Chapter 2: Canada’s Legal Framework for Lawful Access
Special Report on the Lawful Access to Communications by Security and Intelligence Organizations

Table of Contents

Communications Security Establishment Act

40. CSE is Canada’s foreign signals intelligence agency. Under the CSE Act, CSE is responsible for collecting “information or intelligence about the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group, as they relate to international affairs, defence or security.” ^{Footnote 72} CSE is prohibited from directing its foreign intelligence activities at Canadians and it must put in place appropriate measures to protect the privacy of Canadians when it incidentally acquires information related to them. ^{Footnote 73} CSE does not have any domestic lawful access authorities of its own. ^{Footnote 74}

41. Section 20 of the CSE Act provides a mandate for CSE to assist federal law enforcement and security agencies. ^{Footnote 75} Accordingly, when the RCMP and CSIS have obtained the appropriate authorization to carry out lawful access activities, they may request that CSE assist with conducting operations, including by designing technical capabilities or intercepting communications. ^{Footnote 76} When providing technical and operational assistance, CSE is bound by all of the restrictions and conditions imposed on the RCMP or CSIS in carrying out the activity. ^{Footnote 77}