David TS Fraser

@privacylawyer.ca

2301 Followers 783 Following

Canadian internet and privacy law counsel to global companies.

Screencap from Windows Start menu saying "LG Monitor App Installer".
“It’s time to choose. It’s a time to choose between victims of crime who are demanding that we, as parliamentarians, act to protect them. It’s the time to choose because law enforcement needs modern tools to fight modern criminals. Those tools are in Bill C-22.” Anandasangaree’s comments echoed those of his Conservative predecessor Vic Toews in 2012 when the Harper government was pushing its own expanded lawful access bill. During debate in the House of Commons that year, Toews said critics “can either stand with us or with the child pornographers.”
Notice Paper No. 136 Monday, June 15, 2026 11:00 a.m. Introduction of Government Bills June 12, 2026 — The Minister of Artificial Intelligence and Digital Innovation — Bill entitled “An Act to enact the Protecting Privacy and Consumer Data Act, to amend the Personal Information Protection and Electronic Documents Act and to make amendments to other Acts”.
Biography for Chief Rizzi Chief Rizzi began his firefighting career with Vaughan Fire and Rescue Service, in Vaughan, Ont., rising through the ranks to ultimately serve as Fire Chief.
Fundamental freedoms 2 Everyone has the following fundamental freedoms: … (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
Notice Paper No. 132 Tuesday, June 9, 2026 10:00 a.m. Introduction of Government Bills June 8, 2026 — The Minister of Canadian Identity and Culture and Minister responsible for Official Languages — Bill entitled “An Act to enact the Digital Safety Act and the Digital Safety Commission of Canada Act and to make consequential amendments to other Acts”.
Bill C-22, An Act respecting lawful access Witnesses 3:30 p.m. to 4:30 p.m. Canadian Bar Associaton • Christiane Saad, Chair, Privacy and Access Law Section Canadian Constitution Foundation • Alexander Surgenor, Counsel Signal • Udbhav Tiwari, Vice-President, Strategy and Global Affairs (by videoconference) 4:30 p.m. to 5:30 p.m. Canadian Muslim Public Affairs Council • Khaled Alqazzaz, Executive Director (by videoconference) Centre for Free Expression • Tim McSorley, Senior Fellow OpenMedia • Matthew Hatfield, Executive Director (by videoconference)
Definition of metadata will be included Amendments are due Wednesday night, but Anandasangaree said the government will propose changes "to ensure there's clarity on what encryption is," and better define metadata in the legislation. "We would ensure that that metadata piece is in line with our U.S. counterpart's language in their bill," he said. (Anandasangaree's office later clarified to CBC News that he was referring to the U.S. law's encryption provisions, not metadata.)
Lawful access under C-22, by contrast, is intended to obtain limited and specific information held by an electronic service provider (ESP) via controlled, authorized requests without undermining cyber security. This approach supports the principle that cyber security and public safety are not mutually exclusive but should be advanced together.
Bill C-22 recognizes this need. It does not mandate “backdoors”. Rather, it seeks to facilitate targeted, lawful, and exceptional access under strict legal controls. This distinction is essential: • A backdoor creates a lasting, generalized vulnerability that can be exploited by malicious actors.
Personnel security clearance and location requirements: Section 18 of the bill grants broad regulation-making power that could require personnel who respond to law enforcement requests to hold Canadian security clearances or be physically located in Canada. This is inconsistent with the approach taken by every other Five Eyes nation and goes against the effectiveness of global technology companies’ centralized, specialized law enforcement response teams. Requiring a separate layer of Canadian based and -security-cleared personnel would delay response times, increase operational complexity, and impose disproportionate requirements on companies.
To clearly articulate our position, we endorse the principles established by the Supreme Court of Canada in R v. Bain: “Unfortunately it would seem that whenever the Crown is granted statutory power that can be used abusively then, on occasion, it will indeed be used abusively. The protection of basic rights should not be dependent upon a reliance on the continuous exemplary conduct of the Crown, something that is impossible to monitor or control.”
In the first case, Giles said the service was trying to determine the movements of a terrorist group. CSIS had obtained a warrant and was trying to trail the cellphone of a person of interest, but the electronic service provider did not have the capability to track the device because it isn't legally required to, she said. "And so as a result, we had to resort to very costly and very risky in-person surveillance that also maintained significant gaps in our coverage," she said. Under Bill C-22, the government could require electronic service providers to develop and maintain location tracking capabilities.
Bill C-22 would not create "backdoors" and weakening of cybersecurity The Canadian Centre for Cyber Security defines a "back door" as a hidden mechanism that bypasses security controls. Bill C-22 does not require ESPs to create "backdoors" to their systems or the weaken electronic protections, including encryption.
"Tech giants are misinterpreting some of the safeguards that are already built in, including ensuring that encryption is not in any way interrupted as part of Bill-22," he said. Anandasangaree suggested he'd be responding to the U.S. congressmen, telling reporters that "we have more education to do." "We have to better inform not just Canadians, but all who are following the bill on the safeguards that are critically built into this bill," he said.
Simon Lafortune, a spokesperson for Anandasangaree, said the government categorically rejects claims the bill would enable the surveillance of Canadians through everyday devices such as cars, home cameras or smart TVs, or that it would require companies to introduce backdoors into their products so authorities could gain access to data. “It does not grant the government new powers to indiscriminately access private devices or communications,” he said in a statement. “Any lawful access to information would continue to require appropriate legal authorization, such as a warrant issued by an independent court.”
Example 1: Two CSIS subjects of investigation are at an advanced stage of planning a terrorist attack. CSIS is aware that they are finalizing their plans from a hotel room in a major Canadian city, and has an idea of the general location, but is unable to confirm the exact hotel in question. With the confirmation of service demand, CSIS would be able to request a confirmation of service from a small subset of hotel providers in the local vicinity— information that is no more than minimally intrusive. CSIS could use this collected information as part of an application for a warrant from the Federal Court to further the investigation and work with its partners to prevent an attack.
[16] I disagree with this assertion, as it involves a difference without a distinction. Properly considered, fingerprint or thumbprint locks and facial recognition locks on digital devices are all shortcuts of the same thing: the deliberate input of a password that otherwise exists only in the password holder’s mind. Whether being required to utter the password itself to authorities, to input manually the password on the device, or to provide their finger, thumb or face to the police to assist in unlocking the device, these are all part and parcel of the same testimonial compulsion. They all compel the Target to participate in their own incrimination by providing the information held only by them. This, as the jurisprudence to date has made clear, is unconstitutional. [17] The proposed biometric scanning sought in the Order is tantamount to an Order compelling the Target to provide the password from their own mouth, and in this respect is unlawful. As such, I must deny this request.
Screenshot of a browser permission pop-up from nslegislature.ca asking to “Access other apps and services on this device,” with two buttons labeled “Block” and “Allow.”
Screencap: "Past Canadian "lawful access" attempts, both by Liberal and Conservative governments 2005 (Lib - Paul Martin - Minister Anne Maclellan) - C-74 (38-1) - LEGISinfo - Parliament of Canada - Short title: Modernization of Investigative Techniques Act (Did not pass) Library of Parliament Legislative Summary for Bill C-74 2009 (Con - Stephen Harper - Minister Peter Van Loan) - C-47 (40-2) - LEGISinfo - Parliament of Canada - Short title: Technical Assistance for Law Enforcement in the 21st Century Act (Did not pass) Library of Parliament Legislative Summary for Bill C-47 2011 (Con - Stephen Harper / Minister Vic Toews) - C-52 (40-3) - LEGISinfo - Parliament of Canada - Short title: Investigating and Preventing Criminal Electronic Communications Act (Did not pass) Library of Parliament Legislative Summary for Bill C-52 2012 (Con - Stephen Harper / Minister Vic Toews) - C-30 (41-1) - LEGISinfo - Parliament of Canada - Short title: Protecting Children from Internet Pred..."
If the new Bill C-22, the Lawful Access Act 2026 becomes the law, the government of Canada will be able to secretly order Apple to build a capability into its infrastructure to allow Canadian law enforcement and national security folks to track every iPhone, iPad, Apple watch, Apple AirPod and AirTag in real time. Then they’ll be able to require Apple to confirm whether they provide you any services. Then they can go to a justice of the peace and get an order – without actually believing that a crime has been or will be committed – requiring Apple to hand over EVERY device identifier for every device you use with their services. That’s the digital ID for your iPhone, iPad, Apple watch, Apple AirPod, Apple TV and AirTag. With that information, they can go back to the judge and get an order – again without actually believing that a crime has been or will be committed – requiring Apple to give them the moment-by-moment locations of all your devices. Oh, and that secret order also required Apple to keep your location history for a full year, so cops can get that too. Is that a power we want Canadian police and law enforcement to have?
Screencap from an article: "Making his case for the new powers, Ottawa police Chief Eric Stubbs Stubbs drew on a recent example of a victim who had AI-generated intimate deepfake images of her posted online by a suspect who used six different social media accounts over the span of 10 days. Under the current process, the return of data following a court order took between 12 days and 11 weeks. “The process can be slow and it can be complicated, and in some cases, by the time critical information is obtained, valuable information is lost,” Stubbs said."
Screenshot of the LegisInfo page for Bill C-22, which is linked-to in the original post.
Gemini said A medium close-up, color photograph of two birds perched on a copper-colored bird feeder tray. On the right, a vibrant male Northern Cardinal sits in profile, its bright red feathers, pointed crest, and black face mask contrasting with the neutral background. On the left, a streaked, brown House Finch is leaned forward, feeding on seeds. The cylindrical wire mesh feeder in the center is filled with black oil sunflower seeds. The background is a soft-focus, weathered wooden fence.
A medium shot, color photograph of an American Red Squirrel sitting upright on a wooden fence. The squirrel is centered in the frame, looking directly at the camera with its paws tucked neatly against its white chest. The shot is framed by two large, dark, out-of-focus tree trunks on the left and right, creating a natural vignette. The fence features a lattice pattern below the top rail. In the soft-focus background, bare tree branches and a glimpse of a building are visible.
Gemini said A medium close-up, color photograph of an American Red Squirrel perched on the copper-colored base of a bird feeder. The squirrel is facing slightly to the right, holding a seed in its front paws and nibbling on it. Its reddish-brown fur, white underbelly, and prominent white eye-ring are in sharp focus. The cylindrical wire mesh feeder is filled with black oil sunflower seeds and takes up the left side of the frame. The background is a soft-focus, neutral-toned wooden fence.
A medium close-up, color photograph captures a Black-capped Chickadee in mid-flight, moving quickly to the right and away from a bird feeder. The chickadee is slightly blurred from the motion, showing its grey wings and long tail extended. To the left, a cylindrical wire mesh bird feeder filled with black oil sunflower seeds is partially visible. The background consists of a soft-focus, weathered wooden fence with vertical slats, creating a neutral, textured backdrop.
A medium close-up, color photograph of a Black-capped Chickadee perched on a slender, bare tree branch. The bird is centered in the frame, facing to the right, with its signature black cap and bib, white cheeks, and soft buff-colored flanks clearly visible. The surrounding branches are heavily layered with fresh, white snow, creating a bright and wintry background that softly blurs into the distance.
A medium close-up, color photograph of a white-breasted nuthatch in an outdoor winter setting. The shot shows the nuthatch clinging head-down to the deeply-furrowed, grey-brown bark of a tree on the left of the image. Its dark cap, back, and wings are distinct against its white face, breast, and underside. Large, defocused white snowdrifts are in the bottom foreground. In the blurry background, a snow-covered branch, possibly and evergeen, is visible on the right.
Notice Paper No. 94 Wednesday, March 11, 2026 2:00 p.m. Introduction of Government Bills March 10, 2026 — The Minister of Public Safety — Bill entitled “An Act respecting lawful access”.
2026-03-19 Facebook Inc. v. Privacy Commissioner of Canada (Federal) (Civil) (By Leave) 41538 Scheduled for 9:30 a.m.
Motion blurred image of a Northern flicker taking off from a wooden bird feeder, with a spray of birdseed in it's wake.
A profile shot of a male Hairy Woodpecker clinging vertically to the deeply textured, brown bark of a large tree. The bird has a striking black-and-white patterned body, a clean white breast, and a prominent bright red patch on the back of its head. Its long, sturdy beak is pointed slightly upward.
A profile shot of a male Yellow-shafted Northern Flicker perched on a square wooden bird feeder. The flicker has a grey crown, a prominent red crescent on the back of its head, and a black malar stripe extending from its beak. Its tan plumage is heavily marked with black bars and spots. To the right, a tube feeder filled with black oil sunflower seeds is visible against a soft-focus background of a gray wooden fence and a reddish wall.
Two birds at a hanging backyard seed feeder. On the left, a female Northern Cardinal with soft brown feathers and red accents perches on the feeder tray. On the right, a small black-and-white white-breasted nuthatch, clings vertically to the wire mesh as it feeds. The background is softly blurred, suggesting a wooded yard.