The federal Liberals are indicating they plan to revamp their border security bill in response to widespread concerns about its impacts on civil liberties and privacy.
Public Safety Minister Gary Anandasangaree has given notice to the House of Commons that he will introduce fresh legislation on borders and immigration as early as Wednesday.
In June, the government tabled a bill that would give authorities new powers to search mail, facilitate police access to personal information and make it easier for officials to pause or cancel immigration applications.
The federal government said the legislation was meant to keep borders secure, combat transnational organized crime, stop the flow of deadly fentanyl and crack down on money laundering.
More than 300 civil society organizations called on Ottawa to withdraw the bill, saying it endangered liberties, refugee and migrant rights and the privacy of all Canadians.
The minority Liberal government also appeared to have trouble attracting the necessary votes for the legislation in the House of Commons.
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Anandasangaree chided the opposition Conservatives in the daily question period on Monday, saying the party was “unwilling to support the bill.”
“This is a measure that was asked for by law enforcement,” Anandasangaree said. “It will strengthen our border to make sure our country is safe.”
The bill came in response to sustained pressure from the administration of U.S. President Donald Trump, which cited concerns about the southbound flow of irregular migrants and fentanyl to justify tariffs on Canadian goods.
The legislation won support from Canada’s police chiefs, the national fentanyl czar and child protection advocates.
The groups calling for the legislation’s withdrawal said it would allow police and the Canadian Security Intelligence Service to demand to know whether a person has an online account with any organization or service in Canada.
They also warned the bill would permit authorities with a warrant to demand production of a person’s online data, unencrypted emails and browsing history from a company based only on “reasonable suspicion” — not the current standard of reasonable belief.
“I think this represents perhaps one of the biggest overreaches we’ve seen from any government when it comes to Canadian privacy,” Michael Geist, a professor and Canada Research Chair in internet and e-commerce law at the University of Ottawa, told Global News.
Other legal experts and the Canadian Civil Liberties Association told Global News this week that the bill should be changed to require a warrant or judicial authorization to demand information from service providers.
Philippe Dufresne, the federal privacy commissioner, has also expressed concerns about the “reasonable suspicion” standard in the bill but noted his office was not consulted before the legislation was tabled.
—With additional files from Global News
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