Liberal border security bill proposes sweeping new government powers

By Quinn Patrick

The Carney government proposed a border security bill that would grant sweeping new powers to authorities, such as intercepting communications and accessing information without a court-approved warrant. 

The primary goals of the legislation, known as Bill C-2, are to secure the border, combat organized crime, crack down on fentanyl smuggling and bolster the authorities’ ability to fight against financial crimes.

If passed, the bill would allow the government to intercept and search communications, including mail. It also includes new provisions for anti-money laundering rules, asylum claimants and the Canadian Coast Guard.

It would also extend the Canadian Security Intelligence Service’s access to information, including gathering certain data without a court-approved warrant. 

“In order for me to bring forward legislation, it needed to have the safeguards in place,” Public Safety Minister Gary Anandasangaree told reporters on Tuesday.

“It needed to be in line with the values of the Canadian Charter of Rights and Freedoms, and I fundamentally believe that we have struck the balance that, while expanding powers in certain instances, does have the safeguards and the protections in place to protect individual freedoms or rights.”

Tabled on Tuesday, the legislation would also prohibit people in Canada from having their refugee claims heard by a tribunal if they’ve already been in the country for more than a year. 

Additionally, the government would be permitted to cancel or pause immigration applications en masse if deemed to be in the public’s interest. There would be exceptions for those fleeing war zones such as those coming from Gaza or Ukraine.

The bill would also extend the Canadian Security Intelligence Service’s access to information, including gathering certain data without a court-approved warrant. 

The Canada Border Services Agency’s ability to search containers leaving would also be broadened by requiring transport and warehouse operators to provide site access to border agents for inspections before exportation.

The legislation comes in response to mounting pressure of U.S. President Donald Trump’s administration, which has accused the Canadian government of being too lax when it comes to border security. 

It also intends to fix a loophole often abused in the Safe Third Country Agreement with the U.S., whereby asylum claims are made 14 days after an applicant furtively enters Canada from the U.S. by land.

The CCG would also be given a new security mandate, which would include undertaking “security patrols” to seek out suspicious vessels along the border or in the Arctic.

It would also be granted the ability to share information with the RCMP, military and other intelligence agencies. Currently it’s not able to share such data as it’s a civilian agency. 

Bill C-2 aims to set new limits on cash transactions over $10,000 to curtail money laundering, as well as increase civil and criminal penalties for offenders.

The legislation also intends to implement a new Act that would force nearly every organization offering “electronic services” to organize its users’ data in such a way that it can be easily accessed by law enforcement or intelligence agencies when required and approved.

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