McColeman speaks out in favour of 21st Century Crime-Fighting Tools

October 27, 2009

(Ottawa) October 27, 2009 – At 5:00 p.m. this afternoon, Brant MP and Member of the Standing Committee on Public Safety, Phil McColeman, rose in the House of Commons and delivered the following speech in support of Bill C-47.

                            
Speaking Notes for Phil  McColeman Member of Parliament - Brant

At Second Reading of the Technical Assistance for Law Enforcement in the 21st Century Act (Lawful Access) House of Commons Ottawa, ON October 27, 2009

Mr. Speaker, I welcome this opportunity to add my voice of support for this worthy legislation which gives law enforcement officials the tools they need to stop modern-day criminals and terrorists in their tracks.

Canada’s current intercept laws are decades out of date – often meaning that criminals can to go about their business undetected or unprosecuted and pose a threat to the safety of Canadians.   As Minister Van Loan made clear, this Government is determined to put an end to this.

Bill C-47 will swing the advantage in favour of law enforcement. 
Criminals and others who pose a threat to Canadians’ safety and security will no longer able to exploit new communications technologies to remain undetected.  Armed with new authorities to intercept unlawful activity, police and national security officials will be able to shut-down so-called “safe havens” and bring criminals to account for their acts.

Mr. Speaker, this legislation is not driven by ideology but an undeniable need to equip those who protect our society with 21st Century crime-fighting tools.

As a former police service’s board member, I can tell you that, all too frequently, criminals get away with everything up to and including murder because our lawful access legislation was developed in a much less technologically-sophisticated age. 

Over the past decade, particularly, we’ve seen countless new technologies roll out – from text messaging on smart phones to 3G data communications – which no one could have imagined when our current intercept laws were written. 

I know from first-hand experience the challenges in intercepting cell phone calls or doing Internet-based investigations.  These advanced technologies let the bad guys do their business under the radar.  And we’ve been almost powerless to stop them. 

That’s because we haven’t been able to intercept information as it travels through the Internet or wireless communications infrastructure.  There has been no legal requirement for industry to ensure that, when they bring these technologies online, police with a warrant can intercept these illegal transactions. 
Nor has there been any obligation to provide subscriber information to track them down. As a result, far too many investigations have been delayed or reached a dead end.

This situation has provided safe havens where gang members, child predators, identity thieves and terrorists can operate without fear of apprehension.

Mr. Speaker, you don’t need to take it from me.  Local, provincial and national police associations have all called for updated legislation and strongly endorse this Bill.  Because the challenges I have just described are their daily reality.

Take the example of a case recently described on national radio by Murray Stooke, the Calgary Deputy Chief of Police.  He talked about a murder investigation in the city in 2008. 

The police force obtained a judge’s authorization, valid for 60 days, to intercept private communications during that course of that investigation.  However, 45 days of that authorization were lost due to a technical inability to intercept crucial information.  That left just 15 days to try to close a homicide case which sadly still remains unsolved. 

As Deputy Chief Stooke said, “We understand in policing that there needs to be a balance and that the privacy rights of Canadians have to be respected.  But, at the same time, we have to be able to effectively solve crime and protect the community.  And that’s what this is all about.”

The point he raises about Canadians’ privacy rights is an important one – and one that is fully considered and covered in this legislation under a rigorous regime.

Basic subscriber information would now have to be made available on request by designated members of the law enforcement community and CSIS. 
However, there are no new interception powers and the warrant process remains unchanged.

The Technical Assistance for Law Enforcement in the 21st Century Act requires police officers or national security agents to justify to a judge why a warrant to intercept communications is needed.  They also have to advise a service provider about the kind of investigation they’re conducting, the reason this information is required, as well as the name of the investigating agency and investigating officer.  A limited list of officials would be able to access this information. 

Records of all these transactions will be preserved so they can be audited regularly. Canada’s Privacy Commissioner will have access to these records as part of the comprehensive oversight regime to protect Canadians’ privacy and human rights.

Equally important, Bill C-47 looks out for the interests of business.  The flexible and gradual approach proposed under the Act will avoid an undue burden on industry. 

I remind the House there would be an 18-month transition period for service providers to get up to speed with new intercept requirements.
There is a three-year exemption for “small” service providers from certain requirements of the legislation to give them time to adjust.  Exemptions of up to two years would be available for all affected firms to respond to new technologies in order to protect innovation and private sector competitiveness. 

Service providers will also be free to select the most cost effective solutions.  And, while they will pay to make new equipment and software intercept capable, the Government of Canada will cover the cost of necessary retrofits.

Mr. Speaker, not only police services are calling for this necessary legislation.  Victims of crime are equally supportive of this Act.  Paul Gillespie, president and CEO of the Kids Internet Safety Alliance, for one, is a strong advocate of Bill C-47.

Mr. Gillespie points out there are several hundred thousand people in Canada trading and sharing images of child sexual exploitation.  He has worked on countless cases where a John Doe at a hotmail Internet address is sharing child pornography or actually transmitting abusive images.  However, it sometimes takes weeks to get search warrants to pursue these criminals. 
And, too often, by the time they track down the IP address, the service provider no longer has the individual’s records.  In the meantime, innocent and vulnerable children continue to be abused.

That is why this legislation is so vital.  We need to make sure that the law enforcement community and CSIS have this essential tool to investigate and prosecute serious crime and combat terrorism.  It is their only hope of staying a step ahead of criminals and terrorists in the face of rapidly changing technology. Bill C-47 will enable them to track, trace and ultimately stop these crimes.

 Mr. Speaker, Canadians expect government to protect our children and keep our communities and country safe.  That is what the bill before us today will do, while also safeguarding individual privacy rights. It’s balanced. It’s fair. And it’s vital for law enforcement to combat high-tech criminals.  That is why I urge all Hon. Members to stand up for all Canadians and support the legislation before us today.    

Thank you, Mr. Speaker.