Ottawa's proposed new surveillance powers could undermine Canadians' online privacy, weaken encrypted communications and allow government officials to access sensitive digital information without sufficient judicial oversight, a constitutional lawyer is warning Parliament.Daniel Santoro, a lawyer funded by the Justice Centre for Constitutional Freedoms (JCCF), has filed a submission with a Senate committee urging significant changes to Bill C-22, the Lawful Access Act, 2026.The legislation would expand federal powers to require internet and telecommunications companies to assist police and intelligence agencies in accessing information during criminal and national security investigations.Santoro argues the proposed measures threaten Canadians' constitutional protections against unreasonable search and seizure under Section 8 of the Canadian Charter of Rights and Freedoms.The Senate passed Bill C-22 at second reading on October 22 and referred it to the Standing Senate Committee on National Security, Defence and Veterans Affairs for further examination.The federal government maintains the legislation is necessary to help police investigate criminal activity and allow the Canadian Security Intelligence Service (CSIS) to respond to national security threats while respecting constitutional rights.However, Santoro warns the proposed powers could force telecommunications companies, including Rogers and Bell, to modify their systems to provide government access to private information.According to his submission, such requirements could create security vulnerabilities in encrypted communications and other services Canadians rely on to protect their personal information.He argues the legislation could effectively require companies to create digital backdoors, potentially exposing sensitive information to hackers and other unauthorized users.Virtual private networks (VPNs), encrypted messaging applications and other privacy technologies could be affected, he warns.“This bill renders true digital security illegal. It gives government the power to outlaw services people use for their own privacy and security,” Santoro said.“It forces backdoor access that could let hackers in.”.The lawyer also raised concerns about provisions that would prevent telecommunications providers from notifying customers about certain government orders.Under the proposed legislation, companies would generally be prohibited from disclosing orders requiring them to facilitate government access to information.Santoro argues the secrecy provisions could leave Canadians unaware that their information may be subject to government access requirements.He maintains the restrictions could also infringe freedom of expression protections under Section 2(b) of the Charter.Another concern involves proposed inspection powers allowing government officials to enter and examine business premises without first obtaining a warrant.Although the provisions would not apply to private homes, Santoro argues businesses are also entitled to constitutional protection against unreasonable searches.He wants the legislation amended to require judicial authorization before officials conduct compliance inspections.The submission also challenges provisions allowing the government to require telecommunications and internet companies to retain metadata for up to six months.Unlike the content of messages or conversations, metadata can identify who communicated, when communications occurred and where individuals were located.Santoro warns that collecting and retaining such information can reveal significant details about Canadians' personal relationships, activities and movements.He argues the proposed retention requirements could expose sensitive information about individuals who are not suspected of committing any crime.The Justice Centre is calling on senators to restrict the government's authority to compel companies to weaken encryption or introduce vulnerabilities into their systems..It also wants tighter limits on metadata retention, narrower secrecy provisions and mandatory judicial approval for searches of business premises.The organization is recommending that telecommunications providers receive additional time to comply with any new requirements before the legislation takes effect.Santoro has requested an opportunity to appear before the Senate committee to explain his concerns and answer questions from senators.“Parliament should limit these powers in order to preserve our privacy and security,” he said.Bill C-22 remains before the Senate committee, where senators will examine the proposed surveillance powers and consider whether amendments are necessary before the legislation proceeds.
