Well, no, this is a recently inserted block of text in the bill (confirm at the link above):
Exception
(2. 7)(b) However, a copy of the warrant is not required to be given
to a person under subsection (2. 6) if the judge or justice who issues
the warrant sets aside the requirement in respect of the person, on
being satisfied that doing so is justified in the circumstances.
That's a pretty big, subjective loophole to bypass civil liberties IMO.Do these warrants have a fixed maximum duration of secrecy?
(Finding out what ISP a user belongs to, isn't really that private. If you look at the US comparatively, Homeland has a list of every single credit card transaction ever. The US doesn't need to ask an ISP if someone is a customer. What this does is simply confirm, and then the judge can create a warrant specific for that ISP.)
Such as compelling the ISP, or what not, to take action. The ISP is not the subject here. And obviously hiding the warrant from the ISP makes zero sense, as they're going to know who the person is anyhow.
This is stuff that goes back to phone taps. Nothing new here.
Like are you envisioning a "I totally have a warrant but I don't have to give it to you" type situation? I think it's fairly unlikely, and you would likely be able to get the search ruled inadmissible if a cop tried it.
The public must have the ability to easily verify police conduct is appropriate, and it must match the cadence of the police work.
There may well be reasonable scenarios a majority of people would agree that providing a warrant isn't feasible, but that needs to be codified in law in more detail than whenever the judge deems it so.
And everyone should be skeptical enough of government power that they mentally switch out "can" with "will".
| many of these rules appear geared toward global information sharing
I see a lot of people arguing that these bounds are reasonable so I want to make an argument from a different perspective: Investigative work *should* be difficult.
There is a strong imbalance of power between the government and the people. My little understanding of Canadian Law suggests that Canada, like the US, was influenced by Blackstone[0]. You may have heard his ratio (or the many variations of it) | It is better that ten guilty persons escape than that one innocent suffer.
What Blackstone was arguing was about the legal variant of "failure modes" in engineering. Or you can view it as the impact of Type I (False Positive) and Type II (False Negative) errors. Most of us here are programmers so this should be natural thinking: when your program fails how do you want it to fail? Or think of it like with a locked door. Do you want the lock to fail open or closed? In a bank you probably want your safe to fail closed: the safe requires breaking into to access again. But in a public building you probably want it to fail open (so people can escape from a fire or some other emergency that is likely the reason for failure).This frame of thinking is critical with laws too! When the law fails how do you want it to fail? So you need to think about that when evaluating this (or any other) law. When it is abused, how does it fail? Are you okay with that failure mode? How easy is it to be abused? Even if you believe your current government is unlikely to abuse it do you believe a future government might? (If you don't believe a future government might... look south...)
A lot of us strongly push against these types of measures not because we have anything to hide nor because we are on the side of the criminals. We generally have this philosophy because it is needed to keep a government in check. It doesn't matter if everyone involved has good intentions. We're programmers, this should be natural too! It doesn't matter if we have good intentions when designing a login page, you still have to think adversarially and about failure modes because good intentions are not enough to defend against those who wish to exploit it. Even if the number of exploiters is small the damage is usually large, right?
This framework of thinking is just as beneficial when thinking about laws as it is in the design of your programs. You can be in favor of the intent (spirit of the law), but you do have to question if the letter of the law is sufficient.
I wanted to explain this because I think it'll help facilitate these types of discussions. I think they often break down because people are interpreting from very different mental frameworks. Disagree with me if you want, but I hope making the mental framework explicit can at least improve your arguments :)
I had this view as well until I realized it’s predicated on living in a high trust society. At some point you reach a critical mass of crime that is so rampant, and the rule of law has so broken down that it’s basically Mad Max out there, and then these idealistic philosophies start to fall apart.
You can look to parts of SE Asia or the Middle East to see some examples where that happened, and where it was eventually reigned in with extreme measures (Usually broad and indiscriminate capital punishment).
I know your comment is about fixing failure modes in the legal system, and I’m not defending government surveillance, or the idea of considering someone innocent until proven guilty, but what happens when the entire system fails due to misplaced idealism? Much worse things are waiting on the other end of the spectrum when people don’t feel like the government is adequately protecting them.
If I'm over that when passing a speed camera in Victoria, AUS, I'll be pinged with a decent fine to arrive shortly.
Imagine if instead of a chime I got fined every single time, everywhere? All this new monitoring makes it a bit like that, at an extreme. I don't want to live in such a society.
The ISP can see the warrant. The judge creates a warrant. The court sees the warrant.
Look at the recent report on CRA service inquiries and their accuracy. An amazing 17%. It's not hard work that got us there.
edit: Just one of many examples. People rarely even hold doors anymore, we're a far way from our prime.
The thing about laws is they can be made, and changed.
Clearly some criminal investigations require not notifying the suspect.
Countries AND the government exist for and at the pleasure of their respective citizens.
Applies in the text you quoted, unlike true warrantless surveillance NSA-style?
You still have to get the warrant past a judge, and convince the judge of the higher bar for keeping the warrant secret.
I presume the distinction here could be between a search warrant, which you have to show the subject before entering their house, and a surveillance/wiretap warrant which you for obvious reason's don't.
(Meanwhile, FIVE EYES carries on as usual.)
You can tell where things will land with this generally it's not bad.
If it were Texas or the South where the justice dept. leans a different way it could be a problem.
Canada is a bit like Europe where they have statist mentality, kind of hints of lawful, bureaucratic authoritarianism - not arbitrary or political or regime driven, but kind of an inherent orientation towards 'rules' etc. where the system can tilt wayward, but that's completely different than regime, or 'deep institutional' issues and state actors that do wild things.
That is to say, though the "vibe" may be as you say, the law now permits, if not now, at some future instance people with different perspectives or vibes can use the law as written, to other ends.
In short, yeah it may not be Texas now, but a "Texas-like" vibe could germinate and use the laws in the books later.
If the last decade and a half has taught us anything, it's that you can't rely on the state and arms of the state to remain consistent permanently.
In the absence of a free media, as in the US where it's controlled by a handful of billionaires, the people can be manipulated to vote in a government that will run roughshod over precedent and norms.
Bill C-22 (Canada, 2026) updates laws to give police and security agencies faster and clearer access to digital data during investigations. It expands authorities to obtain subscriber information, transmission data, and tracking data from telecom and online service providers and from foreign companies. The bill also creates a framework requiring electronic service providers to support access requests.
https://en.wikipedia.org/wiki/Communications_Assistance_for_...
The push by the government here is because Canada is the only one of the Five-Eyes countries that doesn't have these powers, and for the government that's a bad thing.
Less than you would hope: https://web.archive.org/web/20140718122350/https://www.popeh...
Notably, a single secret warrant authorized the surveillance of everyone on the Verizon network:
That warrant orders Verizon Business Network Services to provide a daily feed to the NSA containing "telephony metadata" – comprehensive call detail records, including location data – about all calls in its system, including those that occur "wholly within the United States, including local telephone calls" - https://en.wikipedia.org/wiki/United_States_Foreign_Intellig...
I know those are about the US and this law is Canada, but the same things can happen.
I wish some of our leaders would be more forthcoming about the amount of foreign pressure their governments are under. We talk about the negative influence on social media and politics of countries we are not allied with often but there is an astonishing silence when it comes to the biggest player. There is a very real threat to local values and democracy.
We don’t have to imagine what this data will be used for. If someone goes through an airport and privately spoke to a Trump critic, CBP will use that to extort or disappear them.
The goal of this bill is to let the US censor private communication overseas.
- Call your MP (find yours at ourcommons.ca). - Back organisations that fight back (OpenMedia and CCLA have killed surveillance bills in the past - Submit written opposition.
The Cannabis Act angle is interesting.. extends full computer search-and-seizure powers to cannabis enforcement.
People don't seem to understand how incredibly oppressive society is becoming
EDIT: I guess I could add examples of what "other crimes" could be. Fraud, corruption, sexual abuse, all victimless crimes, hitmen?
If you are Europe, and you have democratic elections, you have an informational power asymmetry towards the states that have mass surveillance and control. You are (as we saw last year with the Romanian election that was swung to 60% in 2 weeks over TikTok) susceptible towards influence of other superpowers. Even if you want to keep democratic elections, you need to somehow make sure that the citizens are voting in their interest. If the citizens at the same time are victims of the attention economy, their interest will be whatever foreign superpowers want it do be.
One well-tried solution is to engage and educate the population. However, this takes years, not weeks as the campaigns take, and takes immense resources as people will default to convenient attention economy tools.
Other option is to ban platforms/create country-wide firewalls. It's a lot harder in democratic societies, you ban one app and a new one takes it's place. Cat is kind of out of the bag on this one.
Last and easiest option is mass surveillance. Figure out who is getting influenced by what, and start policing on what opinions those people are allowed to have and what measures to take to them. Its a massive slippery slope, but I can clearly see that it's the easiest and most cost-effective way to solve this information-assymetry
Even the vague outline you've provided has issues. You can't prevent someone from having an opinion. You can't figure out who is "influenced" vs merely "exposed" (and visible intrusion shifts people towards the former).
You should actually consider the downsides and failure modes of implemented mass surveillance, not "it prevents malicious foreign influence better than my other proposals", because it may be worse than said influence (which does not necessarily translate into control; keep in mind that Georgescu only won the primary and would've lost the runoff had it not been annulled). The world under free information is the devil you know.
I always hold that the problem with mass censorship and state overreach is, they are too powerful and people are too selfish and stupid. There's no good solution, but my prediction is that any drastic attempt to prevent foreign interference will backfire and fail at that (liberal leaders can't use authoritarian tools as effectively as authoritarians). Even Democracy, "the worst form of government except for all others that have been tried", is a better countermeasure; all you need, to prevent anti-democratic foreign capture and ultimate failure, is to preserve it.
So you surveil your citizens and precog their opinions... to do what? Make them have state-sponsored opinions? Don't we already have that without the surveillance?
It's trivial to predict how a human will behave without any surveillance at all. Facebook abandoned their Beacon system not because of the backlash, but because they realized all they really needed to predict user behavior was the user's credit card statements, which they could easily buy.
At some point the constitution is the backstop, and unless we amend it, it should hold true.
Who is doing the controlling in this take? "The Government"? Calling for more government control when some say--at least in the US--too much government is the heart of our current political strife. Unless this argument is for corporate surveillance?
As for elections in the age of social media, why not just pass Blackout laws around the date of the election? One week not sufficient? Make it two.
But instead the answer is mass surveillance? To do what? Arrest & detain people, and let the judicial system incarcerate them for months or years while the process plays out?
When Georgia tried to implement a law to inhibit this type of foreign meddling from all superpowers it was widely branded a "pro russia law", presumably because the west had invested more in astroturfing Georgia.
Which is no different to what the US and Europe was already doing in Romania on an ENORMOUS scale before Russia ran its Tiktok campaign. Russia's campaign evidently resonated with the populace far more than what the NED were doing.
Democracy is a bit like freedom of speech - either you support it even when it makes decisions you dont like (e.g. in opposition to western imperialism) or you hate it. There isnt a middle ground.
If you support the Romanian secret services' decision to cancel the election over a tiktok campaign which was more convincing than better funded NED campaigns which they permit, you probably just hate democracy.
If you think "pro russia law" is an accurate designation of what Georgia was trying to implement - again, you just hate democracy.
But, I don't understand how this step could possibly work:
> start policing on what opinions those people are allowed to have and what measures to take to them
A much more effective counter to this would be to rebalance the information asymmetry by giving citizens the tools to coordinate against state sponsored influence.
I get diversification, that’s a good call, but adopting policies that actively harm Canada to the benefit of China is where we’re at and it’s so far beyond the pale. Just take a look at Canada, who for as long as I have known, have tried to maintain its industrial base in Ontario, eg the cross-border supply chain for automobiles, but then this "new" government comes in and is like y’know what we really need right now? To compound the effects of tariffs, piss off our biggest trading partner, risk NAFTA (CUSMA) and our entire cross-border supply chains with the US all so we can get some cheap electric cars from China, which won't even be manufactured here (atleast not with Canadian jobs); meanwhile we just spent close to $100 billion in subsidies explicitly to try and kickstart electric vehicle manufacturing in Canada. May have been more productive to turn that $100 billion into pennies and throw them down a wishing well...
While there is a middle road, it is almost never taken as it is the hardest path. The real trick is to not invent the torment nexus but you cannot know this as the n'th order effects are decades beyond the initial creation. But that is so incredibly difficult to anticipate.
Think about it, the transistor was invented in 1947, 70 years later it turned into the surviellance panopticon. Very few could have seen that coming.
I dont have answers just explanations here.
You are absolutely bombarded with messaging about how Dubai and Chinese cities are the safest places in the world. I have friends who live in each who consider North America and Europe crime ridden shitholes because theft is possible to get away with.
If society believes that crimes is utterly rampant despite it collapsing over the past few decades, there is nowhere else to go but mass surveillance to make sure that even the smallest of visible crimes are stamped out.
After having to push for a crime to be actually registered and for others to even report small crimes because police has been so useless in Brussels I lost complete faith in this.
It also doesn't track with prisons overflowing more and more and damn near half of prisoners not having the nationality. It's safer now! But more and more people have experiences so keep your wallet in your front pocket. Watch out as a woman after dark. Avoid certain areas that your grandma described as posh and the trainstation you went to every day in your youth has stabbings now.
It feels like one of a bunch of fronts where we get some kind of hypernormalisation.
And the scary part is that they're both apparently correct.
I'm frustrated our governments keep trying to foist essentially the same garbage upon us that has already been rejected over and over before.
Why do we need what amounts to a massive, state-level surveillance apparatus, steeped in legislated secrecy, plugged directly into the backbone of every internet provider?
Would you be OK if police officers followed you around everywhere you go, recording who you talk to, and when and where you interacted - not because there's any suspicion upon you, but simply to collect and preserve all the metadata they might need to find that person up to a year later - "just in case" - to question them about your conversations? Because that's more or less what's being proposed here. The only difference is it happens opaquely within the technical systems of ISP's and service providers where it isn't as apparent to the general public.
It gets even worse if you presume the information will be stored by private contractors, who will inevitably be victims of data breaches, and will be sitting on a vast new trove of records subject to civil discovery, etc.
> The SAAIA ... establishes new requirements for communications providers to actively work with law enforcement on their surveillance and monitoring capabilities .... The bill introduces a new term – “electronic service provider” – that is presumably designed to extend beyond telecom and Internet providers by scoping in Internet platforms (Google, Meta, etc.).
As the article points out, jurisprudence from the Supreme Court of Canada has taken a dim view of warrantless disclosure of personal information. What precisely is insufficient in regard to existing investigative powers of law enforcement and their prerogative to pursue conventional warrants? Why do they need to deputize the platforms who you've (in many people's cases) entrusted with your most personal data?
To be frank, this is the sort of network I would expect in an authoritarian country, not here. The potential for abuse is too high, the civil protections too flimsy, and the benefits purported don't even come close to outweighing the risks introduced to our maintaining a healthy, functioning democracy.
In the "old days" when all we had is telephone law enforcement could wiretap your phone with a warrant. As I understand it with an order from a judge your phone could be tapped or your mail could be read. You wouldn't (obviously) be served that warrant or even be aware of it. This was part of a few existing laws/acts. I.e. that's the status quo. If we were a surveillance state back then, we'll be that again.
The other difference from the "old days" is that some of the communication companies are global and not Canadian. I.e. your encrypted conversations go perhaps [to] a Meta data-center in California.
If we remove the ability of law enforcement to monitor and access evidence of criminal activity with a warrant from a judge we are increasing the ability of criminal organizations to operate and coordinate. That is the balance here.
It is true there are other important differences. E.g. the amount of information, its persistence, the ability of hackers and other actors to potentially access it. This isn't easy. But doing nothing is also not great?
I'm also Canadian and I have to admit I haven't been following the details here. It's hard to separate signal from noise and it seems everyone cries wolf all the time over everything. I will read it in more detail and try to form an opinion.
If you really think about it, if the government can collect the data that means some entity is ALREADY collecting that data which more often than not goes to advertisers.
Another benefit is that it creates real use-cases for things such as I2P, (god forbid) crypto currency and matrix. I know crypto can be a hot topic and lacking in terms of true decoupling from the government these days, but coins like TRX have been great at this especially in china where yuan is an extremely controlled currency. Although it seems that most of the usage is in illegal activities rather than liberty or/and activist reasons.
And lastly, if the government can't get their hands on the data neither can the hackers and state sponsored entities.
Without diving into hyperbole and far-fetched dystopic speculation, what exactly is the problem?
And I think here lies the opportunity for challenging this in court.
I'd say this is pretty disappointing that they keep pushing these kinds of mass surveillance laws "just in case".
A preferable alternative is to have the hosts moderate the content they serve that is publicly available. But there are cons to that too - what content should be reported etc.
But none of that matters if Canadians just allow politicians to impose laws that strip them of their rights to avoid mass surveillance. Who needs a Charter of Rights if Canadians don't care enough about their rights to protest the government when they try to strip away their rights?
What it's supposed to be for is in direct contrast to what it was used for, which is to suspect rights. And that's exactly what was determined later on by the courts that they did infringe on the rights of Canadians.
1. in Cambie Surgeries Corporation v British Columbia (https://en.wikipedia.org/wiki/Cambie_Surgeries_Corporation_v...), where a private clinic challenged the province's ban on any private care whatsoever for procedures that are provided by the public system on the grounds that if the province bans procedures but then also rations access to those procedures to the point that they're inaccessible for many patients, it constitutes a violation of our charter right to life and equal protection.
It seems they were able to successfully argue that this does constitute a violation of our rights, but the decision says it's okay because it's done with the intent to preserve the equitable access to healthcare for the general public.
2. Employees in union shops are forced to join the union. This is arguably a violation of our right to freedom of association, but the supreme court says that it's okay if it does because "the objective of this violation is to promote industrial peace through the encouragement of free collective bargaining". https://en.wikipedia.org/wiki/Rand_formula#Freedom_of_associ...
3. https://en.wikipedia.org/wiki/R_v_Comeau, a famous case where a guy bought beer in Quebec and drove it to New Brunswick (for personal consumption) and was fined. His case argued that that's a violation of section 121 of the Canadian Constitution 1867 which states as black and white as can be:
121 All Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.
But the Supreme court ruled that it's not enough for provinces to ban goods from entering their province for it to count as a violation, it must be a ban which has no other purpose but to impede interprovincial trade. But that means that this section is completely useless because a justification for protectionism can always be found or made up on an ad-hoc basis.
Basically, Canadians have no rights whatsoever. Our entire legal system doesn't sit on anything fundamental it's all just vibes and arbitrary whims of the justices of the day. Our charter and constitution are so full of explicit holes like the notwithstanding clause, that they're rendered almost meaningless even on their own terms, and then any other violations will be excused on the flimsiest grounds.
Which are they: God-given or granted by the constitution? No-one in any country has rights that cannot be taken away.
I'm not sure why you are holding the US as a shining example here. There has been a long history of warrantless searches everyone knows about.
And why are you making false claims about the Canadian constitution? You can easily check that the scope of the notwithstanding clause is limited.
Why don't you ask the folks in towns riddled with ICE agents how well those god-given rights are being respected. Your main point stands about infringement of freedoms and privacy, but your interpretation, or hallucination that anywhere is actually abiding by their founding principals is wildly naive.
The government will always override it's citizens rights and freedoms if it has it's power challenged. 2nd amendment collapsed in California when Black Panthers decided arming themselves was a great way to push back on kkkops. 1st and 14th amendment rights get trampled and attacked at just about any protest in history.
You can talk about ideals until your blue in the face but governments have always done whatever they want and almost never face repercussion. Anything that challenges the government keeping us in place as servants of capital is met with violence and incarceration. Any social progress comes at the cost of innocent blood being spilled to make the situation distasteful enough that the government minimally acquiesces as it keeps marching down the same path it always has.
It is your Declaration of Independence that recognises inalienable rights endowed by one's creator, not the Constitution, and is thus legally unenforceable. We know this because none of the rights enshrined in the Constitution are actually inalienable. For example: the First Amendment says that Congress can make no law prohibiting the right to peacefully assemble... but then how does federal incarceration work? The US has one of the largest mass-surveillance apparatuses in the world despite the Fourth Amendment. The President has also attempted to end birthright citizenship via decree, something which your Supreme Court is currently entertaining instead of immediately overturning as patently unconstitutional.
There's a common refrain that rights do not exist without remedies. Whether rights are given by one's deity or by one's government is immaterial: if you cannot remedy a violation of a right, that right does not exist. While I can certainly agree that certain systems do not entrench rights as much as they should (here in the UK, all our rights persist at the whims of a simple majority), words on a page matter less than access to remedies.
Pretty decent all things considered
It may not always lead to major change, but you have no idea how many people are currently sitting in prison around the world for doing exactly this.
There is some hope in the British Isles. To anyone reading this who can see that simply electing this party or that party changes nothing: Take a good look at what Restore Britain is doing there, and consider supporting if you're in a position to do so. Nothing is easy, but they are drawing together more people who understand what it really means to say "no" to this system than I've ever seen organize anywhere else.
I wish.
Brexit was pretty unthinkable even just a few years before the referendum. And now… well, toss-up between the top 5(!) parties, because somehow the Greens and Lib Dems are polling at similar levels to Conservative and Labour, all a bit behind Reform who didn't exist a few years back.
And when bad times come, insular nationalism (both in the sense of xenophobia and autarky) poll well.
The world-wide bad-times storm is getting super-charged right now, though I can't tell how much this is malice vs. incompetence from the White House.
Voting against someone rather than for someone is a sure-fire way to get some of the worst politicians in power as possible, they only need to be marginally less bad than the other candidate after all.
Restore Britain is a populist joke btw. Greens might be my side of the fence but they’re also populist. Hard to get air time as a small party without some form of sweeping emotional appeals and “common sense” thinking, even if it’s internally inconsistent and very broad.
I ask this as someone who has no love or support for the Liberals.
Mere proposals of such a thing should be illegal and people engaged in development imprisoned and banned from holding public office.
The ‘meta-data’ seems to be run off the mill things that telcos and isps already collect. I’m not seeing the tyranny of the police being able to ask bell if this number they have is a customer of theirs so they can ask a judge to get the list of people buddy called.
Will they fine me? Drag me to jail?
I swear, by my life and my love of it, that I will treat my device as part of me. You shall not pass my firewalls, you don't have my permission. I use my devices to think, my thoughts are my own.
The majority of people have intellectually regressed into sheep.
"A Tale of Two Bills: Lawful Access Returns With Changes to Warrantless Access But Dangerous Backdoor Surveillance Risks Remain"
not
"Canada's bill C-22 mandates mass metadata surveillance of Canadians (michaelgeist.ca)"
Perhaps it's too late for this particular submission, but something to keep in mind in the future.
https://www.reddit.com/r/LinusTechTips/comments/1rsn1tm/it_a...
https://wicks.asmdc.org/press-releases/20250909-google-meta-...
As a foreigner, It would be near impossible for one company to ask every govt in that world to make this happen (with current political weather conditions).
HN people will always find someway to connect this to their most hated companies (be it Meta, Google, Microsoft)
Near impossible? No, meta is frequently making themselves part of conversation on various regulations in the country.
I expect we will see more and more of these things and people agreeing to them with the world plunged into more chaos.
Just sayin'.
Everyone in opposition of this bill simply has something to hide and is afraid that perfectly lawful legislation such as this will expose their criminal activity.
[0] https://www.cbc.ca/news/canada/toronto-man-finds-stolen-truc...
I don't need to imagine, it's already the case; Toronto is a neo-Stasi city. I am simply asking that these capabilities now be applied fairly, across the whole populace, and not just towards people those in power disagree with. Torontonians demonstrate they will sacrifice freedom for safety, and now should obtain neither.
Privacy and rule of law are illusions. On a national level, the invocation of the Emergencies Act to squash the trucker convoy protesters (those deplorables) was recently found "unreasonable:"
> While the extraordinary powers granted to the federal government through the Emergencies Act may be necessary in some extreme circumstances, they also can threaten the rule of law and our democracy
https://www.cbc.ca/news/politics/convoy-protest-emergencies-...
The story ends with the police indicating that they do actually have the power to retrieve the car, the officers just didn't want to use their powers in that case.
Nothing in your anecdote would go any differently with these new powers. The police officers refusing to take timely action would still refuse to take action, but now they also know the kind of porn you like. Good for them, I suppose?
I can make sweeping generalizations and baseless accusations too. Everyone in support of this bill is a filthy pervert with a voyeuristic relationship with their government, wishing to push their weirdness onto the rest of the population.
Just solving crimes.