Canada (Mahboob Sheikh) – The National Police Federation (NPF) hosted an educational forum in Ottawa, bringing together legal and privacy experts, parliamentarians, media representatives, police leaders, and other stakeholders to discuss the future of lawful access in Canada. The event focused on how existing laws must be updated to reflect modern technological realities while continuing to safeguard citizens’ privacy rights.
Unlike its Five Eyes partners, Canada does not have a clear and modern lawful access framework for digital communications. Many of the foundational laws investigators rely on were written decades ago—before the emergence of smartphones, encrypted messaging, cloud storage, and global online platforms. As a result, the law often reflects an analog world, while serious crime has increasingly moved online.
Crimes such as terrorism, blackmail, child exploitation, organized crime, and foreign interference are growing in the digital space. However, investigative tools and processes have not kept pace with technological advancements. Even when courts approve warrants, enforcement is often difficult because service providers may not be legally obligated to assist or may lack the technical capacity to comply. This creates a gap between judicial authorization and investigative capability, leaving Canada more vulnerable compared to its allies.
This gap has real-world consequences. Delays in accessing digital evidence can result in lost information, stalled investigations, and harm to victims and communities. For example, in Surrey, British Columbia, threats are frequently made via WhatsApp, and suspects often change their numbers or identities before police can trace messages.
The NPF maintains that its proposal is not about expanding police powers or weakening privacy rights, but about ensuring that court-authorized powers are effective in the digital age. Any new framework, it says, must include judicial authorization, necessity and proportionality tests, and strong privacy protections.
Statements from Leaders
Brian Sauvé, President and CEO, National Police Federation:
“Canada’s laws must reflect real-world conditions we face daily. We are not seeking new powers, but the ability to execute court-approved warrants. Canadians deserve both strong privacy protections and effective public safety.”
Leah West, National Security Lawyer and Academic:
“Democratic societies can protect both privacy and security. Clear legal standards, strong judicial oversight, and defined obligations for service providers are essential to ensure lawful access remains effective within constitutional boundaries.”
Nick Milinovich, Deputy Chief, Peel Regional Police:
“Across Ontario and Canada, police are seeing how quickly serious crime has shifted to the digital world. Our laws must keep pace. A modern lawful access framework would ensure court-approved warrants can be effectively enforced and help protect our communities.”
About the National Police Federation
The National Police Federation represents approximately 20,000 members of the Royal Canadian Mounted Police and is the largest police union in Canada. The organization focuses on enhancing public safety, investing in police resources and modern equipment, and strengthening communities through social programs addressing health, substance use, and housing.
