The Most Significant Expansion of State Power in Canadian History
By Stan McDonald
While public attention focuses on individual pieces of legislation, a comprehensive surveillance apparatus is being constructed through three interconnected bills that together represent the most significant expansion of state power in Canadian history. Bills C-2, C-8, and C-9 are not separate initiatives—they are components of an integrated system designed to monitor, control, and punish digital expression across Canada.
Civil liberties experts and constitutional lawyers warn that when these bills are examined together, they reveal a coordinated plan to eliminate privacy, control information infrastructure, and criminalize dissent—all under the benign cover of “border security,” “cybersecurity,” and “combating hate.”
The Three-Pillar Surveillance Architecture
Bill C-2: The Data Collection Engine
Official Name: Strong Borders Act[1][2]
Real Purpose: Massive expansion of warrantless surveillance powers[3]
Bill C-2, introduced in June 2025, was marketed as border protection legislation to address U.S. concerns about Canadian border security. However, buried within its 400+ pages are “the most extensive surveillance powers proposed by any Canadian government in the past decade,” according to Professor Robert Diab of Thompson Rivers University.[4][3]
Key Surveillance Mechanisms:
1. Warrantless Data Access: The bill dramatically expands the definition of “subscriber information” that police can obtain without warrants, going far beyond the Supreme Court’s narrow definition in R v Spencer to include “information that the subscriber provided to receive services,” “identifiers assigned,” and “information relating to services provided”.[3]
2. Backdoor Installation Powers: Part 15 creates the Supporting Authorized Access to Information Act, which “gives the government the right to compel electronic service providers to grant lawful access to authorized persons to places where data is stored or transmitted”. This includes mandatory installation of surveillance equipment providing real-time access to communications.[2][3]
3. International Data Sharing: The bill facilitates implementation of the Second Additional Protocol treaty with the United States, creating “unprecedented cross-border data-sharing” that subordinates Canadian privacy protections to U.S. surveillance demands.[1]
4. Permanent Secrecy Orders: Service providers face criminal penalties for disclosing government surveillance orders, creating “an astonishing veil of secrecy” around state surveillance activities.[2]
Bill C-8: The Infrastructure Control System
Official Name: Critical Cyber Systems Protection Act[5][6]
Real Purpose: Government control over digital infrastructure and communications
Bill C-8, introduced June 18, 2025, grants the federal government “unprecedented authority over Canadian telecommunications service providers” and critical infrastructure operators. The legislation affects telecommunications, energy, banking, transportation, and nuclear sectors.[7][8]
Key Control Mechanisms:
1. Network Backdoors: The government can “order a company to install a backdoor in a network, block a website, or disable certain technologies, and the company isn’t even allowed to tell the public it happened”.[5]
2. Equipment Control: Authorities can “restrict or ban certain suppliers from operating in Canada, direct providers to remove at-risk equipment already in use, and even suspend or terminate service agreements with vendors deemed high-risk”.[7]
3. Secret Compliance Orders: “Designated operators” must “comply with confidential directives issued by the government” while being prohibited from disclosing the existence or content of such orders.[6]
4. Massive Financial Penalties: Non-compliance triggers penalties of “up to $15 million per day for organizations” and “$1 million per day for individuals”.[5][7]
Bill C-9: The Enforcement Mechanism
Official Name: Combatting Hate Act[9]
Real Purpose: Criminal prosecution of digital dissent
Bill C-9 provides the criminal enforcement mechanism for the surveillance infrastructure established by C-2 and the control systems created by C-8. While C-2 collects data and C-8 controls infrastructure, C-9 criminalizes the expression that surveillance detects.
Don’t lose touch with uncensored news! Join our mailing list today.
Key Criminalization Powers:
1. Elimination of Prosecutorial Oversight: Removal of Attorney General consent requirements allows police to initiate hate speech prosecutions based on personal beliefs.[10]
2. Symbol and Meme Criminalization: “Wilful promotion of hatred through public display of terrorism or hate symbols” could capture satirical content, historical references, and political commentary.[11]
3. Thought Crime Enhancement: Any crime can be upgraded to “hate-motivated” based on subjective determination of intent, carrying penalties up to life imprisonment.[12]
4. Protected Zone Restrictions: Up to 10 years imprisonment for “intimidation” near schools, religious buildings, community centers, creating thousands of protest-free zones across Canada.[13]
The Synergistic Threat: How the Three Bills Work Together
When implemented simultaneously, Bills C-2, C-8, and C-9 create a closed-loop system of total information control:
Phase 1 (C-2 Data Collection):
- Government obtains comprehensive surveillance powers over all digital communications
- Warrantless access to subscriber data, transmission records, and stored communications
- International data sharing provides foreign intelligence access to Canadian data
- Secret orders prevent public awareness of surveillance scope
Phase 2 (C-8 Infrastructure Control):
- Government gains direct control over telecommunications networks and internet infrastructure
- Backdoor installation enables real-time monitoring of all digital communications
- Website blocking and content filtering suppress opposition voices
- Secret compliance orders prevent public discussion of censorship activities
Phase 3 (C-9 Criminal Enforcement):
- Information collected through C-2 surveillance and C-8 monitoring triggers C-9 prosecutions
- Hate speech charges eliminate remaining dissenting voices
- Property seizure provisions confiscate resources needed for independent expression
- Protected zones criminalize physical protests while digital dissent faces prosecution
The Result: A comprehensive system where government sees everything (C-2), controls everything (C-8), and punishes everything (C-9) that threatens official narratives.
Constitutional Violations Across All Three Bills
Charter Section 8 – Unreasonable Search and Seizure
Supreme Court Standard: R v Spencer (2014) established that subscriber information requests engage “significant privacy interests” requiring judicial authorization.[1]
Violations:
- C-2: Warrantless access to expanded subscriber data violates Spencer protections
- C-8: Mandatory backdoor installation creates “systemic vulnerabilities” violating reasonable expectation of privacy
- C-9: Property seizure based on speech offenses violates proportionality requirements
Charter Section 2(b) – Freedom of Expression
Supreme Court Standard: Irwin Toy (1989) established that expression protection is content-neutral and covers “any activity that conveys meaning”.[14]
Violations:
- C-2: Surveillance chilling effect suppresses protected expression
- C-8: Infrastructure control enables prior restraint through website blocking and content filtering
- C-9: Symbol criminalization and hate speech expansion violate content neutrality
Charter Section 2(c) – Freedom of Assembly
Violations:
- C-2: Surveillance of protest organizers and participants chills assembly rights
- C-8: Communications disruption can prevent protest coordination
- C-9: Protected zones criminalize assembly near thousands of locations
Expert Warnings and Opposition
Legal Community Alarm
Professor Robert Diab (Thompson Rivers University): “Bill C-2 does more to expand the state’s power to access private data in Canada than any law in the past decade.“[3]
Professor Michael Geist (University of Ottawa): Called C-2’s provisions “perhaps one of the biggest overreaches we’ve seen from any government when it comes to Canadian privacy.”[15]
Tim McSorley (International Civil Liberties Monitoring Group): Described the government’s approach as “truly outrageous” and demanded both bills be “rescinded.”[16]
Civil Society Opposition
Over 300 organizations have opposed Bill C-2 alone, while 37 civil rights groups have signed joint letters opposing Bill C-9. The breadth of opposition includes:[13][2]
- Canadian Civil Liberties Association
- Centre for Free Expression
- Justice Centre for Constitutional Freedoms
- International Civil Liberties Monitoring Group
- OpenMedia
- Citizen Lab (University of Toronto)
International Concerns
Citizen Lab researchers warn that C-2’s international data sharing provisions create “human rights dangers particularly acute when it comes to potential sharing of private, sensitive information with foreign governments”. They cite the Maher Arar case as a “chilling example of the dangers of unconditional information sharing”.[1]
Government Strategy: Divide and Conquer
Recognizing mounting opposition, the government has begun splitting controversial bills to reduce scrutiny. On October 7, 2025, the government introduced Bill C-12, removing some of C-2’s most controversial surveillance provisions while maintaining commitment to advancing them separately.[16][15]
Public Safety Minister Gary Anandasangaree confirmed the government “still wants those ‘lawful access’ powers” and will pursue them “under separate legislation” while seeking “broader support” for less controversial border measures.[15]
This divide-and-conquer strategy allows the government to:
- Pass less controversial portions quickly
- Reduce public opposition by fragmenting resistance
- Implement surveillance powers gradually to avoid constitutional challenges
- Claim “consultation” while maintaining core authoritarian objectives
Timeline and Urgency
Current Status (October 2025)
Bill C-2: Under parliamentary review; controversial provisions being moved to separate legislation[16]
Bill C-8: Advancing through committee study; expected quick passage[5]
Bill C-9: Committee study phase; could advance to third reading within weeks[9]
Critical Window: The next 2-4 weeks represent the last opportunity for democratic opposition before these bills advance to final votes and Senate review.
Implementation Timeline
Phase 1 (November-December 2025):
- C-8 infrastructure control powers take effect
- C-9 hate speech prosecutions begin
- Remaining C-2 surveillance powers advanced under new legislation
Phase 2 (2026):
- Full surveillance apparatus operational
- Backdoor installation in major telecommunications networks
- Coordinated enforcement against digital dissent
Phase 3 (2026-2027):
- Complete information control system functional
- Opposition voices eliminated through prosecution and infrastructure control
- Canadian digital communications under permanent government surveillance
What This Means for Every Canadian
Immediate Impacts
Personal Communications: All emails, texts, social media posts, and phone calls subject to warrantless government access[2]
Online Activity: Website visits, downloads, searches, and digital transactions monitored and stored[3]
Financial Privacy: Banking, investment, and purchasing records accessible without judicial oversight[17]
Location Tracking: Movement patterns, travel history, and physical presence monitored through device surveillance[1]
Long-term Consequences
Self-Censorship: Knowledge of comprehensive surveillance creates chilling effect on legitimate expression and democratic participation
Economic Impact: International businesses avoid Canadian operations due to surveillance requirements and lack of privacy protections
Democratic Decay: Political opposition faces systematic surveillance, harassment, and prosecution using state security apparatus
Constitutional Crisis: Fundamental Charter rights become meaningless when government possesses unlimited surveillance and control powers
International Comparisons: Canada Joins Authoritarian Club
The C-2/C-8/C-9 surveillance system places Canada alongside authoritarian regimes rather than democratic allies:
Similar Systems:
- China’s “Great Firewall”: Comprehensive internet monitoring and control
- Russia’s “System of Operational-Investigative Measures”: Warrantless communications surveillance
- Iran’s “National Information Network”: State control over digital infrastructure
Democratic Contrast:
- Germany: Constitutional court struck down similar surveillance laws
- United States: Fourth Amendment requires warrants for digital searches
- European Union: GDPR protections prevent government data collection overreach
Call to Action: Emergency Mobilization Required
The window for democratic opposition is closing rapidly. Here’s what every Canadian must do immediately:
Contact Your Representatives NOW
Find Your MP: ourcommons.ca/members
Senate Contact: sencanada.ca/senators
Prime Minister: 613-992-4211 or pm@pm.gc.ca
Message Template:
“I demand you REJECT Bills C-2, C-8, and C-9. These bills create an unconstitutional surveillance state that violates Charter rights established in Spencer, Keegstra, and Plant cases. The combination of warrantless surveillance (C-2), infrastructure control (C-8), and speech criminalization (C-9) represents the greatest threat to Canadian democracy in our history. Vote NO on all three bills.”
Committee Members (Current Decision Makers)
Justice Committee (Bill C-9):
- Chair: Luc Desilets – Luc.Desilets@parl.gc.ca
- Larry Brock – Larry.Brock@parl.gc.ca
- Anju Dhillon – Anju.Dhillon@parl.gc.ca
Public Safety Committee (Bills C-2/C-8):
- Chair: Ron McKinnon – Ron.McKinnon@parl.gc.ca
- Raquel Dancho – Raquel.Dancho@parl.gc.ca
- Jennifer O’Connell – Jennifer.OConnell@parl.gc.ca
Support Civil Liberties Organizations
Donate Immediately:
- Canadian Civil Liberties Association: ccla.org
- OpenMedia: openmedia.org
- Justice Centre for Constitutional Freedoms: jccf.ca
- Centre for Free Expression: cfe.torontomu.ca
Public Demonstrations
Organize immediately while assembly remains legal:
- Parliament Hill protests
- MP constituency office demonstrations
- Provincial legislature gatherings
- University campus awareness events
Media and Public Education
Share information about the C-2/C-8/C-9 surveillance system:
- Social media campaigns (while platforms remain uncensored)
- Letters to newspaper editors
- Radio call-in shows
- Community presentations
Freedom vs. Control
The passage of Bills C-2, C-8, and C-9 will fundamentally transform Canada from a free democracy into a digital surveillance state where:
- Every communication is monitored by government agencies
- Internet infrastructure is controlled by state authorities
- Political dissent is criminalized through hate speech prosecutions
- Privacy becomes extinct for all Canadian citizens
- Democratic opposition is eliminated through systematic surveillance and prosecution
This is not hyperbole—this is the documented, intended function of these three bills working together.
The Supreme Court precedents in Spencer, Plant, Keegstra, Zundel, and Dagenais provide clear constitutional grounds for opposing this surveillance apparatus. These landmark cases established principles that Bills C-2, C-8, and C-9 systematically violate.
The Final Warning
Canada stands at a constitutional crossroads. The next few weeks will determine whether we remain a free democracy or become a surveillance state where government monitors, controls, and punishes all digital expression.
Bills C-2, C-8, and C-9 represent the most comprehensive assault on Canadian freedom in our nation’s history. They create an integrated system of surveillance, control, and punishment that would make authoritarian regimes envious.
The time for half-measures and polite requests has passed. Every Canadian who values freedom must act immediately and decisively to prevent this surveillance apparatus from becoming law.
Contact your MP today. Join demonstrations tomorrow. Support civil liberties organizations now.
The future of Canadian democracy depends on your action in the next few weeks.
Once these bills become law, it will be too late. The surveillance state, once established, is never voluntarily dismantled.
Act now, or lose your freedom forever.
Emergency Resources:
- Bill texts: parl.ca/legisinfo
- MP contact information: ourcommons.ca/members
- Civil liberties support: ccla.org, openmedia.org, jccf.ca
- Real-time updates: Follow civil liberties organizations on social media while platforms remain uncensored
This is Canada’s last chance to choose freedom over surveillance. Make your choice count.
References:
- https://citizenlab.ca/2025/06/a-preliminary-analysis-of-bill-c-2/
- https://openmedia.org/article/item/bill-c-2-faq-explaining-canadas-dangerous-new-surveillance-law
- https://nationalmagazine.ca/en-ca/articles/law/in-depth/2025/a-big-brother-bill
- https://www.cbc.ca/news/politics/government-border-bill-split-1.7652639
- https://www.blg.com/en/insights/2025/07/bill-c8-revives-canadian-cyber-security-reform-what-critical-infrastructure-sectors-need-to-know
- https://www.blakes.com/insights/house-of-commons-re-introduces-federal-cybersecurity-legislation/
- https://www.dentonsdata.com/from-bill-c-26-to-bill-c-8-house-of-commons-reintroduces-key-cybersecurity-legislation/
- https://www.millerthomson.com/en/insights/technology-ip-and-privacy/bill-c-8-canadas-cybersecurity-overhaul-reboots/
- https://www.parl.ca/legisinfo/en/bill/45-1/c-9
- https://www.jccf.ca/epoch-times-new-hate-crime-bill-criminalizes-feelings-and-restricts-free-speech/
- https://www.parl.ca/DocumentViewer/en/45-1/bill/C-9/first-reading
- https://www.robertdiab.ca/posts/bill-c9/
- https://ccla.org/press-release/civil-society-groups-demand-federal-government-rethink-bill-c-9/
- https://www.aclrc.com/issues/human-rights/know-your-charter-rights/what-does-the-charter-protect/section-2b/
- https://globalnews.ca/news/11470122/border-security-bill-privacy-revamp/
- https://www.cbc.ca/news/politics/liberals-introduce-new-border-bill-9.6932461
- https://www.parl.ca/DocumentViewer/en/45-1/bill/C-2/first-reading
- https://www.instagram.com/reel/DPj3k72AAga/
- https://www.canada.ca/en/public-safety-canada/news/2025/10/government-of-canada-introduces-new-streamlined-legislation-to-strengthen-border-security-and-keep-canadians-safe.html
- https://www.parl.ca/DocumentViewer/en/45-1/bill/C-8/first-reading
- https://www.justice.gc.ca/eng/csj-sjc/pl/charter-charte/c2_2.html
- https://kpmg.com/ca/en/home/insights/2025/09/navigating-bill-c-8-a-strategic-perspective.html
- https://openparliament.ca/bills/45-1/C-8/?tab=stage-2&page=8
- https://www.michaelgeist.ca/2025/10/government-reverses-on-bill-c-2-removes-lawful-access-warrantless-demand-powers-in-new-border-bill/
- https://gowlingwlg.com/en-ca/insights-resources/articles/2025/critical-infrastructure-cyber-security-bill
Stan McDonald is a Canadian entrepreneur and metalworker committed to community advocacy, legal reform, and honest public discourse. He writes on property rights, sovereignty, government accountability, and small business solutions.











