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Undoubtedly, the constitutional problems in Bill C-2 must be addressed. However, for public debate and parliamentary scrutiny to be meaningful, the public needs complete transparency from the govt regarding the intent and implications of Bill C-2, and compliance with Canada's policy on treaties.

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Despite numerous clear statements from the Supreme Court that Canada’s Charter is different from U.S. law when it comes to human rights, Bill C-2 only signals willingness to throw core protections in Canada, refined over decades of jurisprudence, under the bus.

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Today's analysis also links Bill C-2 to the recent publication by @cyn-k.bsky.social and myself on Canada's negotiations with the United States under the CLOUD Act.

First, I highlight the constitutional and human rights implications of the 2AP treaty, with findings by myself and former Citizen Lab researcher Veronica Arroyo.

As a result, this preliminary analysis of Bill C-2 situates the bill within the context of existing research by the Citizen Lab about two data-sharing treaties that are most relevant to the new proposed powers being introduced in Bill C-2.

As the analysis highlights, Canada’s Policy on Tabling of Treaties in Parliament was designed to prevent the federal government from quietly introducing treaty-implementing legislation through the backdoor of Parliament without making its intention explicit.

Which raises broader questions about the public's and Parliament's ability to meaningfully scrutinize the proposed powers, if the intention behind them is not made explicit?

Other controversial new surveillance powers would, if passed, dilute well-established constitutional protections, but notably would do so in the exact areas that were anticipated to be the root of incompatibilities between Canada and the USA in reaching a potential CLOUD agreement.

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Given the significant implications of a potential agreement to a data-sharing framework with foreign authorities in the USA or elsewhere, it is surprising that the federal government is quietly introducing the powers necessary to ratify the treaty, without making this clear to the broader public.

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Ron Deibert @rondeibert.bsky.social · 04/06/2025

At a recent briefing on Bill C-2, govt officials acknowledged that the intent of certain provisions within Bill C-2 is to enable Canada to implement and ratify a controversial new data-sharing treaty, publicly known as the “Second Additional Protocol” to the Budapest Convention (“2AP”).

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Reposted by Kate Robertson

Canada 🇨🇦's Liberal govt has proposed a new "Border Security Bill," in large part in response to pressures from 🇺🇸 I raised concerns about that back in March 2025 👇 macleans.ca/politics/the...

macleans.ca

The U.S. Wants Canada to Become A Police State - Macleans.ca

Appeasing Trump's border demands only emboldens authoritarians worldwide. Here's why we must resist.

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Our letter is linked here: openmedia.org/assets/20241...

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Ontario’s provincial police force could be using Israeli spyware, report finds

I also connected with @theguardian.com, which also reports how the findings raise important questions for the government and privacy regulators about what technologies are being used, and underscores again the need for law reform to address the security and human rights risks concerned.

theguardian.com

Report on ‘possible links’ raises questions about extent and scope of Canadian authorities’ use of cyber weapons

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EU: Member States Should Vote ‘No’ on UN Cybercrime Treaty

As Mr. Humphrey notes, this is not just a Canada problem. Warnings from international experts and human rights organizations around the world about the United Nations cybercrime convention have been loud: www.hrw.org/news/2024/10...

hrw.org

We are united in urging the EU and its member states to reject the proposal to adopt the Convention during the UN General Assembly vote.

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"Peter Humphrey, a former British private investigator jailed in China who now advocates on behalf of foreign prisoners, said the execution of multiple Canadian citizens 'is a wake up call which should shock and alert every government in the world.'"

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Myself and human rights experts warn in a recent letter: Through a single, sweeping instrument, the Convention would force Canada’s hand into cooperation agreements with authoritarian governments around the world and countries with rights-violating laws.

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