Chapter 5: Assessment
Special Report on the Lawful Access to Communications by Security and Intelligence Organizations

164. At the outset of this review of the lawful access to communications by security and intelligence organizations, the Committee set out to consider three key questions:

• Are Canada’s lawful access challenges for national security investigations as serious as the security and intelligence organizations claim?
• Has the government been effective at mitigating or developing solutions to these challenges?
• How does the government facilitate and enable national security investigations while at the same time protect Canadians’ right to privacy?

165. Over the course of its review, the Committee heard from two Ministers and 33 officials from five departments and agencies, ranging from deputy heads to national security investigators. Mindful that these appearances would only yield the government’s perspective, the Committee also sought the views of defence counsel, legal and cybersecurity experts, and privacy and civil society advocates. Additionally, the Committee heard from several Canadian CSPs. Finally, the Committee relied upon classified briefings, government records spanning over twelve years, academic literature, media articles, podcasts, blogs, and similarly-themed reports completed by like minded democracies.

166. The Committee’s assessment explores the significance of Canada’s lawful access challenges and the government’s response to these challenges at the operational and strategic levels, and considers the interplay between national security and Canadians’ right to privacy.