Mr. Speaker, I rise today to speak in strong and unequivocal support for Bill C-22, the lawful access act of 2026.
The legislation represents a vital and long-overdue step in modernizing Canada's legal, technical and investigative frameworks to protect our citizens in an increasingly dangerous digital world. The bill is a cornerstone of our commitment to modernizing Canada's safety framework for the digital age and beyond, ensuring that our investigators have the tools necessary to keep pace with rapidly evolving technology.
As Chief Nishan Duraiappah of Peel Regional Police so powerfully stated during the government's announcement in Peel Region, our current rules and investigative frameworks were written before cell phones were even created. This is a staggering reality. While criminals, human traffickers and organized crime networks have rapidly adapted to new digital platforms and communication tools, the legal and technical framework available to our investigators has fundamentally failed to keep pace and is falling behind.
The Canadian Police Association, an organization representing 60,000 frontline personnel, and the Canadian Association of Chiefs of Police have been clear. Our current legal framework to access digital evidence is significantly outdated and urgently needs to be revised. Unfortunately, the reality is clear that, while technology has advanced at lighting speed, the laws governing how we investigate the most sophisticated criminals have remained frozen in time. Transnational organized crime groups are currently exploiting this gap to traffic drugs, such as fentanyl; coordinate human trafficking; distribute child sex abuse material; and smuggle firearms across the border.
Canada is the only country among the Five Eyes and the G7 that does not have a modernized lawful access regime. We are falling behind our peers. For too long, our law enforcement agencies have had to rely on the co-operation of international partners to fill in the gaps in our own national security and intelligence investigations. As our public safety minister has emphasized, a strong government delivers for its citizens. It is time for a Canadian solution to go after criminals who threaten our communities. Bill C-22 would provide the targeted, judicially authorized tools needed to combat 21st-century threats.
One of the most important updates is the confirmation of service demand, which would allow investigators and CSIS to quickly confirm, with a simple yes-or-no question, whether a service provider holds information tied to any identifier. This would not grant access to private content. It would simply identify where the evidence may exist so that proper judicial authorization could follow.
The subscriber information production order would allow police with judicial authorization to obtain basic identifying information, such as a name or an email address. This is the digital equivalent of using a phone book and is essential for identifying suspects operating behind anonymity. To be clear, this is the same approach that existed in the predigital age, simply modernized to keep pace with today's changing technological landscape. This modernization is essential for combatting crimes, such as human trafficking, sextortion and child exploitation, as well as auto theft networks and violent organized crime.
For example, with regard to human trafficking and sextortion, these crimes often begin with an anonymous IP address. The new subscriber information production order would allow police with judicial approval to obtain basic identifying info, such as a name or an email address. This is the digital equivalent of a phone book, and it is essential for identifying the predators who are hiding behind pseudonyms.
Organized car theft rings use digital tools to coordinate border-crossing operations. The bill would modernize tracking and transmission data warrants, allowing investigators to follow the digital bread crumbs of these networks, even when the specific devices they use change during the investigation.
The Canadian Centre for Child Protection has fully endorsed these changes, noting that they would reduce the barriers police face when investigating online crimes against children. Without modern tools, criminals, especially predators, can remain hidden for far too long.
Perhaps most importantly, part 1 of the bill would codify the power of police to act in exigent circumstances. In the digital world, every second counts. Members can imagine an active kidnapping, where a predator is communicating via an encrypted app or a terrorist threat, and an attack is imminent. Currently, waiting hours for a formal warrant in the middle of the night could mean the difference between life and death. Bill C-22 would specify circumstances in which officers can obtain evidence, including subscriber information, immediately, to prevent serious injury or the destruction of vital evidence. This would not grant permanent powers. It would ensure that, in a life-or-death emergency, the law would stand on the side of the victims.
Legal authority is meaningless without technical capacity. Part 2 of the bill, which would enact the supporting authorized access to information act, would ensure that major electronic service providers maintain the technical ability to comply with court orders they are already legally required to follow. Currently, Canada has no regulatory framework requiring service providers to maintain systems capable of responding to lawful court orders in a timely and consistent manner. This bill would address the gap by ensuring core providers can retrieve and produce information when ordered to do so by a court. Importantly, this would not create any back doors. Providers themselves would retrieve the information and disclose it only under judicial authorization, avoiding any systemic vulnerabilities that could be exploited by malicious actors.
I want to be very clear. This legislation would not create unchecked new powers. Strong judicial oversight and privacy would ensure that all powers are exercised under strict court authorization and with robust safeguards to protect Canadians' privacy rights. Judicial authorization ensures that almost every tool in this bill would require prior approval from a judge or justice based on reasonable grounds. No back doors would ensure there would be no covert access mechanism, with systems remaining secure and data only being disclosed under lawful authority. Independent review would ensure that ministerial orders under part 2 must be reviewed and approved by the intelligence commissioner, which would ensure independent oversight and accountability.
To understand why this bill is so vital, we must look at the technical hurdles our officers face every day. I am particularly proud of the collaborative approach we have taken. I recently sponsored a parliamentary breakfast panel on the Hill in collaboration with the National Police Federation. I invited senators and members of Parliament from all parties to engage directly with the experts who work with these systems every day. We heard from Brian Sauvé, president of the National Police Federation, on frontline policing matters; Leah West, a national security law expert from Carleton University; Nick Milinovich, deputy chief of Peel Regional Police and co-chair of the lawful access advisory committee; and Gordon Scott Campbell, a constitutional and criminal lawyer with Supreme Court experience.
Deputy Chief Milinovich and other experts described the trial and error burden that currently cripples investigations. When police have a digital identifier, such as an IP address, tied to a crime, they must send a production order to a service provider to identify the suspect. However, if they send that order to a provider that does not actually service that identifier, the provider can simply not comply. This creates a technical stalemate where police must guess which provider holds the data.
Bill C-22 would solve this through the confirmation of service demand. This tool would allow the investigator to quickly confirm with a simple yes or no if a provider holds information tied to an identifier. It would not grant access to private content, but simply identify where evidence exists so that proper judicial authorization can follow, ending the era of investigative guesswork.
We also heard important questions from our Conservative colleagues about privacy and scope. Those concerns were addressed clearly. This bill would not expand surveillance. It would ensure that, when a judge authorizes access, the information can be obtained effectively and lawfully. The Ontario Association Chiefs of Police has stated that this is about ensuring police can “obtain vital evidence in complex cases”, not “expanding surveillance”.
In conclusion, we can no longer afford to leave our investigators with tools from a predigital era. We cannot remain the only G7 nation without a modern lawful access regime. Bill C-22 is a balanced, necessary and collaborative 21st-century solution to 21st-century crimes. As the Ontario Association of Chiefs of Police and multiple national law enforcement bodies have emphasized, this is about ensuring police can obtain vital evidence in complex cases while maintaining strong judicial oversight and charter protections.
I urge all members of the House to support the swift and constructive passage of this legislation so that we can fulfill our primary duty, the safety and security of all Canadians.