GOVERNMENT OF CANADA TO REVIEW LAWFUL ACCESS LAWS

QUEBEC August 25, 2002 – The Honourable Martin Cauchon, Minister of Justice and Attorney General of Canada, the Honourable Lawrence MacAulay, Solicitor General of Canada, and the Honourable Allan Rock, Minister of Industry, today announced that the Government of Canada will consult with Canadians concerning lawful access to information and communications. The consultation was launched by Minister MacAulay, on behalf of his colleagues, at the annual meeting of the Canadian Association of Chiefs of Police (CACP).

"Lawful access legislation must protect the privacy of Canadians and reflect their values. The Government of Canada will be examining current laws to ensure crimes and other threats to public safety can continue to be investigated effectively," said Minister Cauchon.

"Legislation governing lawful access was originally designed for rotary telephones - not e-mail or the Internet," said Minister MacAulay. "Dated laws allow criminals and terrorists to use technology to hide their illicit activities. This initiative is about keeping our laws current so that the police can do their job and keep Canadians safe."

"Technology is a great enabler for Canadians, but also presents challenges for law enforcement," said Minister Rock. "Through this process, we are seeking ideas from law enforcement, industry and all Canadians to find a solution that supports public safety and privacy, and how to achieve this without inhibiting industry's ability to innovate and compete."

Lawful access is the lawful interception of communications, and the search and seizure of information by law enforcement and national security agencies. Updating lawful access legislation is essential to a broad range of investigative bodies, in their continued efforts to fight crimes such as terrorism, child pornography, drug trafficking, smuggling, Internet and telemarketing fraud, price fixing and money laundering. Lawful access can only be exercised with a lawful authority, and is well entrenched in laws such as the Criminal Code, the Canadian Security Intelligence Act, the Competition Act and other Acts of Parliament. Lawful access legislation also recognizes the privacy rights of all people in Canada and their rights under the Canadian Charter of Rights and Freedoms.

This consultation process will involve key stakeholders including law enforcement, telecommunications companies, civil liberties and privacy organizations. The public will also be given the opportunity to consider lawful access issues and options for change by obtaining a consultation paper, which is available at www.canada.justice.gc.ca/en/cons/la_al. Those wishing to respond must send their submissions before November 15, 2002.

In the January 2001 Speech from the Throne, the Government of Canada pledged to provide modern tools to safeguard Canadians from emerging threats such as cyber-crime. The lawful access consultation will contribute to the Government's ongoing commitments, both nationally and internationally, to ensure a balanced and effective approach to addressing threats to public safety and national security.

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Ref:

Media Relations Office
Department of Justice
(613) 957-4207

Suzanne Thébarge
Director of Communications
Minister's Office
(613) 992-4621

Solicitor General Canada Communications
(613) 991-2800

Dan Brien
Press Secretary
Minister MacAulay's Office
(613) 991-2874

Media Relations
Industry Canada
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Selena Beattie
Press Secretary
Minister Rock's Office
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