Bill C-22 threatens Canadians’ online privacy, constitutional lawyer warns Senate

OTTAWA, ON: The Justice Centre for Constitutional Freedoms announces that constitutional lawyer Daniel Santoro, funded by the Justice Centre, has filed a submission with a Senate committee studying Bill C-22. Mr. Santoro warns that the bill threatens Canadians’ online privacy and digital security.

The Senate passed Bill C-22 at second reading on October 22, 2026, and referred it to the Standing Senate Committee on National Security, Defence and Veterans Affairs for detailed study. Bill C-22, the Lawful Access Act, 2026, would expand the government’s powers to require internet and telecommunications companies to help authorities access information.

The federal government says the legislation would help police investigate crime and allow the Canadian Security Intelligence Service to investigate national security threats, while protecting privacy and respecting the Charter.

Mr. Santoro’s submission argues that the proposed powers go too far and threaten the right to be free from unreasonable search and seizure under section 8 of the Charter.

The submission identifies four main concerns:

1. Weaker privacy and digital security: The bill would let the government require companies such as Rogers and Bell to build “backdoors” into their systems so authorities can access Canadians’ private information. Mr. Santoro warns this could weaken privacy tools, including virtual private networks (VPNs), which help keep internet activity private, and secure messaging services. It could also expose private information to hackers.
   
2. Secret government orders: Companies would generally be barred from telling users about orders requiring them to enable government access to private information. The submission argues this would keep Canadians “in the dark” and threaten freedom of expression under section 2(b) of the Charter.
   
3. Searches without prior judicial approval: The bill would let officials enter and inspect premises other than homes without a warrant to check compliance. Mr. Santoro argues that businesses also have protection against unreasonable search and seizure.
   
4. Keeping records of Canadians’ digital activities: The bill would let the government require companies to retain metadata for up to six months. Metadata record details such as who communicated, when and from where, rather than what was said. These details can reveal sensitive information about people’s habits and private lives.

“This bill renders true digital security illegal. It gives government the power to outlaw services people use for their own privacy and security. It forces backdoor access that could let hackers in,” said Mr. Saturo. “Parliament should limit these powers in order to preserve our privacy and security,” he added.

Addressing these concerns would require the following changes to the legislation:

• Protect digital privacy: Limit powers to compel companies to build “backdoors” that weaken privacy tools or expose Canadians’ information to hackers.

• Limit data retention: Restrict requirements to retain metadata, which can reveal sensitive details about Canadians’ activities and communications.
  
• Narrow secrecy rules: Allow companies to disclose government orders unless secrecy is necessary and justified.
  
• Require judicial approval: Require a warrant before officials search business premises to check compliance.
  
• Allow time to prepare: Give service providers more time to meet new requirements before the legislation takes effect.

Mr. Santoro has also requested an opportunity to appear before the Standing Senate Committee on National Security, Defence and Veterans Affairs to explain these concerns and answer senators’ questions.

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