"This enactment amends the Canada Post Corporation Act to designate certain statutes under which items in the course of post may be seized, detained or retained. It makes related amendments to the Criminal Code, the Controlled Drugs and Substances Act and the Cannabis Act ." (S-256, An Act to amend the Canada Post Corporation Act (seizure) and to make related amendments to other Acts, 1st session, 41st Parliament, 2023.) 

Although giving police more authority over seizing packages determined to potentially contain "non-mailable matter" may seem like a good way to reduce drug trafficking within Canada, the proposed amendments may lead to false arrests and discriminatory practices. 

Bill S-256 fails to specify when police would be allowed to search, seize, detain, or retain mail in the course of post. It does not identify the requirements necessary for police to intercept packages. This could lead to discriminatory policing, unnecessary violations of privacy, and the loss of personal possessions. Additionally, constant investigations would inevitably result in Canada Post-Wide delays.

Under the proposed act, police would not be required to alert the intended recipient that their package has been intercepted until after 60 days have passed. This represents a significant issue for individuals with mobility issues and individuals in certain isolated regions who do not have access to a physical pharmacy. These people often rely on Canada Post to deliver their medications. This 60-day notice period could be the difference between life and death for someone who relies on insulin or warfarin.

This act could also allow individuals to falsely and unjustly imprison someone for their own purposes. The proposed addition of subsection 19 to criminal code 490 defines the addressee of an item seized in the course of post as the item's lawful owner. The proposed subsection fails to recognize that mail could be addressed to someone without their knowledge or consent. Under the act and its related amendments, a person could maliciously send illegal materials (to be intercepted by police), leading that person to face criminal charges and/or prison time.

On June 6th, 2023, the second reading of the bill in Senate was completed. Take action today to stop Bill S-256 from becoming law. Email your local MPs and Members of the Senate to further voice your concerns.

The full text of the bill and further information on the bill can be found at: https://www.parl.ca/legisinfo/en/bill/44-1/s-256

If you want to email your local MPs and Members of the Senate, their contact information can be found at:
Senate: https://sencanada.ca/en/contactus
MPs: https://www.ourcommons.ca/en/contact-us

Supporting Articles:
Canada Post’s search policy unconstitutional rules N.L. Supreme Court
https://ici.radio-canada.ca/rci/en/news/1891653/canada-posts-search-policy-unconstitutional-rules-n-l-supreme-court 

Canadian Charter of Rights and Freedoms (Section 8- Search and Seizure)
https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html