Privacy commissioner calls for new curbs on government's 'lawful access' bill

Privacy commissioner Philippe Dufresne says the government's "lawful access" bill should be amended to limit the sort of information available to authorities under a new production order.

Currently, police can obtain a general production order from a court to obtain subscriber information, such as the name, address and email linked to an account. The government says this can take time.

The new legislation, known as Bill C-22, would create a narrower court order that would allow police to seek subscriber information from a service provider.

Police would need to apply to a judge and establish that they have reasonable grounds to suspect criminal activity. They would also need to satisfy the court that subscriber information would assist their investigation.

The government says the measure is not particularly sensitive, since it is limited to information that identifies clients and services and does not include the contents of communications such as emails.

Dufresne told senators studying the bill Monday the proposed definition of "subscriber information" and the range of people from whom it could be sought under the new production order are broad relative to the reasonable suspicion threshold required to access it.

Depending on the nature of the services in question — which could include healthcare providers, lawyers, financial institutions and dating apps — such information could reasonably attract "a heightened expectation of privacy due to its sensitivity," Dufresne said.

Dufresne recommended narrowing the definition of subscriber information to a finite list of discrete identifiers, and restricting the range of people or organizations from whom it may be compelled to "telecommunications service providers."

Dufresne said if the government doesn't make those changes, he would recommend adding a carve-out for medical or privileged information to the new production order.

The government says the bill — "An Act respecting lawful access" — will ensure law enforcement agencies have the legal tools to prevent, investigate and respond to modern crime and protect Canadians in a manner consistent with the Charter of Rights and Freedoms.

Opponents argue the legislation unnecessarily expands the powers of police and intelligence agencies, endangering the privacy of Canadians, flouting the Charter and making Canada a less attractive place to do business.

Public Safety Minister Gary Anandasangaree told the Senate committee Monday the bill is about ensuring that when a judge authorizes an investigation, law enforcement has the ability to carry out that authorization. 

"The legislation before you today was shaped by significant engagement with stakeholders and parliamentarians, and that collaboration did not weaken the bill," he said. "It actually made it stronger."

This report by The Canadian Press was first published Nov. 2, 2026.

By Jim Bronskill | Copyright 2026, The Canadian Press. All rights reserved.