Bill C-2 Would Align Canada’s Security and Immigration Laws with US
by Tom Baker
The Carney government’s first bill was the Strong Borders Act (Bill C-2). The title doesn’t do justice to the “dog’s breakfast” character of this omnibus bill. This bill, designed to deal with the border and border safety, contains numerous unrelated and dangerous elements. It attempts to appease Trump’s concerns on border security, thereby hoping to get some tariff relief. In addition, the Bill addresses long-standing requests by Canadian police agencies to increase surveillance powers.
Bill C-2 represents an escalation in Ottawa’s cooperation with Washington on security and immigration. President Obama deported 4.8 million people and built the machinery Trump used to deport 1.5 million in his first term. Now Trump is expanding deportations exponentially, leading to massive resistance in the U.S. Prime Minister Mark Carney is following the same playbook, building on Trudeau's legacy of annually increasing deportations, while establishing the machinery for future governments to use.
The 140-page bill amends more than a dozen laws in ways that violate the rights of citizens and non-citizens -- from the Criminal Code to the Immigration and Refugee Protection Act, the Canada Post Corporation Act, and the Oceans Act. Omnibus legislation by definition is inherently undemocratic in that it proposes changes to various laws without allocating time for substantial debate on the contentious parts. Legal experts, and human rights organizations such as Amnesty International, warn that the civil liberties of all, and the rights of asylum seekers, are on the chopping block.
Civil liberties threatened
Bill C-2 gives police and spy agencies sweeping warrantless internet surveillance powers over ALL residents. As the International Civil Liberties Monitoring Group explains, it forces tech companies to restructure their systems to make government snooping easier and it facilitates greater collaboration with foreign agencies.
Police have been seeking such powers for two decades in Canada, including several attempts to pass such legislation. Like PM Stephen Harper in 2014, the Carney government drew on the spectre of child pornography to help make the case for their bill. Internet providers would have to disclose the communications services the subscriber uses, such as a Gmail account. Health professionals would also be compelled to share information. Shakir Rahim, a lawyer with the Canadian Civil Liberties Association, said such information provides "a trove of background about our lives" and that his group has "serious concerns that this bill is not compliant with the Charter." The problem is compounded by the very low bar set to allow police to demand such information — namely "any violation of any act of Parliament".
The International Civil Liberties Monitoring Group documented numerous other areas of concern including changes to the Canada Post Act to allow Canada Post (based on regulations approved by Cabinet) to open and search letter mail, which is currently prohibited. In addition, changes to the Oceans Act would transform the Canadian Coast Guard (CCG) into a security force, allowing them to engage in “security patrols and the collection, analysis and disclosure of information or intelligence.” There is no independent oversight or review body for the CCG. “If the government is serious about addressing concerns regarding illegal gun and drug trafficking, it must introduce legislation specifically tailored to that goal, as opposed to a wide-ranging omnibus bill.”
Anti-immigrant and anti-refugee
This sweeping bill gives the government power to cancel any and all groups of immigration permits and deny refugee status to many - affecting millions of current migrants across Canada. Critics say new border legislation aligns Canada's immigration system with U.S. deportation policies. Specifically, it allows officials to cancel, suspend or change immigration documents immediately, halt the acceptance of new applications and cancel applications already in process, if deemed in the public interest. The bill goes beyond current US laws in that asylum claims would also have to be made within a year of entering the country, including for international students and temporary residents.
Syed Hussan, spokesperson for the Migrant Rights Network, says the bill violates Canada's "most basic legal obligations" and is "immoral" because it “gives the government unchecked power to take away people's status”. He denounced Bill C-2 as an anti-immigrant and anti-refugee bill stating, “Right now, as protesters face rubber bullets and pepper spray in L.A. to stop immigration raids, PM Carney is building Canada's own deportation machine. His first bill in Parliament - Bill C-2 - threatens every migrant and citizen in this country.”
The Canadian Council on Refugees stated “None of us will be safer if we remove protections from those who need them most. …The bill reflects a wholesale shift in how we respond to refugees seeking protection in Canada, appallingly treating them as if they were in the same category as fentanyl or illegal weapons. It introduces US-style militarization and border enforcement under which migrants are seen as a security threat instead of provided the kind of fair immigration process that Canadians expect.”
“It duplicates the racism, xenophobia and isolationism of the Trump administration”, said Aisling Bondy, a lawyer and president of the Canadian Association of Refugee Lawyers.
Bill C-2 is an emergency for everyone. Bill C-2 must be stopped.