Bill C-22, an act to keep Canadians safe, would introduce two new tools to aid investigations
The federal government has pitched Bill C-22, an act to keep Canadians safe, that increases law enforcement’s access to information through the introduction of new tools.
The confirmation of service demand and the subscriber information production order tools will address the outcomes of Supreme Court of Canada cases R. v. Spencer (2014) and R. v. Bykovets, in which it was ruled that lawful authority was required to secure basic information. The confirmation of service demand enables police to determine whether telecommunications providers and Internet service providers may possess information helpful to an investigation; subsequently, police may apply to a court for a production order to obtain the information in question.
According to the government, Bill C-22 was developed with input gleaned from comprehensive consultations. It aligns Canadian legislation with those of major allies that have implemented lawful access regimes.
Confirmation of service demand
Under the existing law, police are reliant on voluntary confirmation from service providers that they have such information – otherwise, law enforcement agencies must obtain a court order.
The Act can only be enforced with telecommunications and internet service providers and may not apply to service providers like hotels, medical facilities, or car rentals. Law enforcement may not seek specific details about individuals, transmission data, or evidence – they may only seek “yes” or “no” responses from providers.
Law enforcement agencies must have reasonable suspicion that a crime has been or will be committed and that the information they seek is pertinent. Confirmations from eligible service providers must not reveal medical information or information subject to solicitor-client privilege.
Providers will be given 24 hours to provide confirmation starting from the time they receive the demand. They may challenge orders in court by filing an application for review within five business days; during this time, they will not be mandated to provide information until a court has ruled on the application. Courts may change or revoke a confirmation of service demand if it is found to be unreasonable.
Subscriber information production order
Meanwhile, the subscriber information production order is a narrowed version of the general production order in the Criminal Code. It allows police to secure basic identifying information subscribers provide to service providers, like names, addresses, phone numbers, and email addresses.
Law enforcement agencies must have reasonable suspicion to seek such an order, which must be authorized by a judge. Police may not obtain communication logs through this order.
As with the confirmation of service demand, providers may contest orders in court, and courts may revoke orders.
Bill C-22 was introduced yesterday March 12 by public safety minister Gary Anandasangaree and Canada attorney general and justice minister Sean Fraser.
“Canada needs laws that are adapted to the technological world we live in, and the way criminals exploit it. Too often investigations of crimes that involve digital networks and devices are stalled or even stopped because law enforcement and CSIS cannot access information about a suspect, even when they have a court order for it. This Act will give law enforcement and CSIS the essential tools they need to protect Canadians and their privacy,” Anandasangaree said in a statement.
