Home Newsroom 2005 News releases (archive) 2005-11-15: Legislation to modernize investigative techniques introduced today Backgrounder: Modernization of Investigative Techniques Act - The need for change

Modernization of Investigative Techniques Act - The need for change

The constant introduction of new communications technologies like wireless data networks and Voice Over Internet Protocol presents increasing challenges to Canada’s law enforcement community and the Canadian Security Intelligence Service (CSIS) in their ability to investigate serious crime and terrorism. The deregulation of the communications industry and the startup of many new telecommunications service providers with unique technologies, also makes the lawful interception of communications increasingly difficult.

The lawful interception of communications is provided for in legislation including the Criminal Code and the Canadian Security Intelligence Service Act and always requires legal authority. It is an essential tool in the investigation of serious crime and threats to the security of Canada.

However, today when a new technology is introduced, although law enforcement or CSIS have authority to lawfully intercept communications, technical barriers can make it difficult or impossible to effect court authorized interceptions. With the steady rollout of new technologies and the time it takes to put in place interception capabilities, criminals continue to use technology to hide their illicit activities from detection.

Similar legislation is already in place in countries such as the United States, the United Kingdom, Australia and New Zealand. To ensure ongoing global cooperation in the fight against organized crime and terrorism, it is imperative that Canada introduce its own legislation on this front.

Law enforcement agencies and CSIS also require timely access to accurate subscriber information. Subscriber information under MITA is basic contact information, such as that found in a phone book, and includes a subscriber’s name, address, telephone number, e‑mail or Internet address.

Currently, there is no federal legislation specifically designed on how to provide this information to law enforcement agencies or CSIS. The practice of releasing it to law enforcement and CSIS varies across the country. While in some cases the information is provided upon request, in others search warrants are requested before disclosing this information .

Subscriber information is often required at the beginning of an investigation or for general policing duties. In these circumstances, the police may not be able to get a warrant given the little information available to them, and the time it would take in order to gather the necessary information for a warrant, where it is possible, can be critical to an investigation.

MITA provides long-term solutions to investigative challenges that are both cost-effective, and maintain the essential balance with privacy and human rights and freedoms – the values that underpin Canadian society.