Strong Borders Act

On June 3, 2025, the Government of Canada introduced the Strong Borders Act (Bill C-2), a significant legislative proposal aimed at enhancing border security and modernizing Canada’s immigration and asylum systems.

Understanding the Strong Borders Act Bill C-2 and Its Implications for Canadian Immigration

Understanding the Strong Borders Act Bill C-2 and Its Implications for Canadian Immigration

Date: Jun 3, 2025 by Borders Law Firm

On June 3, 2025, the Government of Canada introduced the Strong Borders Act (Bill C-2), a significant legislative proposal aimed at enhancing border security and modernizing Canada’s immigration and asylum systems. This bill proposes amendments to the Immigration and Refugee Protection Act (IRPA) and the Department of Citizenship and Immigration Act, introducing changes that could reshape the immigration process for applicants, stakeholders, and legal representatives. Below, we explore the key provisions of the Strong Borders Act and their potential impact on applicants, focusing on the new authorities granted to Immigration, Refugees and Citizenship Canada (IRCC) and the implications for those pursuing Canadian immigration benefits.

Key Provisions of the Strong Borders Act

The Strong Borders Act introduces several amendments designed to streamline immigration processes, strengthen system integrity, and enhance national security. The following are the primary changes outlined in the proposed legislation:

Enhanced Information Sharing
The amendments authorize IRCC to share client information—such as identity, immigration status, and documentation—with federal, provincial, and territorial partners through signed agreements. Additionally, the changes facilitate data sharing between IRCC programs (e.g., using permanent residence application data for citizenship applications) and allow for regulations to enable cooperation across federal departments. These measures aim to improve efficiency and coordination but raise considerations about privacy and data security for applicants.
Strengthened Control Over Immigration Documents
The Act grants IRCC expanded powers to cancel, suspend, or modify groups of immigration documents in the public interest, particularly for reasons related to public health or national security. IRCC may also pause the acceptance of new applications or halt the processing of existing applications in its inventory. These authorities provide the government with greater flexibility to respond to emerging challenges but introduce significant uncertainty for applicants.
Modernization of the Asylum System
The proposed changes aim to make the asylum system more efficient and accessible by simplifying the online application process and standardizing procedures at ports of entry and inland IRCC offices. Complete claims will be referred more quickly to the Immigration and Refugee Board of Canada (IRB), with decisions made only when claimants are physically present in Canada. The Act also introduces measures to remove inactive cases, expedite voluntary departures, and provide representatives to support vulnerable claimants, such as minors or those unfamiliar with the process.
New Ineligibility Provisions for Asylum Claims
To protect the asylum system from sudden surges in claims, the Act introduces two ineligibility measures:
- Asylum claims made more than one year after an individual’s arrival in Canada (post-June 24, 2020) will not be referred to the IRB. This applies to all individuals, including students and temporary residents, regardless of whether they left and re-entered Canada.
- Asylum claims made by individuals entering from the United States at the land border between ports of entry will not be referred to the IRB if filed more than 14 days after entry.
  Affected individuals may still apply for a Pre-Removal Risk Assessment (PRRA) to ensure they are not returned to a country where they face harm.

Implications of IRCC’s Expanded Powers to Cancel Applications

One of the most significant aspects of the Strong Borders Act is the authority granted to IRCC to abruptly cancel, suspend, or pause immigration applications already in process. While these powers are intended to safeguard public interest, they introduce a layer of uncertainty for applicants who have invested significant time, financial resources, and emotional energy into their immigration journey.

For many foreign nationals, the decision to pursue Canadian immigration involves substantial commitments, such as paying application fees, hiring legal representation, obtaining documentation, and, in some cases, relocating or making career sacrifices. The possibility that IRCC could halt or cancel applications mid-process—potentially for broad reasons like public health or national security—may create concerns about the predictability and reliability of Canada’s immigration system.

This increased uncertainty could arguably give rise to claims of detrimental reliance, where applicants assert that they made decisions based on reasonable expectations of a stable and transparent immigration process, only to face unexpected disruptions. For instance, an applicant who has spent years preparing for permanent residency might face financial and personal losses if their application is paused or canceled without clear recourse. While the government’s intent is to enhance system flexibility and security, applicants may perceive these measures as undermining the fairness and consistency of the immigration process.

Applicants and their legal representatives should remain vigilant about these developments, as the implementation of the Strong Borders Act could affect processing times, eligibility criteria, and application strategies. Those currently navigating the immigration system may benefit from consulting with experienced immigration counsel to understand how these changes could impact their specific circumstances and to explore options for mitigating risks.

We note that The Strong Borders Act is not law, it is only a new Bill that has been introduced in Parliament. We will monitor its development over the coming months.

https://www.cbc.ca/news/canada/windsor/bill-c2-is-anti-refugee-and-anti-immigrant-experts-warn-1.7553167

Bill C-2, known as the Strong Borders Act, was introduced by the Canadian government in June 2025 to address border security, combat organized crime, and enhance anti-money laundering measures. However, it has raised significant concerns about its impact on Canadians’ privacy rights due to provisions that expand law enforcement and government access to personal information. Below is an analysis of how Bill C-2 may affect privacy rights, based on available information:

Key Provisions Impacting Privacy Rights

Warrantless Access to Internet Subscriber Data:

The bill includes provisions allowing law enforcement to access basic subscriber information (e.g., name, address, phone number, email address, IP address, and device identifiers) from Internet service providers (ISPs) without a warrant in certain circumstances.
This is particularly concerning because the Supreme Court of Canada has previously ruled that there is a reasonable expectation of privacy in subscriber data, meaning warrantless access could conflict with Section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable search and seizure.

Expanded Canada Post Inspection Powers:

Bill C-2 proposes to broaden Canada Post’s authority to open mail as part of criminal investigations, potentially without a warrant in urgent situations (e.g., cases involving live child abuse).
This raises concerns about the privacy of personal correspondence, as it could allow government access to private communications without sufficient oversight.

Access to Data Held by Electronic Service Providers:

The bill establishes new powers for law enforcement and the Canadian Security Intelligence Service (CSIS) to demand information from electronic service providers, including global production orders for subscriber data.
It also permits law enforcement to require tech companies to install tracking software on electronic devices covertly, with gag orders preventing companies from disclosing such actions to users.
These measures could lead to widespread surveillance of digital activities, impacting the privacy of law-abiding Canadians.

Information Sharing with Domestic and International Partners:

The bill amends the Canadian Security Intelligence Service Act to facilitate CSIS access to basic information through information demands and judicial orders. It also allows the Royal Canadian Mounted Police (RCMP) to share data on registered sex offenders with international partners, including the United States.
While the government claims safeguards are in place (e.g., judicial oversight for some data-sharing activities), critics argue that the expanded scope of information sharing, especially across borders, risks misuse of personal data.

Amendments to Anti-Money Laundering Laws:

The bill modifies the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to strengthen compliance and enforcement, including restrictions on large cash transactions and third-party cash deposits. Businesses must register with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and may share data with the Office of the Commissioner of Canada Elections.
These measures could increase monitoring of financial transactions, potentially capturing personal financial data of individuals not involved in criminal activity.

Canadian Coast Guard’s New Security Mandate:

The bill grants the Canadian Coast Guard authority to conduct security patrols and share information with military and intelligence agencies, particularly in the Arctic.
This expansion could lead to increased surveillance in remote areas, potentially affecting the privacy of individuals in those regions.

Safeguards and Government Claims

The government asserts that Bill C-2 aligns with the Canadian Charter of Rights and Freedoms and includes safeguards to protect privacy. For instance, Public Safety Minister Gary Anandasangaree has stated that data collection and sharing powers are balanced with protections, such as judicial oversight for certain actions.
The bill specifies that personal information sharing within government departments is subject to regulations and lawful authority, referencing the Privacy Act.
However, critics argue that these safeguards are insufficient, particularly given the allowance for warrantless access in “urgent, time-sensitive circumstances” and the lack of transparency around covert surveillance measures.

Privacy Concerns and Criticisms

Erosion of Charter Rights: Provisions allowing warrantless data access and mail inspection may violate Section 8 (protection against unreasonable search and seizure) and Section 2(b) (freedom of expression) of the Charter, as they could enable broad surveillance without adequate justification.
Lack of Transparency: The inclusion of gag orders for tech companies and the covert installation of tracking software raises concerns about accountability and the ability of individuals to know when their data is accessed.
Overreach Beyond Border Security: Critics, including privacy experts like Michael Geist, argue that the bill’s surveillance provisions are unrelated to its stated goal of border security, resembling a “law enforcement wish list” that has been repeatedly rejected in past lawful access proposals.
Impact on Civil Liberties: Posts on X and analyses highlight concerns that the bill prioritizes security over civil liberties, with measures like cash transaction bans and data demands from businesses potentially affecting law-abiding citizens.
Insufficient Oversight: While judicial oversight is mentioned, the allowance for warrantless access in certain cases and the broad scope of data demands suggest oversight may be inadequate to protect privacy.

Potential Impacts on Canadians

Increased Surveillance: Canadians may face heightened monitoring of their online activities, communications, and financial transactions, even if they are not suspected of criminal activity.
Chilling Effect: The knowledge that personal data or mail could be accessed without a warrant may discourage free expression and lawful behavior, particularly online.
Risk to Vulnerable Groups: Expanded data-sharing with international partners could expose sensitive personal information, potentially affecting asylum seekers or individuals in sensitive situations.
Erosion of Trust: The lack of transparency and robust safeguards may undermine public trust in government institutions and their handling of personal information.

Comparison to Other Privacy Legislation

Unlike Bill C-27 (the Digital Charter Implementation Act), which focuses on modernizing private-sector privacy laws and regulating AI, Bill C-2 primarily enhances public-sector surveillance powers.
The concerns with Bill C-2 echo those raised about the 2006 Federal Accountability Act (also labeled C-2), which weakened privacy protections for some Crown corporations by moving them from PIPEDA to the less robust Privacy Act.
Critics argue that Bill C-2’s measures are more invasive than those in comparable international laws, such as the EU’s GDPR, which emphasizes strict data protection and user consent.

Current Sentiment and Opposition

Posts on X reflect strong public concern, with users describing the bill as a “surveillance blueprint” that permits police to access personal data and open mail without oversight.
The Conservative Party has criticized the bill for failing to address other crime-related reforms while raising privacy concerns, and the Bloc Québécois supports it in principle but has not explicitly addressed privacy implications.
Privacy advocates, such as Michael Geist, warn that the bill revives controversial lawful access proposals that have been rejected due to privacy concerns.

Recommendations for Canadians

Stay Informed: Monitor updates on Bill C-2’s progress through Parliament, as it is currently at the first reading stage (as of June 2025).
Engage with Policymakers: Contact MPs or participate in public consultations to voice concerns about privacy implications.
Review Privacy Practices: Be cautious about personal data shared online, as service providers may be compelled to disclose it without notification.
Support Advocacy Groups: Engage with organizations like the Office of the Privacy Commissioner of Canada, which has historically advocated for stronger privacy protections.

Conclusion

Bill C-2’s provisions, while aimed at enhancing border security and combating crime, significantly expand government and law enforcement access to personal data, often without warrants or sufficient oversight. This raises serious concerns about violations of privacy rights under the Canadian Charter of Rights and Freedoms, particularly regarding unreasonable searches and seizures. While the government claims safeguards are in place, critics argue that the bill’s broad surveillance powers and lack of transparency could erode civil liberties and public trust. Canadians should remain vigilant as the bill progresses through Parliament, as its final form could have lasting impacts on privacy rights.

Note: For the most accurate and up-to-date information, check the official Parliament of Canada website (www.parl.ca) for the bill’s text and status. If you have specific concerns about how this bill might affect you, consider consulting a legal professional or contacting the Office of the Privacy Commissioner of Canada.

Here are some YouTube videos that discuss privacy concerns related to Canadian Bill C-2, the Strong Borders Act, based on available information:

#LawfulAccess is back: An overview of Part 14 of Bill C-2: Strong Borders Act

Link: https://www.youtube.com/watch?v=undefined
Description: This video provides an overview of Part 14 of Bill C-2, focusing on the lawful access provisions that allow law enforcement to access Internet subscriber information without a warrant, raising significant privacy concerns. It discusses the implications for Canadians’ privacy rights and the bill’s broader surveillance measures.

Privacy Concerns Over Liberal Border Bill – CBC News

Link: https://www.youtube.com/watch?v=undefined
Description: This CBC News segment addresses privacy concerns surrounding Bill C-2, highlighting provisions that expand police powers to access personal data without a warrant. It includes commentary from experts like Shakir Rahim of the Canadian Civil Liberties Association and Michael Geist, who criticize the bill’s potential to violate Charter rights.

John Carpay on the Northern Perspective Show – Bill C-2 Privacy Threats

Link: https://www.youtube.com/watch?v=1TJBHXqZox
Description: John Carpay from the Justice Centre for Constitutional Freedoms discusses Bill C-2 on the Northern Perspective show, describing it as the “Strong Surveillance Act” due to its provisions for warrantless data access and mail inspection, which threaten Canadians’ privacy.

Note: The exact YouTube links for some videos may not be directly accessible from the provided search results, as they were marked as “undefined” in the metadata. You can search YouTube directly for these titles or check the referenced sources (e.g., CBC News, Northern Perspective) for the latest video uploads. Alternatively, visit the websites of organizations like the Canadian Civil Liberties Association (www.ccla.org) or Michael Geist’s blog (www.michaelgeist.ca) for related content, as they may link to additional video discussions. If you need help finding specific videos, let me know, and I can guide you on searching YouTube effectively!