Bill C-2 Backgrounder: New Search Powers in the Strong Borders Act and Their Charter Compliance

Abstract

Bill C-2, tabled in June of 2025, will bring about the most significant expansion of investigative search powers in Canada in over a decade, along with a long sought after lawful access regime for compelling assistance from electronic service providers. This article provides a concise overview of these powers, places them in context by noting how they expand or amend existing authority, and comments on their constitutional validity. Powers in bill C-2 are canvassed here in three groups: those relating cross-border traffic, domestic investigations, and technical assistance with access to data.

Keywords: Lawful access, C-2, Charter, Search, Privacy, Police, Information demand, service providers, subscriber information, seizure, data sharing