Mr. Speaker, I am pleased to have the opportunity today to speak about Bill C-22, the lawful access bill. There is no issue more pressing in the law enforcement legal framework than lawful access, a tool that is essential for police and prosecution to do the work to expeditiously catch people accused of many violent crimes.
The world around us is becoming increasingly digital and networked. Much of our day-to-day business communication and overall lives relies on the Internet. Smart phones, emails and instant messaging apps easily and instantly transcend provincial and national borders. Unfortunately, this also means that malicious actors, such as organized crime groups and violent extremists, can exploit the borderless nature of cyberspace for their own benefit. Canada's law enforcement agencies and CSIS need modern tools to help keep communities safe. We must close the capacity gap in current legislation that prevents law enforcement and CSIS from having lawful access to data, and must ensure that they can properly execute their mandates and protect Canadians.
“Lawful access” is a term we will hear a lot in association with the bill, but let us be clear what it really means. Lawful access covers the tools and authorities used to legally obtain certain information, data or communication during investigations. This information is often essential to generating leads on national security threats and serious criminal activities, such as extortion and organized crime, as well as to identifying and prosecuting the people involved.
For decades, law enforcement and CSIS have had to operate without a legal framework requiring electronic service providers, ESPs, to develop and maintain lawful access capabilities. The current legal framework dates from before the invention of cellphones and has not kept pace with the rapid advances in technology. This is important because law enforcement and intelligence investigators need basic subscriber information, such as a legal name or an address, to identify or exclude suspects, particularly during preliminary stages.
Bill C-22 would establish a legal framework requiring electronic service providers to have the capability to respond to legally authorized requests, such as a warrant or a production order, while respecting protecting privacy interests and fundamental rights. It would introduce provisions to support law enforcement as it cracks down on crime in an increasingly complex technological landscape where the vast majority of evidence is online or electronic.
Law enforcement groups have sounded the alarm about the obstacles they encounter in their investigations. For instance, imagine a person getting a call from an extortionist demanding money and threatening their family if they do not pay. They call 911, tell the police who called and show them the messages they received. Under the current framework, it would take weeks or even months for the police to find out basic information such as who or where the call came from.
This is just one example of the many challenges law enforcement officials face in obtaining the information they need. Often they do not know which service provider holds the customer account associated with the subscriber information, which also means they do not know whom to serve with a production order. This challenge currently stalls and delays real-world investigations. In many cases, law enforcement is required to seek multiple judicial authorizations to seek very basic information from different service providers, just to confirm which service provider's phone number or IP address the call was made from.
The current framework causes significant, unnecessary and potentially harmful delays. Timely access to the basic information is crucial in all stages of an investigation and can mean the difference between securing evidence and allowing criminals to slip through law enforcement's fingers.
Here is another example. Police are aware that a provider holds certain information, but the company cannot provide it because their systems do not possess the capability to do so, as there is no legal requirement to carry such capabilities. We have heard many stories of law enforcement tracking a missing child or attempting to stop a terrorist attack, knowing which service provider to obtain the information from but being stonewalled by the provider's lack of lawful access capabilities.
We cannot hope to fully protect Canadians and our communities if law enforcement and CSIS are unable to do their jobs. For this reason, Bill C-22 would introduce new legislation to close that gap, whereby certain ESPs would need to develop and maintain the technological capabilities to respond to production orders. To be clear, this aspect of the legislation intentionally and explicitly would not allow for backdoor access or any direct access for law enforcement or CSIS into electronic service provider systems. A legal authority to access that information would still always be required.
Bill C-22 proposes two ways by which an ESP would be asked to develop and maintain lawful access capabilities. First, those designated as core providers, such as traditional telecom companies, would have to abide by specific requirements set out in regulations. Second, the Minister of Public Safety could issue a ministerial order to develop specific capabilities based on operational needs as new technologies develop.
We have heard the concerns from parliamentarians and stakeholders around privacy and oversight. I want to reassure Canadians that Bill C-22 includes safeguards so ESPs would not have to abide by any demands that would introduce systemic vulnerabilities in electronic protections, such as encryption breaking or backdoor access. This would also require that the Minister of Public Safety obtain the approval of the intelligence commissioner before a ministerial order is valid, and it would be subject to further review by the National Security and Intelligence Review Agency.
Bill C-22 is about removing harmful barriers that impede active investigations and delay justice as well as put Canadians in harm's way. It is about bringing our legislation up to date with modern technologies and those of our closest allies and partners. It is about ensuring that alleged extortionists, child predators, cybercriminals, hostile state actors and organized criminal networks have nowhere to hide.
Law enforcement leaders have been very clear with us. I will quote the National Police Federation, which said, “For frontline police officers, the ability to lawfully identify who owns an online account is often the first step in investigating crimes such as extortion, child sexual exploitation, organized crime, violent offences, and national security threats. Bill C-22 will help ensure that longstanding court orders and warrants remain effective in a modern digital environment.” They need us to act now to eliminate these gaps in our legislation. I am urging hon. members to support the bill for the crucial public safety measure it would be.
