Why does lawful access legislation need updating?
Current Criminal Code provisions regarding the interception of communications were first adopted in 1974. The Criminal Code was amended in the 1980s to include specific references to computer systems in the search and seizure provisions, and again in the 1990s. In 1984, Parliament passed the CSIS Act, which provided CSIS with the authority to lawfully intercept private communications for national security purposes. While technology has evolved considerably since then, Canada’s lawful access laws have not kept pace. Increasingly complex technologies are challenging conventional lawful access methods. Criminals and terrorists are taking advantage of these technologies to assist them in carrying out illicit activities that threaten the safety and security of Canadians. To overcome these challenges, legislative tools, such as the Criminal Code and other statutes, must evolve so that law enforcement and national security agencies can effectively investigate criminal activities and threats t
