Chapter 3: Lawful Access Challenges
Special Report on the Lawful Access to Communications by Security and Intelligence Organizations

Absence of Legislation for Intercept Capability

101. As described in Chapter 2, intercept capability refers to the tools built into a telecommunications network or service that allow a CSP to intercept communications and other data and provide them to law enforcement or intelligence agencies in response to a warrant. Canadian law does not require CSPs to develop, deploy, or maintain their telecommunications systems to enable interception of communications and related data. In other words, while judicial authorization can compel a CSP to provide information, it cannot compel a CSP to provide technical connectivity to law enforcement and security agencies. ^{Footnote 231} According to the RCMP, without a legislative framework, “lawful access processes and capabilities are not standardized and vary greatly.” ^{Footnote 232}