Evidence of meeting #38 for Public Safety and National Security in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was data.

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Nadeau  President, Barreau du Québec
Lefebvre  Chairman and Co-founder, Crypto Québec
Dufresne  Privacy Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada
Marchand  Member, Criminal Law Expert Group, Barreau du Québec
Le Grand Alary  Lawyer, Secretariat of the Order and Legal Affairs, Barreau du Québec
Neuenschwander  Senior Director, User Privacy and Child Safety, Apple Inc.
Israel  Director, Privacy, Surveillance and Technology Program, Canadian Civil Liberties Association
Patell  Director, Government Affairs and Public Policy, Canada, Google
Charlet  Senior Director, Privacy, Safety and Security, Government Affairs and Public Policy, Google
Van Laer  Retired Staff Sergeant, Reservist, Royal Canadian Mounted Police
Thomas Carrique  President, Canadian Association of Chiefs of Police
Brown  Mayor, City of Brampton
Smith  Senior Vice-President, Canadian Telecommunications Association
Ullock  Board Chair, Ontario Child Sexual Exploitation Investigators Association
Chief Nick Milinovich  Deputy Chief of Police, Peel Regional Police
Murray Rankin  Barristor and Solicitor, As an Individual

4:30 p.m.

Conservative

Dane Lloyd Conservative Parkland, AB

Are you concerned about the privacy implications of companies being mandated to hold on to Canadians' metadata for a year?

4:30 p.m.

Privacy Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada

Philippe Dufresne

The longer you keep information, the more there's a risk in terms of a privacy breach and the more there is an impact if there's a privacy breach. One of the principles we put forward is to not retain information longer than is necessary. Again, that's why necessity and proportionality are so important. There will be cases where you need to keep it longer, but that should be tested in every case.

4:30 p.m.

Conservative

Dane Lloyd Conservative Parkland, AB

We've heard of systemic vulnerability. The government has said that it will not introduce systemic vulnerabilities. However, it looks like, under the ministerial orders, it could very well order companies to install things that could create vulnerabilities.

What are your thoughts on that?

4:30 p.m.

Privacy Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada

Philippe Dufresne

I know that there have been debates on this. The bill now has a definition of “systemic vulnerability”. I think I heard government officials say that it is not their intention to diminish this.

What I'm proposing is to make that clear in the legislation. We have a model for that in Australia, where it—

4:30 p.m.

Conservative

Dane Lloyd Conservative Parkland, AB

I'm sorry.

With my final bit of time, Mr. Lefebvre, I heard from a constituent who came to my office last week. He's concerned that if we create potential back doors, which could definitely be done under this legislation—maybe not right away—damaging information about people could be fabricated and added to their accounts to make them look like they're guilty.

Is this a tactic that extortionists use? Could they exploit encryption breakthroughs to do this?

4:30 p.m.

Chairman and Co-founder, Crypto Québec

Luc Lefebvre

If there's a back door, it can basically be used by anybody, even the people who are not supposed to use it.

Obviously, once you have access to data, you can manipulate it in any way. It's obviously something that I would say bad actors, criminals or adversaries could use to fabricate some claim about somebody.

The Chair Liberal Jean-Yves Duclos

Thank you, Mr. Lloyd.

We now go to Mr. Ramsay for five minutes.

Jacques Ramsay Liberal La Prairie—Atateken, QC

Mr. Lefebvre, are metadata encrypted?

4:30 p.m.

Chairman and Co-founder, Crypto Québec

Luc Lefebvre

It depends. Some—

Jacques Ramsay Liberal La Prairie—Atateken, QC

I don't think so.

May 26th, 2026 / 4:30 p.m.

Chairman and Co-founder, Crypto Québec

Luc Lefebvre

Actually, some metadata are encrypted, depending on the system. Signal is a great example.

On Signal, the metadata are encrypted. Data that aren't encrypted include the account creation date and the last date of a user's connectivity. However, once a user is connected to Signal and in their account, there's no way to know who a user is communicating with, when or what the content of their discussions is, as opposed to email.

With an email application, certain data are available: who communicated with who and when, what server the email was sent on, what the subject of the email was. The content of the message isn't necessarily available, but those metadata are. It all depends on the type of system, on the type of encryption the application uses.

In this case, the purpose is to access data that weren't previously available, such as in Signal, by reducing the level of encryption.

Jacques Ramsay Liberal La Prairie—Atateken, QC

Okay. I accept your definition, Mr. Lefebvre. Signal stands out because of the secrecy around its metadata.

Unless I'm mistaken, messages are encrypted most of the time, and the government made clear that it didn't want any information in the messages. We are talking about dates, locations and other such data. That isn't encrypted information. The government isn't on a mission to decrypt people's communications.

Mr. Dufresne, you say that the government is there to go after the bad guys. We aren't there to look at information about people's health. We aren't there for that.

Given that we and our colleagues opposite didn't see your report, can you tell us your main recommendation to ensure that the legislation captures only information relating to criminal activity?

4:35 p.m.

Privacy Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada

Philippe Dufresne

I would say recommendations 1, 2 and 3 in the brief.

The purpose is to limit the type of information that can be obtained. I think that's what the government is trying to do, so specifying the information in question will reassure those who are concerned.

The idea is also to limit the types of persons and entities subject to these orders. As it stands, the production order applies to any person who provides services to the public. That's a broad range of people, so it would be possible to obtain people's medical information, for instance.

I think it should be limited to telecommunications service providers, as in the earlier provisions relating to non-warrant requests. I think that would restrict access to only the information the bill is really trying to capture.

Jacques Ramsay Liberal La Prairie—Atateken, QC

All right. Thank you.

Now I'd like the Quebec bar association representatives to help me out. I'm not a lawyer, but the lawyers you represent include prosecutors.

Isn't that right?

4:35 p.m.

President, Barreau du Québec

Marcel-Olivier Nadeau

I wouldn't say we represent them, Mr. Ramsay, but they are indeed members.

Jacques Ramsay Liberal La Prairie—Atateken, QC

They have to be, since they pay dues.

4:35 p.m.

President, Barreau du Québec

Jacques Ramsay Liberal La Prairie—Atateken, QC

Did you consult them when you were preparing your brief?

4:35 p.m.

President, Barreau du Québec

Marcel-Olivier Nadeau

Yes.

We consulted a panel of criminal law experts. Half the members are criminal lawyers, and the other half are prosecutors.

Jacques Ramsay Liberal La Prairie—Atateken, QC

All right.

You talked about the threshold and the difference between “reasonable grounds to suspect” and “reasonable grounds to believe”.

Obviously, no one is against virtue. Everyone would prefer a higher threshold. The premise of the government, however, is that the information being sought, in other words, metadata, isn't evidence that can be presented to the court. It's information that will help further an investigation, to obtain evidence that can ultimately be used in court. That is why the government used the “reasonable grounds to suspect” threshold instead of “reasonable grounds to believe”. It is an accepted, recognized and well-known legal standard, after all.

4:35 p.m.

President, Barreau du Québec

Marcel-Olivier Nadeau

I'm going to let Mr. Marchand speak to that.

4:35 p.m.

Member, Criminal Law Expert Group, Barreau du Québec

Michel Marchand

In our view, suspicion is too low of a threshold. In Bykovets, the Supreme Court points out how much providing access to an individual's IP address violates their privacy. Obtaining an IP address provides access to everything.

The way the bill is currently worded, with reasonable grounds to suspect as the threshold for a confirmation-of-service demand, the purpose is merely to obtain information that will assist in the investigation. The reason for the demand is not that the suspect may have committed an offence. It's that the information will assist in the investigation.

The authoritative decision on reasonable suspicion establishes that this standard captures a lot of people who are not involved.

It was therefore—

Jacques Ramsay Liberal La Prairie—Atateken, QC

The second condition is precisely why the information will assist in the investigation and—

The Chair Liberal Jean-Yves Duclos

Sorry to cut you off—

Jacques Ramsay Liberal La Prairie—Atateken, QC

I don't agree with you that this provides access to everything. That's not true.