The University of Toronto’s Munk School of Global Affairs looks at how the Canadian security establishment operates:
The issue of lawful access has repeatedly arisen on the Canadian federal agenda. Every time that the legislation has been introduced Canadians have opposed the notion of authorities gaining warrantless access to subscriber data, to the point where the most recent version of the lawful access legislation dropped this provision. It would seem, however, that the real motivation for dropping the provision may follow from the facts on the ground: Canadian authorities already routinely and massively collect subscriber data without significant pushback by Canada’s service providers. And whereas the prior iteration of the lawful access legislation (i.e. C–30) would have required authorities to report on their access to this data the current iteration of the legislation (i.e. C–13) lacks this accountability safeguard.
In March 2014, MP Charmaine Borg received responses from federal agencies (.pdf) concerning the agencies’ requests for subscriber-related information from telecommunications service providers (TSPs). Those responses demonstrate extensive and unaccountable federal government surveillance of Canadians. I begin this post by discussing the political significance of MP Borg’s questions and then proceed to granularly identify major findings from the federal agencies’ respective responses. After providing these empirical details and discussing their significance, I conclude by arguing that the ‘subscriber information loophole’ urgently needs to be closed and that federal agencies must be made accountable to their masters, the Canadian public.
The government’s responses to MP Borg’s questions were returned on March 24, 2014. In what follows I identify the major findings from these responses. I first discuss the Communications Security Establishment Canada (CSEC), Canadian Security Intelligence Service (CSIS), Royal Canadian Mounted Police (RCMP), and Canadian Border Service Agency (CBSA). These agencies provided particularly valuable information in response to MP Borg’s questions. I then move to discuss some of the ‘minor findings’ related to the Canadian Revenue Agency (CRA), Competition Bureau, Statistics Canada, and the Transportation Safety Board (TSB).