Thank you, Mr. Chair.
As we were talking about Bill C-26, which is referenced here, I want to quote from a source called OpenMedia.org, which, on November 28, 2023, had an article called “New report by Citizen Lab finds serious Charter concerns with proposed federal cybersecurity legislation, Bill C-26”. I'm going to read it here. It says:
Civil liberties groups welcome call to make Bill C-26’s impact on equality, freedom of expression, and privacy a central consideration of Parliamentary committee study
It goes on to say:
The federal government’s draft cybersecurity legislation, Bill C-26, contains serious deficiencies and risks impacting the Charter rights of people in Canada to equality, freedom of expression, and privacy.
That’s according to a new report by the Citizen Lab at the Munk School of Global Affairs & Public Policy at the University of Toronto, which highlights that Bill C-26’s Charter implications “should be a central consideration for this Committee, and throughout the Parliamentary process ahead.”
The report has been submitted to the House of Commons Public Safety and National Security Committee which is expected to commence its scrutiny of Bill C-26 shortly.
Again, this is from a few weeks ago.
Among the significant Charter concerns identified by the Citizen Lab report’s authors, Kate Robertson and Lina Li, are:
Equality: The absence of key transparency, accountability, and proportionality requirements in Bill C-26 raises equality risks surrounding its implementation. Bill C-26’s lack of safeguards increases the risk that equality-undermining measures will not be adequately prevented or addressed. For example, adverse impacts could undermine efforts to redress disparities in Internet access between rural and Indigenous communities and the rest of Canada; result in mandated rules that impede access to assistive technologies for persons living with disabilities; or expose certain groups, including journalists, lawyers, and dissidents to a heightened threat of hacking and espionage.
There are also concerns with freedom of expression:
Freedom of Expression: Bill C-26’s excessive secrecy jeopardizes the freedom of expression rights of the public, the media, and commercial entities. Courts and government should be open and accessible or risk impeding meaningful discussion on matters of public interest. Such discussion is especially important in the cybersecurity sphere, and greater transparency in Bill C-26 is required to ensure this.
Privacy: Bill C-26’s new information collection and sharing powers are insufficiently bounded or defined, posing a potential privacy risk exacerbated by the absence of key accountability and oversight mechanisms. The bill permits the government to collect the personal information of Canadians, creates criminal offences which incentivise over-sharing, and its extensive secrecy undermines the ability of courts or oversight bodies to assess whether such information collection is proportionate and necessary.
Civil society—