e-6627 (Public safety)

The proposed Strong Borders Act (Bill C-2), together with Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, reinforces the Government’s commitment to ensuring that border and law enforcement agencies have the right tools to keep our borders secure, combat transnational organized crime, stop the flow of illegal fentanyl, crack down on money laundering, bolster our response to increasingly sophisticated criminal networks, and enhance the integrity and fairness of our immigration system.

Changes to the immigration and refugee system pertain to Parts 6, 7, 8 and 9 of Bill C-2, which are also included in Bill C-12 under parts 5, 6, 7 and 8.

Part 6 of Bill C-2 corresponds to Part 5 of Bill C-12. This Part closes gaps in the immigration legal framework and allows for more efficient and systematic information sharing within the Government of Canada and with provincial and territorial government partners, thereby bolstering cooperation on immigration and border security, while improving the transparency, accountability, consistency, and protection of personal information of Immigration, Refugees and Citizenship Canada clients. The proposed amendments establish clear and express legal authorities for information sharing in various scenarios while ensuring that written agreements or arrangements define the specific purposes and processes. This ensures accountability, consistency, and protection of personal information while enabling more efficient and systematic collaboration.

Part 7 of Bill C-2 corresponds to Part 6 of Bill C-12. This Part creates efficiencies in the Canadian asylum process, which will reduce delays, while maintaining the integrity and fairness of the system. These powers help remove inactive claims from the system, allowing the officials to focus resources on those who truly need protection and are actively pursuing their claims. The goal is not to reject more claims, but to allow claims to be processed more efficiently while ensuring that the system remains fair.

Part 8 of Bill C-2 corresponds to Part 7 of Bill C-12. This Part is designed to give the Federal Government greater flexibility and authority to manage immigration applications and documents in order to respond quickly to emerging threats such as public health emergencies, national security concerns and foreign policy issues while ensuring that actions are regulated and reviewable. These authorities address gaps identified with the existing immigration authorities, following lessons learned from the COVID-19 pandemic, and other large-scale emergencies. Today, Canada is not effectively equipped to respond to certain urgent or unforeseen events that threaten the security of our border and the management of migration into our country.

These authorities are not designed to block access to the asylum system for individuals in need of protection, they are designed to allow the Government of Canada to take action on immigration documents and applications for those documents. Claims for refugee protection in Canada are out of scope. These authorities are designed to protect the public interests, including the safety and security of Canadians and the integrity of Canada’s immigration system. The Governor in Council, informed by advice by the Government of Canada, would determine which situations require action based on public interest grounds. This ensures a strong level of oversight and rigor commensurate with their impact.

Part 4 removes barriers that prevent police from searching and seizing mail for evidence of criminal activity where authorized to do so in accordance with federal law. This would also enable Canada Post to open letter mail, which may be used to transport non-mailable matter, such as illegal and dangerous drugs, including Fentanyl, which can easily be transported in letter-sized mail. These amendments would not grant unrestricted access to personal mail. They would require that any seizure, detention, or opening of mail be done strictly under the authority of Canadian law, with full respect for privacy rights and judicial oversight where required.

Part 14 modernizes Canada’s legal tools for gathering digital evidence during investigations by clarifying and expanding how law enforcement and intelligence agencies can access, request, and use data, both domestically and internationally, while ensuring timely and lawful procedures. Prior judicial authorization would continue to be required to access personal data, except in clearly defined emergency situations, including where lives or public safety are at risk and where a warrant could have been obtained if time permitted (e.g., live streaming of a child being sexually abused).

Part 15 creates a legal framework that ensures electronic service providers can support lawfully authorized access to information by police or intelligence agencies under the Criminal Code or the Canadian Security Intelligence Service (CSIS) Act. It only ensures that service providers can comply with existing legal authorities, such as court orders under the Criminal Code or CSIS Act. Access must still follow due legal process.