Civil Liberties Group Challenges Spying Allegations in Court

This article was last updated on April 16, 2022

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The BC Civil Liberties Association has challenged a government agency in court, alleging that its surveillance is unconstitutional. Court documents say that the spying from the Communications Security Establishment Canada is even worse here than they are in the US. The lawyer representing BCCLA, Joseph Arvay, stated that the CSEC currently has the authority to go through our emails, texts and listen to phone calls when you are chatting with someone outside of Canada.

In a statement issued by Mr. Arvay, he claims that “not only will such espionage violate Canadians reasonable expectation of privacy, but we say this regime also constitutes a serious infringement on our freedom of expression.” However, Arvay pointed out that unlike the United States, Canada does not even have a court or committee that is monitoring CSEC. He alleged that “there are no or no effective checks on the spy. It is obvious that the spy will engage in espionage that goes far beyond what would ever be permitted by a system of prior authorization by the judiciary.”

BCCLA’s lawyer gave examples of other countries where government agencies have a tendency to push and even break the boundaries of spying unless they are checked. He mentioned that “knowing what we all now know, such untrammelled spying will cause Canadians to now sensor themselves on matters that are perfectly legal.” It was highlighted that the CSEC is currently operating under a ministerial directive, issued by the Minister of National Defence in 2011.

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