Senior research associate Kate Robertson writes for The Walrus about the potential implications of Canada’s proposed Bill C-22 for future data-sharing agreements with foreign law enforcement agencies. While the legislation would give Ottawa broad new powers to compel technology providers to build surveillance capabilities into their systems, it would also “move the ball up the field towards a CLOUD Act agreement” with the United States. 

The CLOUD Act, currently being negotiated between the two countries behind closed doors, “could give agencies like the FBI the power to carry out real-time surveillance including wiretaps and phone hacking in Canada.” Despite concerns about the “serious threat” to the rule of law in the United States, the Canadian government has “not yet signaled any reluctance to strike a deal, despite the turmoil south of the border,” says Robertson.  

Although surveillance law reform has been a top issue for the U.S. in trade negotiations, the Canadian government has not provided an explanation about why the U.S. is pressuring Canada to pass these reforms. “In the absence of public transparency,” Robertson writes, “observers are left to read between the lines.”