OTTAWA, Feb. 21, 2012 /CNW/ - The Canadian Association of Chiefs of
Police (CACP) is asking Canadians to consider the views of law
enforcement as they debate what we refer to as ' lawful access', or
Bill C-30 - "An Act to enact the Investigating and Preventing Criminal Electronic
Communications Act and to amend the Criminal Code and other Acts."
President of the CACP, Chief Dale McFee: "The CACP has endorsed lawful
access legislation since it was first introduced by government in 2002.
Canadians more than understand the exponential growth in technology
which has occurred over the last few decades. Yet, law enforcement is
being asked to protect the communities we serve based on legislation
introduced in 1975 - the days of the rotary phone."
The Global Internet, cellular phones and social media have been widely
adopted and enjoyed by Canadians, young and old. Many of us have been
affected by computer viruses, spam and increasingly, bank or credit
card fraud. These new medias are also being used as a safe haven for
serious criminal activity - identity theft, child and sexual
exploitation, gangs, organized crime and national security threats.
"This is a huge challenge facing law enforcement agencies. We
collectively need every reasonable tool to prevent such activity from
happening in the first place or to investigate and lay charges when it
does. We also need the privacy safeguards to ensure we're accountable
in the use of these tools and Bill C-30 provides just that" states OPP
Commissioner Chris Lewis."
"The debate - balancing community safety and privacy rights - is a
debate which must occur and we are very mindful and respectful of the
views of all Canadians. The CACP, however, is disappointed in the
amount of misinformation and rhetoric that is clouding an important
discussion on this issue. It stems from appealing to the greatest fears
of Canadians and suggesting that law enforcement may misuse such
legislation. It has been propagated that law enforcement could freely
monitor the 'surfing habits of Canadians' and do so without a warrant.
"Nothing could be farther from the truth" states Vancouver D/Chief
Warren Lemcke, who is also Chair of the CACP Law Amendments Committee.
Obtaining content or monitoring (tracking) communication requires a
warrant and this condition remains with C-30. Basic subscriber
information (BSI) is an on-going challenge for law enforcement to
obtain. In some cases ISP's provide the information, others will not,
or often there are lengthy delays. The RCMP's National Child
Exploitation Centre states that "in 2010, the average response time for
these requests was 12 days." During this time, victims continue to be
In its report Every Image, Every Child - Internet-Facilitated Child Sexual Abuse in
Canada the Office of the Federal Ombudsman for Victims of Crime outlines the
very serious issues faced by law enforcement. Canada's Federal
Ombudsman for Victims of Crime, Sue O'Sullivan, further underlined the
importance of the need for lawful access to Parliament in her testimony
before a Senate Standing Committee on Bill C-22 (An Act respecting the mandatory reporting of internet child pornography
by persons who provide an internet service):
While I am fully supportive of this bill, I must also point out that
there is still much more to be done in order to effectively address the
issue of Internet-facilitated child sexual abuse. Bill C-22 will not,
in and of itself, eradicate child sexual abuse material from being
created or shared; nor will it address the challenges that law
enforcement will face in pursuing these cases without the necessary
authority to compel ISPs to provide basic customer name and address
information in order to identify and locate the individuals associated
with a particular IP address.
Currently in Canada, ISPs are allowed but not obliged to provide
customer name and address information without a warrant. Though many
companies do cooperate, some can and do refuse to cooperate with law
enforcement. In fact, according to the National Child Exploitation
Coordination Centre in 2007, 30 per cent to 40 per cent of requests are
denied. Without this information, law enforcement may be forced to
close a case before a detailed investigation ever begins.
One example that demonstrates the need for this type of information
(further examples are provided in the attached correspondence):
In December 2010, New Brunswick RCMP began to investigate a case of
peer-to-peer sharing of child pornography. Police suspected that up to
170 IP addresses were associated with a single individual. These IP
addresses belonged to a TSP known for refusing to voluntarily provide
subscriber information without a court order so the police applied for
As a result, the basic subscriber information was provided 15 days later
and by that time the suspect's Internet activity had stopped. In
September 2011, the suspect resumed his online activity and, that time,
the TSP provided the basic subscriber information voluntarily. This
cooperation allowed the police to act quickly and arrest the suspect at
his residence in October 2011. The suspect was charged with possession
and distribution of child pornography. Furthermore, police discovered
that he was also producing child pornography and he was charged with
that crime as well. The suspect also pled guilty to charges, which
included the abuse of two young males from New Brunswick. If the
police had been able to obtain the information shortly after the
investigation began, the investigation could have proceeded to the
arrest stage more rapidly and the suspect's sexual abuse could have
been stopped sooner.
The CACP believes that Bill C-30 provides greater oversight to obtain
BSI than within the current environment. Today, obtaining basic
subscriber information is completely ad hoc and uncontrolled. There is
no certainty that basic information can be provided in a timely and
consistent manner to law enforcement for investigative purposes.
"Under this new lawful access legislation, strict procedures for
recording, reporting and auditing of all requests to obtain BSI are put
in place. This information is documented and provided to senior Public
Safety officials throughout Canada, including Privacy Commissioners.
Those within law enforcement who can obtain BSI information is strictly
limited. There is actually significantly more oversight with this
legislation than what exists today" Chief McFee reaffirms.
To promote balanced discussion on this issue, the Canadian Association
of Chiefs of Police have prepared a document entitled "Simplifying
Lawful Access - Bill C-30." It is available on the CACP website (www.cacp.ca or directly at (Link). The document compares today's environment versus that proposed under
the new legislation, provides answers to 'frequently asked questions'
and a series of Case Studies describing the utility of BSI to law
enforcement (when it works and when it does not).
Our hope is that Members of Parliament, the media and Canadians as a
whole will take the time to view the importance of this legislation
through the lens of law enforcement.
The Canadian Association of Chiefs of Police (CACP) was established in
1905 and represents approximately 1,000 police leaders from across
Canada. The Association is dedicated to the support and promotion of
efficient law enforcement and to the protection and security of the
people of Canada. Through its member police chiefs and other senior
police executives, the CACP represents in excess of 90% of the police
community in Canada which include federal, First Nations, provincial,
regional and municipal, transportation and military police leaders.
SOURCE CANADIAN ASSOCIATION OF CHIEFS OF POLICE
For further information:
Timothy M. Smith,
Government Relations & Communications
Canadian Association of Chiefs of Police