Justice committee  Thank you very much. Thank you very much for providing me with the opportunity to speak with you and the committee today. For the purposes of introduction, my name is David Fraser. I'm a partner with the Atlantic Canadian law firm McInnes Cooper, but I do need to emphasize that

Justice committee  Thank you very much, and thanks for asking me those two particular questions. In our Canadian criminal law, there are a number of circumstances where law enforcement agents can go to a justice of the peace or a judge and they have to satisfy whatever that burden of proof is in o

Justice committee  My apologies.

Justice committee  My apologies. I'm used to lecturing at a law school.

Justice committee  I do, by and large. As long as it's coupled with the appropriate judicial oversight, I think the police should have the appropriate tools to investigate crimes whether they happen online or offline.

Justice committee  I am.

Justice committee  I'm not a U.S. lawyer, but I have certainly been involved in cases in which U.S. authorities have been involved.

Justice committee  I do. The only condition I would add to it...or “condition” isn't the right word. As it's written in Bill C-13, it allows a law enforcement officer who requires the preservation of that data to impose any conditions that officer deems fit, which gives too broad and open-ended a l

Justice committee  Ultimately it's a matter of asking them to preserve the information so the law enforcement agency has the time and the opportunity to get the appropriate warrant, and it makes perfect sense.

Justice committee  Specifically you're asking about that in the absence of the availability to order preservation. I'm in agreement with the preservation powers in the bill. Currently, it's my understanding, most telcos do voluntarily cooperate. I know I've been involved in civil matters where we

Justice committee  In my view, the police should be able to obtain just about any information other than privileged information, as long as it's coupled with the appropriate judicial authorization. Absolutely.

Justice committee  There are a whole bunch of moving parts, but without looking at it, I would agree.

Justice committee  I believe so. Yes, I do.

Justice committee  I don't have them in front of me, but I do believe that the general production order power, a general warrant power, and specific wiretap orders generally will cover off most information that's necessary in these circumstances. Then we have these additional ones with respect to t

Justice committee  So if it's somebody walking down the street and—