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

29. Lawful access refers to the judicially authorized interception of electronic communications, and the search and seizure of electronic information, in accordance with Canada’s legal framework. ^{Footnote 43} This chapter describes some of the rights and freedoms guaranteed in the Charter, the authorities provided in the Criminal Code, the Canadian Security Intelligence Service Act (CSIS Act), the Communications Security Establishment Act (CSE Act), other relevant legislation, and how Canada compares with likeminded international partners in responding to these challenges. Jurisprudence has also played an important role in shaping the use of lawful access tools and techniques by law enforcement and security agencies. This chapter describes how Supreme Court decisions in 2014 (R v Spencer) and 2024 (R v Bykovets) shaped lawful access.