power and control.
Even CBC pundit Andrew Coyne, known for his staunch Conservative support, and I am kidding of course, said last week that the has an “autocratic streak a mile wide,” and he is showing that now. Coyne said that during a minority Parliament. How bad will it actually get in a majority parliament? It is all about control, about central control by the central banker.
Bill was about control by letting law enforcement open our mail. Bill would control what religious people are allowed to say out loud or how texts are supposed to be read. Bill would control the privacy rights of Canadians through increased government surveillance and access to information.
We know this because the Liberals have a track record of these power grabs, such as changes they proposed to make to the Standing Orders in 2016. I do not know if there are a lot of people here today who remember that, but I remember it. They were going to basically take control of this place. They did not want an opposition; they wanted an audience.
There was the former prime minister's interference in the SNC-Lavalin scandal in 2019 and subsequent firing of the first indigenous female justice minister in Canadian history. As well, we see the consistent cutting, through time allocation, of debates on important pieces of legislation. There were gag orders on government watchdogs, as well as the unnecessary invocation of the Emergencies Act in 2022, which saw the Liberals freeze the bank accounts of hundreds of Canadians.
There was the expansion of cabinet authority provided in Bill . Bill gives ministers of the Crown permission to exempt individuals and organizations of their choosing from any federal law they want, including the Criminal Code. Now there is online surveillance and access to Canadians' information.
Every time the Liberals are tasked with solving a problem, they always choose to assert total control and dominance over the situation. They grab power for power's sake. They control people's taxes, finances, what they say, the religious texts they read aloud, the firearms they are allowed to hunt with, the things they need to believe to qualify for Canada's summer jobs money and the salmon they allowed to fish for on the west coast.
It is all about control. It is always overkill. It is always too much. It is always over the top. It never solves the problem. Then again, one cannot be the problem and the solution at the same time. Bill is of course no different.
The Conservatives have put forward so many pieces of legislation to crack down on crime and protect Canadians, but the Liberals continue to vote us down in favour of their soft-on-crime policies that repeatedly let violent offenders out on bail time and time again.
The government does not need to infringe on the rights of Canadians to solve the problem of surging crime. That problem is solved and Canadians are protected by putting violent offenders in jail, strengthening bail laws and deporting non-citizens who are guilty of committing violent crimes here in Canada. I do not see any of that in this legislation. It is because the Liberals are not serious about fixing the problem. They are only serious about garnering more control for themselves and their friends, and taking Canadians' tax dollars and putting it on their—
:
Mr. Speaker, I would like to begin my speech by thanking OpenMedia, the Canadian Constitution Foundation and privacy lawyer David Fraser for their excellent work on Bill . The analysis I am about to offer closely mirrors their own, and if the Liberal government members would simply listen seriously to these civil liberties groups, they would not have to hear from me on this bill, but they have not, so here we are.
At around age 13, I was horrified to read the following excerpt from chapter 1 of George Orwell's 1984:
The telescreen received and transmitted simultaneously. Any sound that Winston made...would be picked up by it, moreover, so long as he remained within the field of vision...he could be seen as well as heard. There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system, the Thought Police plugged in...was guesswork.
That gave me a chill down the spine 27 years ago. Could people really live with the government listening to their every utterance, watching their every move? How could the human spirit ever flourish in the utter absence of basic privacy? Even at a much younger age, I knew it was basically wrong for my sister to go through the things in my room or for me to read her diary, not because any authority figure ever told me it was wrong, but because I knew it in my soul. One cannot develop one's thoughts, one's feelings, one's self under prying eyes. That was just respect to my friends and family. What if a power as great as the government or the police violated our privacy? I knew that my mother and her family had escaped a Communist regime in the 1960s, but back then, telescreens were science fiction. Could my family have managed to plan their escape if a telescreen had been in their home?
I knew vaguely that there had been revolutions in East Germany and throughout the U.S.S.R., but even in 1989, when those revolutions started, the telescreen idea remained in the realm of science fiction. Fast-forward to today, I am more horrified today. We now have the technological capability to make telescreens. I have a phone in my pocket and an Apple Watch on my wrist. I am most horrified because, with the legislation before us, the Liberal government is attempting to make possible the 1984 telescreen out of every cell phone, AirPod, Apple Watch, smart TV and automobile, anything that is connected to the Internet. To quote the excerpt from 1984 again, “There was of course no way of knowing whether you were being watched at any given moment.”
I know the members opposite will consider my views outlandish, but they are not. Let me please take them through their own law to show them how they are doing the exact thing they swore they would never do.
Proposed subsection 5(2) says:
The Governor in Council [which means the government] may make regulations respecting the obligations of core providers, including regulations respecting
(a) the development, implementation, assessment, testing and maintenance of operational and technical capabilities, including capabilities related to extracting and organizing information that is authorized to be accessed
In plain English, this means a back door. Right now, it is my understanding that my watch listens to everything I say. If I say, “Hey, Siri”, it sends whatever speech follows to the cloud for processing. If I do not say, “Hey, Siri”, nothing goes to the cloud. Proposed paragraph 5(2)(a) allows the minister to require that Apple build in the ability for authorities to listen to my Apple Watch whether I say, “Hey, Siri” or not. The same would go for my phone and my AirPods. Yes, they would need a warrant to actually listen in, but this bill takes the huge first step of building the surveillance architecture in the first place. Once it is built, it will be ripe for abuse either by the government or by hackers. Once it is built, it will not be unbuilt. We are at the stage where the government builds all the telescreens and puts them in our home, but promises to only use them if we have been bad.
What is worse is this bill, as pertains to electronic service providers under proposed section 7, such as Apple, Signal, Telegram or Tinder, may be forced to keep that back door secret. Proposed section 15 says:
An electronic service provider and any person acting on its behalf must not disclose any of the following information
(c) the fact that the electronic service provider is subject to the order;
In plain English, this section sets out the fact that the government has ordered construction of a back door to be kept secret. Once this bill passes, our cell phone manufacturer, our messaging service, our dating app may receive a secret order to build a back door into the service for the government to check in on us, and we might never be alerted. Our excerpt from the 1984 says, “How often, or on what system, the Thought Police plugged in...was guesswork.” Why? Why, if everything here was above board, would the bill include the ability for the public safety minister to build secret back doors? I do not happen to be one of them, but some Canadians might say it is okay to read their Tinder messages, that they do not care, but to at least tell them if the government is going to do that. This bill specifically allows a minister to do it secretly. Why?
Just on these points alone, the construction of a backdoor surveillance architecture and that they intend to keep some parts of this architecture secret, the Liberals should hang their heads in shame. Liberals are supposed to fight against this sort of excessive government reach. They are not supposed to be its source, and it only gets worse.
As set forth in proposed paragraph 5(2)(d), in addition to demanding that secret back doors be constructed, the government's ministers can order all electronic service providers to collect and store all metadata for a year. Metadata means many things, but the most important thing to me is location. This bill goes even further than the telescreens in 1984. It would turn every Internet-connected device into not just a listening device, but a tracking device as well, and it would cause that location data to be admissible in a court of law.
Let me just give a couple of examples for why I find this concerning. We just had a pandemic, in which some governments went way too far restricting human rights in unscientific ways. Do people remember the red zones and the green zones or the six-person bubbles? It may surprise the House to learn that I never broke a single COVID rule, even though I was a strong critic of their unscientific basis, but I know that a lot of people did. I know that some people sitting on the government side of the House did. It is a matter of public record that Justin Trudeau broke COVID rules and broke the Reopening Ontario Act by attending a Black Lives Matter protest here in Ottawa.
If Bill passes, when there is another pandemic with some silly rules, any police officer could say they suspect that the member for broke pandemic rules, get a warrant and see his location for every moment of the last 365 days. If he ever stepped into a red zone or ever broke quarantine, it would be game over. This capability would not be merely for COVID laws. It would be for every law. Chrystia Freeland was once found guilty of going 30 kilometres an hour over the limit on the highway to see her dad. Once she was convicted of that, a police officer could check to see her speed for every moment of the 365 days preceding.
Do not ask for whom the bell tolls; it tolls for thee. As the head of Joseph Stalin's secret service said, “Show me the man and I'll show you the crime.” If everyone here is surveilled 24 hours a day, 365 days a year, every one of us will be liable to be found guilty of something. If the government of the day passes this bill in its present form, I fear that the Liberals may live to see the day when its provisions are used against them. I swear it will not be me doing it, but who knows who will be prime minister in 2046. I fear her last name may be Trudeau-Perry.
The Liberals will rue the day they torched all our collective privacy rights. I urge them to correct course. We can catch bad guys without violating the privacy rights of every single Canadian.
:
Mr. Speaker, how can we ensure that law enforcement and CSIS have the resources they need to access digital data and effectively combat organized crime and threats to national security without descending into an era of widespread, intrusive and excessive surveillance?
That is the question that we are facing today in this debate on Bill . How can we modernize our law enforcement without infringing on people's right to privacy?
Bill C‑22 seeks to strike a balance. I understand that we will likely be able to find out in committee if this balance was struck.
We in the Bloc Québécois have a number of questions about what is being proposed, although we support the goal of properly equipping our law enforcement agencies. We have questions about a number of aspects.
The first question concerns the proposed new orders. The government wants to simplify the work of law enforcement when it comes to conducting investigations. How? It is creating a new order. The order will allow law enforcement to simply ask an Internet or electronic service provider whether or not a person is a subscriber.
All that a police officer needs to make this request is a suspicion, and a suspicion is not much at all. A suspicion is the lowest bar there is in Canadian criminal law. Police officers are often asked to have “reasonable grounds to believe” that a crime has been committed. This remains the current state of the law today.
Why are police officers required to have reasonable grounds to believe that a crime has been committed? It is to prevent fishing expeditions and to ensure that police officers have a minimum amount of evidence before obtaining people's personal data.
The other order provided for in Bill C-22 concerns the production of subscriber information. Once again, the burden of proof that law enforcement agencies would be required to meet is low. If they have a phone number, for example, or an IP address, they only need to have a suspicion that a crime has been committed or is about to be committed. That is a very low threshold, and it does not take much. They will be able to go before a court to obtain an order for the production of information. They will be able to obtain the name and address of the person to whom the IP address belongs and track them down. Is it possible to strike a balance with such a measure when the burden of proof is lowered? We will have to ask this question and listen to privacy experts, because a police officer might be strongly tempted to quickly file a request for the production of documents, given that it will now be much easier to do so.
Another point that is quite concerning and that will raise questions is that, under Bill , the Minister of Public Safety will first have to determine which service providers would be required to develop technical capabilities.
We need to understand where we are going with this. Right now, some telephone or social media service providers do not really keep the data they have because they are not interested in it, since they are only in business for commercial purposes. They might keep some data for the purpose of commercial profiling, but they might not keep it for a very long time or in an orderly fashion, since they have no commercial interest in doing so.
Essentially, however, what the government is proposing with Bill C‑22 is to require service providers to have the technical capability to retain metadata for one year, including the geolocation data of its subscribers. They will also be required to ensure that they can provide this information within a relatively short period of time, on the grounds that law enforcement may need it in order to know where a specific person was on a specific date.
Of course, we understand how incredibly efficient this will be for law enforcement, because as soon as they have reason to suspect that a crime has been committed, they will be able to retrieve location data to determine where a person was on a specific date.
It will help, but it raises some very legitimate concerns, because, as my colleague mentioned, a database will be created containing millions and millions of location data points for each individual. Each one of us has a phone, which means that with data from the past year, it would be possible to determine where we were at any given time.
This is meant to target criminals, of course, but 99.9% of people in Canada are not criminals and their data are going to be captured somewhere. Any time that a large amount of data like that exists somewhere, it can attract organized crime. We know about hackers, but countless other situations come to mind if we think of all the metadata to be stored. I understand that people would be concerned about this. Questions must be asked, because these data banks will not be created by the government, but by businesses. They will be required to conserve these data, but what kind of data protection will be required? There are examples. A few years back, fraud was committed at Desjardins. Sometimes the mechanisms are good, but insiders have bad intentions. A year's worth of geolocation metadata is practically a treasure trove for hackers. The mind reels just thinking about it.
Another concern we have is about the National Security and Intelligence Review Agency. Normally, one would expect this agency to be given more financial and legal authority, as well as material resources, to do its job and to reassure us, at least a little, about this new surveillance system that is being put in place. One of our concerns is that, when interventions are made, the agency will not be notified until 12 months later. There are other countries, such as Australia, where the agency is notified in real time. However, 12 months is already quite far removed from the abuse of authority, if any abuse occurred, so we have a concern on that front.
Next, we have concerns regarding funding. The government has announced across-the-board cuts that will affect this agency in particular. These cuts amount to 15%. If law enforcement agencies are being granted expanded powers and significant amounts of personal data will be stored with service providers, we would at least like to be assured that the agency will have the resources it needs to take action.
I also have questions about the regulatory powers that are being granted. Since April, the government has adopted the unfortunate habit of frequently proposing to proceed by regulatory means, so there are concerns. How will the government determine what exactly constitutes a service provider? Some banks are concerned. Will they be included in that definition? If they provide banking services, will they have to retain that data as well? The minister's power to act through regulatory means and ministerial orders raises some concerns for us, as does this bill's alignment with Quebec's new Bill 25, which seeks to protect personal information and which forced businesses and organizations in Quebec to adapt to protect data. Is the federal government going to add another layer of protection? That will need to be done properly. We need to be careful about this so as not to duplicate legislative protections.