Diab questions whether the retention amendment meaningfully narrows the power
Robert DiabLaw professor at Thompson Rivers University
Diab criticizes the breadth of the amended retention power.
“This is still a power to order the retention of almost everyone’s metadata without individualized suspicion for a significant period of time.”
Analysis
Where this statement fits
Canada's Bill C-22: Dhillon backs lawful access; Simons warns of security risks
Senator Baltej Dhillon defends the lawful-access framework in Part 2 of Bill C-22. Senators Paula Simons and Yuen Pau Woo question its privacy, cybersecurity and oversight safeguards. The House-passed text lets the federal cabinet require designated providers to keep categories of metadata for up to six months. As of October 24, 2026, the bill was before a Senate committee and was not law.
Source and context
Analysis
About this source
Diab considers the amended text and questions whether its safeguards resolve privacy concerns.
Archived copy (opens in a new tab)Before the quotation
His analysis considers the Commons amendments.
After the quotation
He argues that metadata retention engages section 8 of the Charter, regardless of its duration.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case concerns Bill C-22 Part 2's proposed mandatory capabilities, metadata retention and safeguards. Diab criticizes the breadth of the amended retention power.
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More from this case
Read the full caseWoo says the government has not justified the added risks
“I do not believe it has yet done so.”Read statement
Simons warns Bill C-22's compelled capabilities would weaken cybersecurity
“no way to create a secret passage”Read statement
Dhillon backs Bill C-22's framework for investigative powers
“Our responsibility is to build a Canadian framework that responds to genuine investigative needs and complies with our Charter, our legal traditions and our commitment to cybersecurity. Law enforcement and the Canadian Security Intelligence Service, or CSIS, must be able to adapt, but that adaptability must remain bound by law, independent authorization and meaningful review. Bill C-22 provides a framework for that work.”Read statement
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The Dispute Index. "Diab questions whether the retention amendment meaningfully narrows the power". First published: 2026-10-25. Last updated: 2026-10-25. https://disputeindex.com/events/6723-diab-criticizes-the-breadth-of-the-amended-retention