These new rules contain other orders and rules on voluntary disclosure, challenging the requests, exigent circumstances, and foreign orders for the same information. I plan to unpack these rules in the coming weeks. For example, there are concerns about the thresholds that the production orders envision, namely the low “reasonable grounds to suspect” standard. However, the main takeaway here is that the government has significantly limited the scope of warrantless information demand powers, now focusing solely on telecommunications providers and whether they provide service to a particular individual. Access to more personal information will require oversight. That’s a major concession and highlights how Bill C-2 was too broad, dangerous from a privacy perspective, and unlikely to pass constitutional muster.
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