Law enforcement leaders back Liberal Party's proposed legislation on borders and crime
In a significant move, the Canadian Association of Chiefs of Police has voiced its support for Prime Minister Mark Carney's proposed Bill C-2, also known as the Strong Borders Act. This legislation aims to strengthen border security, expand police powers, and address privacy concerns, sparking a heated debate among civil liberty advocates.
The Strong Borders Act proposes several changes to Canada's Criminal Code, focusing on border security, police powers, and privacy. Notably, the bill tightens timelines for migrants to make asylum applications and grants the government the power to suspend new applications and the processing of existing claims, aiming to address cross-border flows and improve control in response to transnational organized crime, including human smuggling and illicit trafficking of drugs and firearms.
One of the key aspects of the bill is the broadening of police search and data access powers. This includes removing barriers preventing police from searching mail, provided legal authorization is obtained, and expanding Canada Post's authority to inspect and open mail to assist criminal investigations. These powers represent the most significant expansion in over a decade, including expanded lawful access to compel electronic service providers to provide assistance and data.
However, critics warn that Bill C-2 introduces a "Big Brother"-style surveillance capability that potentially undermines the Canadian Charter of Rights and Freedoms. The bill facilitates increased electronic surveillance and data access, which could impact fundamental rights and privacy protections without clear benefits to security.
Police chiefs, on the other hand, argue that current laws are outdated for dealing with modern threats posed by organized crime exploiting digital platforms and legal blind spots. They maintain that the bill is a public safety imperative to equip law enforcement with the necessary tools for the geopolitical realities of today.
The bill also introduces new restrictions on large cash transactions, expands the inspection authority of Canada Border Services Agency at ports of entry, transporters, and warehouse operators, and makes it easier for authorities to access information about internet subscribers.
The Canadian Civil Liberties Association and 39 other organizations have called on Ottawa to withdraw the legislation, citing privacy concerns. The earliest changes to the Criminal Code could take place during the fall legislative sitting.
Despite the controversy, the chiefs have added their voices to a growing chorus that includes B.C.'s premier, attorney general, and various politicians, urging for changes to the Criminal Code. They are also calling for changes to the bail system, advocating for the prolonged detention of chronic offenders who repeatedly commit petty crimes, and similar changes for violent offenders.
Outgoing Victoria Police Chief Del Manak stated that officers are frustrated with repeatedly arresting the same people only to see them released on conditions to offend again while on bail. The legislation would also require ports of entry, transporters, and warehouse operators to allow Canada Border Services Agency officials to conduct export inspections.
The police are not seeking new authorities with Bill C-2, but rather legislation that aligns with current technology to legally obtain electronic evidence beyond their reach. Despite the ongoing debate, the support from the Canadian Association of Chiefs of Police underscores the urgency felt by law enforcement to address the challenges posed by modern organized crime.
- The Canadian Association of Chiefs of Police supports Prime Minister Mark Carney's Bill C-2, also known as the Strong Borders Act, which proposes changes to technology, policy-and-legislation, and criminal justice, aiming to improve border security, expand police powers, and address privacy concerns.
- The Strong Borders Act includes several provisions that broaden police search and data access powers, such as removing barriers for searching mail, expanding Canada Post's authority to inspect mail, and expanding lawful access to compel electronic service providers to provide assistance and data.
- Despite the ongoing debate and concerns raised by civil liberty advocates about the bill's potential impact on the Canadian Charter of Rights and Freedoms and general news about increased electronic surveillance, various politicians and the Canadian Civil Liberties Association have called for changes to the Criminal Code, particularly focusing on addressing the challenges posed by modern organized crime and crime-and-justice issues in the context of technology.
