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TOP STORY
The Carney government has been quite open about its intention to fast-track legislation through the first sitting of Parliament. The Liberals booked just four weeks of House of Commons sittings before a summer break that would last until mid-September, and in that time they intended to ram through a package of omnibus bills intended to address what the throne speech referred to as “challenges that are unprecedented in our lifetimes.”
As pitched, the legislative agenda was quite simple: A tax cut, a border security bill, and a “One Canadian Economy Act” to pepper the country with “nation-building projects.” But in the fine print of these fast-tracked bills are some noticeably controversial new laws and bans that, in some cases, have very little to do with the bill’s cited purpose.
Below, a guide to the unexpected new rules and decrees buried in the Carney government’s first big legislative push. And a note that most of these were not passed before Canada Day as planned, so they’ll still be up for amendment when Parliament reconvenes in September.
A ban on making large purchases with cash
The first major bill tabled by the Carney government was Bill C-2, the Strong Borders Act. The act codifies many of the border security measures that Ottawa promised to U.S. President Donald Trump back in January in an ultimately unsuccessful attempt to avoid a trade war.
In addition to tighzening border security, the Strong Borders Act would “combat transnational organized crime, stop the flow of illegal fentanyl, and crack down on money laundering,” according to a backgrounder.
But one of those organized crime measures includes a ban on paying cash for anything costing more than $10,000. The payer doesn’t need to be a criminal; Bill C-2 simply declares that any cash payment over $10,000 would automatically become a violation of The Proceeds of Crime and Terrorist Financing Act.
Political parties given blanket amnesty for privacy violations
This provision is tacked onto the end of Bill C-4, the Making Life More Affordable for Canadians Act, a piece of legislation that mostly concerns itself with a one-percentage-point cut to the income tax rate and the official dissolution of the federal carbon tax.
But right at the bill’s end is a package of amendments to the Canada Elections Act that would exempt registered political parties from Canadian privacy laws.
Canadian businesses and non-profits are subject to a latticework of guidelines when it comes to the collection and retention of personal information. As an example, if you ask a corporation to turn over whatever information it has on you, they’re
.
What Bill C-4 would do is give political parties an exemption from all such guidelines, either federally or at the provincial level. What’s more, it backtracks that exemption all the way to the year 2000.
The measures really have nothing to do with the rest of the bill, and they’ve notably showed up before in
that dealt more specifically with elections law.
New police powers to shake down businesses for info on their customers
In addition to its ban on $10,000 cash payments, the Strong Borders Act would allow police to demand businesses turn over client info upon request, and without a warrant.
This is referred to as “lawful access,” and it’s something that police have been trying to get encoded into federal law since at least 2012. That was the year when a Conservative attempt to introduce the same fell apart following overwhelming public opposition.
Lawful access is usually framed as something that would apply to internet companies, allowing police to demand the identities of anonymous web users that they deem to be up to no good. But the Strong Borders Act
to everyone from doctors to car rental companies to hotels. All police would need is “reasonable grounds to suspect” that an offence “has been or will be committed,” and then they’d be able to compel any of these businesses to clandestinely turn over private information on their clients.
Unprecedented powers for the prime minister to waive laws for favoured companies
The bill that’s gotten the most attention in the current session of Parliament is Bill C-5, the One Canadian Economy Act. This is the one that would give cabinet the power to earmark “national interest projects” that could be exempt from select federal laws, including the Indian Act, the Impact Assessment Act and even the Migratory Birds Convention Act. It is also the only bill on this list that passed before the summer break; it passed third reading late on Friday night.
The bill is being pitched as a way to speed through approvals for mines, highways, pipelines, ports and all the other “nation-building projects” being promised by the Carney government. This is part of why it’s received broad support from the Conservative caucus.
But if Bill C-5 is intended to slash red tape, it only extends it to businesses in the good graces of the prime minister. Bill C-5, in its unamended form, gives the prime minister unilateral control over which companies would be spared the odyssey of the typical Canadian approvals process, and which wouldn’t. It’s for this reason that Liberal MP Karina Gould has called it the “King Carney” bill.
Thousands of instantaneous new Canadian citizens
Bill C-3 is easily the most straight-forward piece of legislation on this list, but it’s also the one that could end up having the most far-reaching impacts. It’s a package of amendments to the Citizenship Act that would extend citizenship to the foreign-born children of Canadian expats.
One scenario cited by defenders of the bill could be the case of a Canadian Armed Forces soldier who has a child while deployed overseas. But Bill C-3 is broad enough that it would allow citizenship to be claimed by anyone born overseas whose parent is a Canadian and has spent at least 1,095 days in the country. So, in extreme cases, the child of someone who left Canada as a toddler could be eligible for Canadian citizenship. The standard is loose enough that it’s
how many instant Canadians this would create.
The Liberals could claim that none of this is their idea, and that they’re simply fulfilling the terms of an Ontario Superior Court decision which found that it violated the Charter of Rights and Freedoms to place a “first-generation limit” on citizenship. However, the federal government acknowledged that it never bothered to appeal the ruling, explaining in a backgrounder that “we agree that the current law has unacceptable consequences for Canadians whose children were born outside the country.”
IN OTHER NEWS
The Taiwanese Ministry of Foreign Affairs has complained to the CBC after the Canadian broadcaster referred to Taiwan roughly the same way Beijing would: As a non-sovereign territory of dubious ownership. An initial story about Buddhist organizations in Atlantic Canada actually got it right, calling Taiwan “a country that China is threatening to invade.” But a correction, posted to the CBC website, said that Taiwan was actually “a self-governing island, and there is dispute around who controls it.” The correction was picked up
by the English-language Taiwan News
, who quoted Taiwan’s Ministry of Foreign Affairs as expressing suspicion that CBC had been driven to publish the correction out of deference to China.
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