Liberals hoped their border bill would quickly pass. Now they're aiming for next year

unity of ground government minister deutschmark Carney’s number one orders of business after securing a win during the spring federal election was to introduce a border security bill. 

It was heralded by Liberals as a signature piece of legislation to help harden the 49th parallel and advance a trade deal with the White House.

Fast-forward five months: Trade talks have soured and the bill has gone through the wringer when it comes to public criticism, been split in two and faced further calls for amendments.

With opposition parties questioning both bills, the Liberals are looking at a battle to fufil a key election promise and get them through a minority Parliament.

“They have a disaster on their hands,” said NDP MP Jenny Kwan.

The fight comes as Canada hosts a meeting of G7 security ministers this weekend in Ottawa where border security and immigration are likely to be raised.

Here’s where things stand.

The original Strong Borders Act, Bill C-2, was introduced in June and came in response to sustained pressure from U.S. President Donald Trump, who justified his trade war citing concerns about the southbound flow of migrants and fentanyl. 

The legislation included measures that would update surveillance powers for security and intelligence agencies, tighten the asylum claim system and clamp down on the chemicals used to make illicit drugs.

It’s in addition to the more than $1 billion in new spending on border security Ottawa has committed to, including purchasing surveillance technology like drones and better staffing both the RCMP and Canada Border Services Agency.  

The initial bill received praise from police chiefs across the country, the fentanyl czar and child protection advocates.

It also attracted accusations of government overreach. More than 300 civil society organizations called on the Liberals to withdraw the bill, saying it threatened freedoms, refugee and migrant rights and the privacy of all Canadians.

Last month, the Liberals made the move to split the bill in hopes of getting some of the border protection-specific measures through Parliament and into law more quickly, with a promise to return to the more contentious issues down the road. 

The new legislation essentially lifts elements out of the old bill, including the drug control elements and provisions around the immigration and refugee system, and drops them into what’s now been introduced as Bill C-12.

Liberals introduce 2nd border bill without 'contentious elements' of 1st one

The lawful access measures, which would give authorities faster and more reliable access to personal information in investigations, remain in what’s left of Bill C-2.

The bills are now moving on two separate legislative tracks, with Bill C-12 going first.  

But the Conservatives and NDP have flagged serious concerns with both, hinting at a parliamentary showdown in the months to come. 

On Thursday, Conservative immigration critic Michelle Rempel Garner vowed to “amend the heck” out of Bill C-12 at committee next week, arguing the measures targeting the asylum system don’t go far enough. 

Her proposed changes include a ban on asylum claims from people who travelled from an EU country or a G7 member country. Canada already turns back back most asylum claimants if they arrive from the U.S. Under the Safe Third Country Agreement.

The veteran Calgary MP said she'd also move to include an amendment denying access to social benefits, except emergency medical treatment, for those with a failed asylum claim.

“I think everybody in Canada, every political stripe, should be deeply concerned with public polling data that shows that Canadians are losing faith in the immigration system,” she said during a news conference on Parliament Hill.

She said if the Liberals “are serious about restoring confidence” in Canada’s immigration system they would “steal these ideas” and amend the bill. 

"We're right on a precipice in Canada right now,” she said. 

Government House leader Steven MacKinnon appeared to shoot that down, saying the Conservatives are “full of hot air.”

“This bill was presented to the last Parliament, in terms of the immigration measures, and they stalled and sat on it and filibustered and didn’t deal with it” he said Thursday afternoon. 

“This could have been dealt with a year ago, and it’s time to move on from that kind of nonsense.”

Bill C-12 is being studied by both the public safety and immigration committees. They both are made up of four Liberals, four Conservatives and one Bloc Québécois MP. If the government and Official Opposition MPs vote along party lines at committee then the balance of power rests with the Bloc. 

But in recent years, Bloc MPs have argued for a tougher asylum regime.

The NDP does not have official party status in the House and therefore doesn’t sit on committees, but plans to present its own amendments. 

Border bill 'should be alarming' to Canadians, says NDP critic

Kwan, the party’s immigration and public safety critic, said she doesn't see a world where the NDP would support Bill C-12 as-is or with the amendments the Conservatives are proposing. 

She argues the bill tramples over refugees’ rights.

If it passes, asylum claims would also have to be made within a year of entering the country, including for international students and temporary residents. It allows officials to cancel, suspend or change immigration documents immediately, pause the acceptance of new applications and cancel applications already in process if deemed in the public interest. 

“This is unbelievable to me that the government is proceeding with such draconian measures that puts people's lives in jeopardy,” Kwan said. 

On Wednesday, the Liberals put Bill C-2 back in the spotlight and accused the Conservatives of “choosing to delay public safety” by not supporting the bill.

“We’re willing to make sure that the language that’s in the legislation is strengthened. We know it’s not perfect, but we also know that we have a process that can make it even better,” Public Safety Minister Gary Anandasangaree, the sponsor of both bills, said during a news conference. 

“Canada remains the only Five Eyes country not to have a lawful access regime. In fact, our laws are at least 30 years old, and we risk being left far behind."

He pointed to a recent report from one of the country's intelligence watchdogs which warned that agencies like the RCMP and the Canadian Security Intelligence Service face (CSIS) "significant challenges" detecting and responding to security threats due to limits around lawful access. 

Responding the next day, Conservative public safety critic Frank Caputo suggested the Liberals can anticipate proposed amendments to Bill C-2, saying he doesn’t believe the bill's most controversial elements around access to Canadians’ information were “sufficiently consulted on.”

“I don't think it's a barrier on Conservatives’ end. It's a barrier on Canadians’ end,” he said.

“It has sweeping measures in it. It seems to me that the Liberals didn't do their appropriate consultations with constitutional lawyers. Conservatives aren't opposed to appropriate constitutionally compliant legislation.” 

Strong Borders Act raises concern about police access to personal data

Kwan said her party’s seven MPs won’t support C-2 citing privacy and civil liberty concerns.

“The government made a promise to Canadians that they want to create safer borders, which Canadians support. NDP members support it as well. However, they brought in the piece of legislation that goes far and above,” she said.

“I don't think Canadians signed up for that.”

A spokesperson for Anandasangaree said there is still hope to get both bills passed, but acknowledged some language may change.

The minister’s office didn’t give a timeframe, only saying the hope is to have Bill C-12 passed next year, with C-2 to follow.

Reporter

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