moved that Bill C-22, An Act respecting lawful access, be read the second time and referred to a committee.
Mr. Speaker, before I begin, I would like to thank everyone for being here to take part in this important debate.
First of all, I believe it is essential to understand the context of this debate and the importance of this bill.
It is no secret that public safety and crime in Canada are major political concerns for the government, and of course that reflects the reality that they are major political concerns for Canadians who go about their lives day to day concerned about the reality in their communities. Over the course of the past year now, we have been advancing a framework to address public safety in this country that rests on three key pillars. The first is to adopt stronger laws, including laws that would reform bail and sentencing in this country, laws that would combat hate, and laws that would more forcefully defend Canadians against gender-based violence and, in particular, the exploitation of Canadian children, particularly in an online environment.
The second pillar involves supporting the front line. This includes 1,000 new RCMP officers and 1,000 new officers at our borders, but also support for community organizations that help keep communities safe or support victims. It also includes providing law enforcement with the tools they need to keep our communities safe. The third pillar, which I would suggest is among the most important, is to make upstream investments to help build safer communities and healthier people in the long term, including investments in affordable housing, mental health and addictions, and programs that particularly target at-risk youth, among other things.
Today's bill arises in the context of the second pillar that I mentioned. That pillar, again, is to support the front line. It is easy for us, when we think about support for the front line, to think that it simply means more officers, which it must, as I pointed out, with significant investments in the federal aspect of both the RCMP and the CBSA, but importantly, it requires us to give law enforcement the tools they need.
Our strategy rests on three pillars. First, we are introducing legislation to strengthen criminal law across the country. Second, we are providing support to police officers and others who protect our communities. Third, we are making investments to build safe communities.
I want to focus specifically on this second pillar of giving the tools to law enforcement to help keep our communities safe. It will come as absolutely no surprise to anyone sitting in this chamber or those who live in our communities across Canada that the world we live in has changed over time and continues to change. In particular, the rapid pace of technological change demands that governments take actions to ensure that our laws reflect the reality in which we live today, not simply positioning us to address threats that existed during our childhood.
When we think about the way the world has modernized, we quickly come to understand that so, too, have criminal organizations. The use of technology is so prevalent that it has become a primary way in which crimes are committed across borders, often in a digital environment. All of us are walking around with powerful phones in our pockets that allow us to engage with people in a moment around the world. We have access to networks of people we can keep in touch with, primarily for ordinary purposes, but we cannot be blind to the fact that there are criminal actors in this country and around the world who use that technology for unsavoury purposes.
We think about the ability of organized crime not simply to use digital communications but to communicate across borders in real time to facilitate the commission of very serious crimes. In my many conversations with law enforcement over the past year, they have pointed to the fact that this technology is often being used at a prolific rate when it comes to the commission of crimes relating to extortion in this country, often violent extortion in this country. We are being told repeatedly that home invasions and auto thefts are not simply one-off examples of isolated actors who are simply behaving badly on a particular day, but the result of sophisticated criminal organizations that have established a network and are using technology to communicate with those who are committing crimes on the ground.
We also know that when it comes to the very serious, most heinous crimes in Canada, sexual exploitation and abuse material are being committed against children. We know that the digital environment has caused the number of instances of this absolutely horrific criminal behaviour to increase dramatically in the number of examples we can find. One thing that is particularly challenging when it comes to the use of technology to commit these different kinds of atrocious criminal acts is the anonymity of the person who is doing wrong. It is not possible for the police to arrest an IP address or to investigate a phone number and bring it to prosecution. We have to understand that there are human beings who are willing to do bad things for their own personal gain and hide behind the anonymity that this technology can provide. If we want to keep Canadians safe, we must advance the law in a way that reflects the changes to technology.
I often speak with police officers and representatives of organizations that protect our communities. They tell me that as technology changes, the laws need to change along with it. Right now, criminal organizations can use technology to commit crimes with complete anonymity. It is not okay to simply accept these problems. We need to tackle these challenges by changing the laws, specifically the Criminal Code.
That is where this particular piece of legislation comes in. If we want the law to keep up with crime, we have to realize where we have fallen behind. This is where the concept of lawful access comes in, in the appropriately named lawful access act. Over the last number of years, countries around the world have been advancing their laws in a way that allows them to gain access to critical information, where a criminal investigation is taking place, to ensure that they are actually able to move forward with that investigation in order to stop crime and to prevent it, in the best case, or, when a criminal act is committed, to have the ability to bring the perpetrator to justice through a full and expeditious investigation, followed by a prosecution.
When I look around the world, it is clear that Canada needs to catch up. Every other G7 partner has established a lawful access regime. Each of our other Five Eyes partners has established a similar regime, and it is time for Canada to do the same.
The result of our current laws having failed to keep up with these rapidly changing technologies is that the investigations, although they still do take place, become cumbersome, difficult and time-consuming. When we are dealing with threats playing out in real time, it is important to understand that the ability to bring a perpetrator to justice depends upon police being able to do their job in real time as well.
This debate started not today, although it is formally under this piece of legislation, but in fact in one of the very first pieces of legislation we brought forward in this Parliament. At the time, it was Bill C-2, the strong borders act. We took that bill to this House. We consulted broadly, not only with law enforcement but with privacy experts, security experts and, importantly, members of Parliament from different parties. I want to give full credit to my colleague, the hon. Minister of Public Safety, for the extraordinary level of engagement he undertook to get this bill in a better place.
During those consultations, we heard that it is absolutely essential that Canada create the framework that will allow us to move forward with these kinds of investigations, but that we do so in a way that respects the privacy rights of Canadians and ensures that the state does not commit some overreach in its investigations seeking to stop these heinous criminal acts, which people unanimously agree we must change the law to address.
This particular bill would achieve that balance, in my view, in precisely the correct way. The first feature of this bill that I want to draw attention to is that it would establish a process through which law enforcement could make a request for very basic information of electronic service providers. We are not talking about privileged information. We are not talking about advice from lawyers. We are not talking about health care details. In the first instance, where there is an existing criminal investigation and the police believe a crime has been or will be committed, this bill would enable the police to make a request that would confirm the service of an Internet service provider or a cellphone company that is tied to a particular phone number or IP address. This is not asking about the content of particular messages that may have been sent, but only whether a particular number or IP address exists on a particular network. Let me explain why this piece is of particular importance.
When a police officer is charged with investigating a heinous crime, looking into extortion rings or the distribution of child sexual exploitation and abuse material, they frequently receive tips from foreign law enforcement agencies or come to understand through tools that we have here in Canada that there are specific phone numbers or IP addresses that lead law enforcement to believe that a crime has been or will be committed. However, we do not have the ability to act swiftly in Canada to deal with the threats that we do know exist, including when we receive these tips from foreign law enforcement agencies.
Let us think about the position this puts law enforcement in. When they are seeking to look into an IP address just to determine which network it may be on, the current process could take months. It requires production orders where someone would go before the court only to establish whether a particular IP address belongs to one network over another. If they got it wrong on the first one, the process would of course begin again with the second and third. This would provide for an expeditious pathway for law enforcement to request whether a particular phone number or IP address is tied to a particular service provider.
In the event that the service provider responds affirmatively and says that IP address, which is part of an existing criminal investigation, is in fact on their network, the next step would allow law enforcement to apply to the court, based on a reasonable suspicion that a crime has been or will be committed, to have the network share the subscriber information, the name and address, that would be tied to that phone number or IP address.
When we think about this law simply keeping pace with changes to technology, we are not dealing with a broad-based overreach of information. This is the same information that used to be in our phone books. We do not see them around these days anymore, perhaps for obvious reasons. However, as a kid I remember it was common for a particular phone number to be listed next to a name and address. That information is not present when it comes to a person's IP address or modern cellphone numbers.
However, when the police believe that a particular IP address, through reasonably obtained information, is tied to criminal activity, we need to have the ability to understand what network that information rests upon and who the subscriber behind it is, which would allow the police to not only investigate who may be involved with the crime but, at the early stage of the investigation, save enormous law enforcement resources by ruling out certain actors from criminal investigations.
Let us keep in mind that throughout this process, even just to get the subscriber information, we are still requiring that law enforcement, under most circumstances, obtain judicial authorization before that information is shared. It is only where there are exigent circumstances, for example, where there is child exploitation being livestreamed, that there would be some provision for law enforcement to obtain this kind of information without first receiving judicial authorization.
This process I have laid out would position Canada as the jurisdiction amongst G7 counterparts, for example, that would contain the most serious privacy protections within a lawful access regime that comes to exist. It is important that, if we are going to ask this information of service providers, we also ensure that they maintain that information. One part of this bill is dedicated to the kind of information that those service providers would be required to hold. Now, we are mainly focused on large-scale networks to ensure that we understand the metadata behind messages. Again, we are not specifically requiring the individual content of every message, but only trying to identify what messages may have been sent at what time, for example. This information would help ground a police investigation that could lead, obviously, to the prevention of crime, or perhaps to the investigation and prosecution of a crime.
There are other elements of this bill that would also facilitate the co-operation of international criminal investigations when it comes to organized crime. The ability to operate seamlessly across borders creates opportunities for criminal organizations and puts obstacles in place for the states that are seeking to combat their heinous activity. This bill would create a clear legal pathway for Canada to make requests of its international partners, should we believe that foreign networks may have the same kind of information that I have described that would allow us to dig more deeply into investigations. It would also allow other states that are concerned about information that may be held in Canada to co-operate, through agreements that we reach with our allies, to ensure that we are doing our part to help protect the security interests of our closest friends and allies.
Let us just think about what this means for law enforcement. It means that they are going to have more streamlined investigations. It means that they are going to be able to more quickly deal with threats that are playing out in real time. It means they are going to be able to do a better job at preventing crime from taking place in the first place and at conducting full investigations, should a crime be committed, to ensure that the bad actors are indeed brought to justice at the end of the day.
It struck me, when I was speaking to law enforcement, when the bill was first tabled, just how seriously they treated this issue. We were joined by the deputy commissioner of the RCMP, the head of the Canadian Association of Chiefs of Police and the chief of police here in Ottawa. They not only described the urgency with which this issue must be addressed but lamented the decades-long process that it has taken successive governments of different parties to get here.
I want to read a quote from the head of the Canadian Association of Chiefs of Police and commissioner of the OPP, Thomas Carrique. He said, “I engaged in the first conversation on lawful access in 1996—”
I was still in elementary school when this conversation began.
—when police leaders said we were at risk of going dark for access to digital evidence. We are now here, 30 years later, with the support of this government. This is a non-partisan issue. This is a public safety issue. From Internet child exploitation to extortions, to home invasions, to carjackings, to drive-by shootings, to hate motivated crime, to extremism. Lawful access is absolutely required and it's required now. So, on behalf of the Canadian Association of Chiefs of Police, my thanks to this government and my hope that all parliamentarians will work together to ensure the safety and security of this country.
I want to give my thanks in particular to Murray Rankin, a former colleague in the House, for his engagement on this issue and for consulting with stakeholders to ensure we had a broad base of perspectives to understand what changes needed to be made. I want to thank Leah West, a professor with unique expertise in security and privacy issues, who helped guide some of this work and provided invaluable feedback to get the bill in the shape that it is today. I want to thank the many stakeholders and parliamentarians who shared their perspectives to help us refine the initial version of the bill that was put forward into one that does a better job of advancing both security and privacy interests at the same time.
We must continue to introduce criminal laws if we want to fight crime in our communities. It is also essential to work with everyone so that the government understands the perspectives of the various people who have contributed to the solutions proposed to improve the bill.
We have an opportunity to do something in the House this week that has been 30 years in the making, and that is to bring Canada's laws in accordance with a modern standard that would give law enforcement the tools they need to keep our community safe. It is hard to imagine a more important outcome to pursue than that.