WHEREAS existing lawful access legislation does not include new technologies such as the Internet, email and cellular phones and these tools are being used to conduct illicit activities; AND WHEREAS local police services cannot continue to bear the financial responsibility of investigative costs where such illicit activities may expand to multi-jurisdictions or where communications service providers charge a fee for such information as may aid in a criminal investigation: THEREFORE BE IT RESOLVED that the Union of BC Municipalities request that the Province and the federal government respond to this situation through both legislative and non-legislative options to ensure police the ability to lawfully intercept new technology communications and search and seize data to effectively carry out investigations and support prosecution of crimes; AND BE IT FURTHER RESOLVED that a mechanism for financing such investigations be identified.
MINISTRY OF PUBLIC SAFETY AND SOLICITOR GENERAL The interception of private communications in criminal investigations is a matter of federal legislative jurisdiction. However, the province will work with the federal government, police, industry and other stakeholders to address the matter of lawful access by police for investigation purposes. The province recognizes that investigations involving new modes of personal communication vary and can be expensive. The province supports examining ways of addressing the costs of police lawfully accessing new technology communications. However, ensuring adequate funding for investigations should not necessarily mean added cost to private citizens or an additional compliance burden to the private sector.
MINISTRY OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS I recognize that lawful access is an essential tool in police investigations, but one that is increasingly challenged by the illicit use of new technologies. For this reason, my officials are working on a new law that would require all telecommunications service providers including Internet companies operating in Canada to create and maintain infrastructures that are intercept capable. The proposed legislation would minimize the costs to industry and governments by clearly delineating the requirements for lawful access that can be factored in during the design stage of new technologies. In this way, law enforcement agencies will be able to continue lawfully accessing communications without imposing an undue burden on companies. As part of our efforts to assist police in maintaining their lawful access capabilities, we are also examining the issue of operational fees, particularly those charged by telecommunications service providers for the assistance they provide to the police pursuant to a warrant. This matter raises important criminal law policy issues respecting whether it is in the public interest for police to be charged fees for the execution of court orders. As you may be aware, the Canadian Association of Chiefs of Police has passed a number of resolutions outlining that police services are different from other service providers customers, that service providers should not profit from the assistance provided and that no entity should be permitted to limit the effectiveness of a court order. In recognition of the importance of this issue, officials from the Department of Justice, Industry Canada and my Portfolio are currently working to clarify the circumstances under which third parties, such as service providers, may be paid for the work they perform for the police. The government of Canada continues to consult with federal, provincial and municipal law enforcement agencies in order to obtain detailed feedback that will inform further development of the proposals.
FCM RESPONSE At its 2005 Annual Convention, the FCM adopted this resolution as a category A resolution, meaning that it is considered to be a national municipal issue of direct concern to Canadian municipalities.