BC Freedom of Information and Privacy Association
Your Data Your Rights
An organization that monitors the effect of information flows on human rights says the new federal border security bill appears to “roll out a welcome mat” for expanded data-sharing agreements with the United States and other countries.
Researchers with The Citizen Lab at the University of Toronto say they want the federal government to reveal more about the information-sharing implications of the bill due to a possible risk to human rights.
A preliminary Citizen Lab analysis of the bill also raises questions about how any new information-sharing plans would comply with Canada’s policy on tabling treaties in Parliament.
The analysis released Monday notes the legislation refers to the potential for agreements or arrangements with a foreign state.
The bill also mentions the possibility that people in Canada may be compelled to disclose information by the laws of a foreign state.
The government says the legislation is intended to keep borders secure, fight transnational organized crime, stop the flow of deadly fentanyl and crack down on money laundering.
The government introduced the bill this month under pressure from the administration of U.S. President Donald Trump, which has cited concerns about the southbound flow of irregular migrants and fentanyl in imposing tariffs on Canadian goods.
The bill has won applause from Canada’s police chiefs, the national fentanyl czar and child protection advocates working to protect young people from online predators.
The International Civil Liberties Monitoring Group, a coalition of human rights and civil society organizations, has called for the bill’s withdrawal, saying the government seeks powers related to immigration and police access to personal information that are not related to securing the border.
The Citizen Lab analysis warns the border bill might open the door to Canada’s ratification and implementation of a new data-sharing treaty known as the “second additional protocol” to the Budapest Convention.
The Citizen Lab contends the treaty is designed to bypass existing mutual legal assistance frameworks between countries, and to expand the speed and volume of data-sharing between law enforcement authorities in different countries.
“The United States is a signatory of the treaty and would potentially be making requests for Canadian data under the framework,” the analysis says.
The Citizen Lab also says it has serious reservations about Canada entering into an agreement under the U.S. Clarifying Lawful Overseas Use of Data Act. The legislation allows Washington to sign bilateral agreements with other countries to simplify the sharing of information on criminal justice matters.
The analysis warns that the second additional protocol and the CLOUD Act data-sharing frameworks “have each been shown to carry significant constitutional and human rights risks.”
The Citizen Lab analysis says that the federal policy on tabling treaties in Parliament makes it clear the government should not quietly introduce treaty-implementing legislation through the back door without making its intentions explicit.
This report by The Canadian Press was first published June 16, 2025.
You can support trusted and verified news content like this.
FIPA’s news monitor subscribers, donors and funders help make these available to everyone rather than behind a paywall. We appreciate every contribution because it makes a difference.
If you found this article interesting and useful, please consider contributing here.
