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

56. Canada’s security and intelligence organizations state that they face significant challenges in successfully obtaining lawful access to communications due to the growing gap between the lawful authority to collect information and the technical capability to do so. ^{Footnote 94} In 2018, the Director of CSIS described lawful access problems as one of “the most significant challenges” he had identified to the government. ^{Footnote 95} Three factors contribute to this state of affairs: the effects of advances in technology; the absence of legislation for intercept capability; and, jurisdictional issues arising due to the cross-border nature of digital data. This chapter describes these challenges, including their impact on the ability of the RCMP and CSIS to conduct national security investigations, and how these organizations have adapted to mitigate the challenges. Throughout this chapter, the views of cybersecurity and legal experts, privacy advocates, and industry representatives have been reflected.