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Canada’s new Strong Borders Act may infringe on Charter rights, including equality and privacy, according to a Library of Parliament report.

Bill C-2, the Strong Borders Act, aims to enhance national security by providing law enforcement with "enhanced tools" for border security. However, reports warn that the legislation's "wide reach" may have Charter implications.

"Balancing national security, public safety, and individual rights is a complex, evolving challenge," noted the Library of Parliament in its preliminary legislative summary of the bill. It has yet to receive royal assent and remains in Second Reading at the House of Commons.

The proposed legislation may violate Charter Sections 7 and 15. It could allow immigration officials to halt or reject applications, disproportionately impacting those fleeing violence or authoritarian regimes. 

Changes to immigration and asylum procedures lack safeguards such as guaranteed legal counsel or judicial review before deportation, the report said.

“While governments have a legitimate interest in implementing measures to safeguard the public, these efforts must be carefully weighed against the rights and freedoms guaranteed under the Charter,” reads the legislative summary.

Public Safety Minister Gary Anandasangaree introduced Bill C-2 on May 26; its first reading was on June 3. This preliminary legislative summary from the Library of Parliament will be officially updated later.

On June 19, Canada's Justice Department issued a Charter statement on Bill C-2, noting its potential impact on Charter rights, including expanded Canada Post search powers that could engage section 8.

Part 16 of the contentious bill would grant federal officials permanent power to secretly collect and share personal financial data based on mere suspicion, bypassing the need for emergency orders to penalize dissenters financially.

Canada Post can currently open mail suspected of hosting dangerous substances or contraband without a warrant. Section 8 of the Charter ensures privacy rights, including protections from unreasonable search or seizure. 

The Charter statement clarified that the information wouldn't reveal communication content, and "reasonable suspicion" would still apply.

Opposition parties and advocacy groups expressed civil liberty concerns, arguing the proposed law is too broad to enhance border security.

“Bill C-2 would give the government the power to search people’s mail on a whim,” said Conservative MP Kerry Diotte. “This does not help catch criminals. The bill is referred to as the Strong Borders Act, but there is poison aplenty in it.”

When earlier questioned about potential abuses, Minister Anandasangaree asserted his lifelong commitment to protecting human rights. “I fundamentally believe we have struck the balance.”

He said it was necessary to modernize the legislative environment around lawful access to information and that the bill was fulfilling the government’s pledge to keep communities safe and work with the United States to bolster border security.

Introduced during trade and security talks with the Trump administration, the bill followed Ottawa's late 2024 adoption of a $1.3 billion border security plan aimed at avoiding U.S. tariffs.