Conservatives look to limit government powers in Liberals’ controversial lawful access bill

Conservatives say they’ll push to amend the Liberals’ controversial lawful access bill, which would force tech companies to adjust their systems to aid police and security investigations, amid fears the bill is encroaching on Canadians’ privacy and putting cybersecurity at risk.  

“I think you can be sure that we’re going to be putting forward some very strong amendments to limit government power, and to ensure that we protect the privacy of Canadians,” Alberta MP Dane Lloyd, one of the Conservative members of the standing committee on public safety and national security, said on Monday.

“There’s a lot of distrust and a lot of fear of government overreach and so we need to make sure that we hold this government accountable.”

Members of the committee, which has been studying Bill C-22, are meeting for a marathon meeting Tuesday afternoon to hear from witnesses, including the privacy commissioner, Apple, Google and the Canadian Association of Chiefs of Police. It’s the last scheduled hearing before the committee considers amendments. 

The government has argued it lags behind its Five Eyes intelligence partners by not having an updated lawful access regime to help law enforcement and intelligence services access digital information during investigations.

Bill C-22 would require electronic service providers to adapt their systems to make it easier to hand over requested information to security and intelligence officials, provided they have a warrant. The bill would also require core providers to retain metadata for up to one year.   

The government has said it will define who is considered an electronic service provider when it drafts its regulations, but it’s widely assumed to include telecommunication, technology and social media companies. 

CSIS, police say public safety at risk

That has stirred up intense backlash from major tech companies like Google, Apple and Meta to privacy advocates who all argue the bill’s demands would weaken or break encryption, potentially opening backdoors to malicious actors.

Law enforcement agencies and the Canadian Security Intelligence Service (CSIS) have argued public safety is at risk if Canada doesn’t pass a lawful access regime, arguing they are outpaced by evolving technology hampering their ability to investigate criminal and national security cases. 

Conservative MP Frank Caputo, the party’s public safety critic, suggested Monday the Opposition’s amendments will focus on protecting encryption — a key safety measure used by activists, lawmakers, journalists and everyday Canadians to safeguard communication and other important information. 

“Canadians want to know that their end-to-end encryption won’t be targeted,” he said.

The British Columbia MP said Conservatives on committee are looking to “get the best bill possible.”

He said the Liberals “have really dropped the ball” in both drafting and explaining the bill.

“They’ve tried to ram it through committee, which is exactly something that they’ve been doing with their newfound majorities,” he said. 

Public Safety Minister Gary Anandasangaree has suggested publicly that he’s open to amendments. His office has also said he hopes to pass the bill before Parliament’s summer break.