June 7, 2025 A new Canadian border security bill includes sweeping surveillance powers that have little to do with customs or immigration, according to leading legal expert Michael Geist. The University of Ottawa law professor says Bill C-70 could give government agencies expanded access to Canadians’ private communications — under significantly weaker legal thresholds.

Framed as a border protection measure, the bill proposes provisions that would allow law enforcement to compel telecom providers to retain and disclose data — including internet and phone records — without the level of judicial scrutiny previously required. Geist describes it as a lawful access bill in disguise, warning that it revives elements of previous surveillance legislation that were rejected by Parliament and the public.

He argues that a high degree of scrutiny is required because the legalities are subtle and may slip by those without legal training. For example, a key change flagged by Geist is the replacement of the phrase “reasonable grounds to believe” with “suspects.” This, he notes, dramatically lowers the legal bar for intrusions on privacy. Prior bills, such as Bill C-13 in 2013, included the higher “reasonable grounds to believe” standard.

Moreover, Geist notes that the new legislation includes provisions that may allow warrants to be bypassed entirely, further weakening privacy protections. If those concerns weren’t enough, he points out that there are no limits on the types of offences covered, giving the provisions an even broader scope.

The concern comes as the government faces pressure to expedite border modernization as part of broader economic and trade negotiations. But Geist argues that tying urgent economic measures to long-term surveillance powers is a dangerous move. These kinds of powers demand careful thought, not a rushed rubber stamp. “If there is a case for lawful access,” Geist says, “it should be debated on its own merits, in its own bill, and with its own study.”

While the bill has yet to receive full debate in Parliament, privacy advocates say the hidden nature of the provisions — and the potential for lasting impact on civil liberties — merits immediate scrutiny.

For those looking for a detailed analysis, Geist has posted an in-depth summary on his blog. While accessible to non-specialists, he says more analysis will follow in subsequent posts.

Source:
Michael Geist, “Privacy at Risk: Government Buries Lawful Access Provisions in New Border Bill,” michaelgeist.ca, June 3, 2025