Mr. Speaker, Conservatives believe in law and order, and have always stood for common-sense measures to keep Canadians safe. For the past decade, we have been urging the Liberal government to reverse its failed policies and restore safety to our communities. Instead, the Liberals have let the situation get out of control.
Last fall, the Liberals put forward Bill C-2, which fell well short of protecting Canadians while overreaching in other cases. Conservatives forced the government to back down from Bill C-2, successfully blocking the Liberals' infringement on individual freedoms and privacy.
Now, they have introduced new legislation, Bill C-22, the lawful access act, which reintroduces some parts of Bill C-2. Canada is the only Five Eyes country that does not have a lawful access regime in place. Our investigative laws have failed to keep pace with the rapid growth of the digital ecosystem.
The Liberals, and some in law enforcement, argue that this gap has created an investigative stall where critical leads in cases of child sexual exploitation, human trafficking and organized crime are abandoned because authorities cannot quickly identify suspects behind IP addresses or burner phones. Even when police have legal authority to obtain data, service providers may lack the technical infrastructure to retrieve it or transfer it into a usable format, resulting in failed investigations. That is definitely a problem that needs to be addressed.
This proposed legislation is a definite improvement over its predecessor. It creates a new legal framework, enabling faster and lower-threshold access to basic data, clear emergency powers, structured international requests and mandatory provider compliance, including built-in surveillance capabilities, metadata retention and a required parliamentary review after three years.
While police agencies have expressed their support for this bill and for lawful access, civil liberties organizations still have issues with parts of this bill. It is up to us to carefully review this legislation to ensure the Liberals do not repeat past failures.
I am hearing regularly from constituents concerned about this legislation. They want me to call on the government to withdraw Bill C-22. One of their biggest concerns is privacy and protection of their information. Bill C-22 would require Internet providers and other online services to facilitate access to basic information that would assist in the investigation of federal offences. That sounds reasonable.
The problem, though, is that would require those platforms to build and maintain surveillance capabilities inside their own systems. How secure would those systems be? How safe would those systems be? This new method of doing things would impose a financial burden on suppliers. They would be expected to develop and maintain technical surveillance capabilities at their own expense. I wonder how many would be willing to spend extra for robust data protection of something that does not add to their bottom line.
Conservatives believe police should have the tools necessary to stop criminals. Our concern with Bill C-2 was that the powers given to law enforcement and ministers were too broad. Bill C-22 is far narrower in the powers it gives to law enforcement and to the minister.
Bill C-22 focuses on telecommunications and Internet service providers, not any service providers. It would create oversight for ministerial orders and has explicit provisions in it that would prohibit the government from requiring the retention of web browsing history, social media activities or the actual content of communications. One could argue that this is a reasonable compromise as we attempt to balance the needs of society along with the rights of individuals.
We live in a world where it seems the only constant is change. All of us in this House, from the oldest to the youngest, have witnessed huge technological changes in our lifetime.
In an increasingly digital world, our old-fashioned policing is not always suited to dealing with crimes committed online. We all understand the need to provide new tools for law enforcement officers to access digital information. We can see the desire for the framework that ensures that electronic service providers establish and maintain a system capable of providing the information that law enforcement officers are authorized to access, and that is key. Law enforcement officers must have a lawful reason to be given access to citizens' online information.
One of the things I appreciate about this bill before us is that it would mandate an automatic review three years after its provisions come into force. In these days of rapid change, that provision would ensure that not only would we get this legislation right today, but that we would have built in a way to ensure that it would not quickly become out of date. The purpose of Bill C-22 is to ensure that investigators can skip preliminary investigative requirements regarding information that is easily obtainable. Thus far, Canadian courts have stated that warrants or court orders are required for even the most basic of information even if only remotely private, such as whether someone is a subscriber of a telecom company. I am a strong proponent of individual rights, including the right to privacy. I also believe in our Constitution, including the Charter of Rights and Freedoms. I understand as well that there are times when we need to balance individual and collective rights, and sometimes the collective rights are seen as being more important.
That may be the case with this legislation, though I understand there have been some issues raised as to whether it would survive a constitutional test. My hope is those problems can be fixed at the committee stage. For example, civil liberties groups have suggested that the blanket retention of metadata is too broad. They point out that the Electronic Communications Privacy Act in the U.S., for example, allows preservation on demand but does not allow blanket retention. In the European Union, the Court of Justice declared that blanket retention is incompatible with EU fundamental rights. As well, ministerial orders only require approval by intelligence commissioners. Not giving any oversight role to the Privacy Commissioner of Canada suggests that privacy is at best a secondary consideration. I am sure this was not the government's intention, and I expect this would be strengthened in committee.
Conservatives forced the Liberals to back down from Bill C-2, successfully blocking the government's attempt to infringe on individual freedoms and privacy. We stopped the Liberals from limiting the use of cash; opening mail without oversight; and demanding that any service provider, including hospitals, financial institutions and even dry cleaners, disclose user data without judicial oversight.
Bill C-22 would be an improvement, but still needs work. We support giving law enforcement agencies the tools they need to combat crime and keep communities safe, particularly as threats become more sophisticated in the digital age. At the same time, these powers must be accompanied by strong safeguards, clear limits and independent oversight to protect Canadians' rights and freedoms. Conservatives will continue to stand for common-sense solutions that protect Canadians' individual freedom, privacy and safety.