RCMP has been using spyware tools for years and in more cases than previously reported, MPs told
Public Safety Minister Marco Mendicino and senior RCMP officers are defending the national police force's years-long and previously undisclosed use of spyware—capable of remotely accessing cell phone and computer microphones, cameras and other data—as part of dozens of major investigations.
Over the course of hours of witness testimony at the House of Commons Access to Information, Privacy and Ethics Committee, a series of notable disclosures were made on Monday about the RCMP's use of "on-device investigation tools" or ODITs.
Specifically, it was revealed that the amount of years and number of investigations in which these techniques have been deployed expanded beyond what had previously been reported to Parliament, and that to date the RCMP has not consulted with Canada's privacy commissioner about its use of spyware to essentially hack into electronic devices.
"ODITs are used extremely rare[ly] and in limited cases. Their use is always targeted, it's always time limited, and it's never to conduct unwarranted and, or mass surveillance. These tools are not used in secret… and the evidence collected, including how it was collected, is subject to disclosure and court scrutiny," RCMP Deputy Commissioner for Specialized Policing Services Bryan Larkin told MPs, insisting that the RCMP's use of spyware is entirely within the law.
"The amount and type of data collected is determined on a case-by-case basis and in accordance with strict terms and conditions," Larkin said, explaining how the police force "covertly" installs a computer program on suspects' devices.
The committee struck up the study to determine which tools the RCMP uses, as well as the terms and conditions of using this software, after documents tabled in the House of Commons in June shed new light on the police force's installation of spyware to conduct surveillance and collect data from digital devices.
"Police sometimes need to use advanced technology-based capabilities to address investigative barriers such as those caused by encryption," read part of the RCMP's submission to the House of Commons. The agency also said at the time that these "on-device investigate [sic] tools" were used 10 times between 2018-2022, and that "in every case, a judicial authorization was obtained" before the tools were deployed.
In a subsequent disclosure to the committee, RCMP Commissioner Brenda Lucki confirmed that the national police force has actually used this on-device technology in 32 investigations to target 49 devices since 2017.
Lucki also provided a list of the types of investigations the RCMP has used this technology for, according to Liberal MP and committee member Lisa Hepfner who read out her response during Monday's hearing, naming terrorism, kidnapping, drug trafficking, and murder as examples.
The information evolved further Monday afternoon, when a senior RCMP officer suggested to MPs that the RCMP has actually used technology with similar capabilities for two decades.
“I'm not aware of where all the technology comes from that's utilized here, but I can say I have a long standing history in this and back in the days from 2002 to 2015. It was all Canadian technology that we were utilizing,” said RCMP Assistant Commissioner Mark Flynn.
"We have never utilized this tool without prior judicial authorization. However, having said that, if a situation were to arise that required it, there are provisions that allow us in certain designated individuals to utilize this type of tool for the interception of communications in emergency situations, but I am not aware of any situation where that has been done," Flynn said.
"And, the mere practicality of deploying this type of tool and technique would take it beyond the time period under which such an authorization would be valid."
SOFTWARE IS NOT PEGASUS: MENDICINO
Appearing just prior to the senior RCMP officials, Mendicino said that he's confident that the RCMP's use of software to conduct surveillance and collect data as part of its investigations has been limited by the law to only be permitted in "the most serious offences."
"There are stringent requirements in the Criminal Code that require accountability, including what facts the RCMP will be relying on prior to judicial authorization of this sort of technique. There are other safeguards that ensure that only designated agents put those applications to the court," he said during a hearing as part of its special summer study on the subject.
Mendicino said the kind of spyware tools under scrutiny by the committee are considered an "investigative necessity," only pursued as a last resort. He said in seeking court approval to use these tools, the RCMP has to "strike the balance of ensuring that the state has the tools that it is necessary to protect the security and safety of all Canadians, while at the same time upholding people's Charter rights."
While declining to offer many details about specifically what software is being used, citing "the necessity to safeguard the ability to effectively use on-device investigative tools," the government confirmed that it is not Pegasus.
The controversial spyware software developed by Israeli firm NSO Group has raised alarm bells internationally, after it was discovered to be used by governments in several countries to hack phones and spy on politicians, journalists, businesspeople and human rights activists.
"I want to be clear with the members of the committee that the Pegasus technology is not used by the RCMP," said the public safety minister, suggesting the federal government has forbid the use of this specific software.
Mendicino also said Monday that the tools were not used during the period of time in which the Emergencies Act was enacted in response to the "Freedom Convoy" protests and blockades earlier this year.
'WE'RE IN A REACTIVE MODE': COMMISSIONER
Prior to Mendicino's testimony, Canada's privacy commissioner testified before the committee, seeking to make his case that the belated disclosure of using these tools is a clear example of why Canada's Privacy Act needs updating.
"The Privacy Act does not require the RCMP or any government institution to prepare privacy impact assessments… for my consideration, but the Treasury Board requires this in its policies. I hope to see this included as a binding legal obligation in a modernized version of the Privacy Act," Commissioner Phillippe Dufresne told the committee on Monday.
The Office of the Privacy Commissioner of Canada has for years been advocating for Canada's privacy laws to be updated in several respects.
On Monday, the commissioner said it should become a legal obligation for government departments and agencies such as the RCMP to present a pre-emptive privacy assessment of any new tools, suggesting doing so would allow the commissioner to provide meaningful input, while being mindful of confidentiality concerns, before they are put into use.
In this instance, the commissioner said that the RCMP did begin a privacy impact assessment about the spyware in 2021, years after it was first put into use.
"We see situations like this one, where this is done very late, after the tools have been used for some time. So we're not in a position where we can address or prevent, we're in a reactive mode. And our advice and recommendation, my hope is that this be made a legal obligation in the Privacy Act, because then there would be hopefully, a more timely compliance with this requirement," Dufresne said.
"It's not about choosing one between public interest and privacy of Canadians, but these checks and evaluations should be done before the fact and it should not be something that we find out in an article in the media or in a committee meeting for instance. So these preliminary checks should be done and my office should be consulted when necessary," he said, suggesting doing so would also go a long way in increasing Canadians' trust in intuitions, knowing any new technology's privacy implications were assessed at the outset.
Mendicino said Monday that the federal government is "committed" to working with the privacy commissioner's office on this file, saying that it was "unfortunate" that the lead federal privacy authority was not involved from the outset, but wouldn't commit to pursuing new privacy requirements for the RCMP under the law.
RCMP YET TO SHARE INFO
Parliament's privacy watchdog said that he first learned about this spyware program in June after the documents tabled in the House at the request of a Conservative MP were first reported on by Politico.
At that time, his office contacted the RCMP seeking more information. The RCMP has yet to provide any, but has indicated it is aiming to provide the commissioner with a briefing and demonstration later this month.
Dufresne said his office will review the information gained from that meeting to "ensure that any privacy invasive programs or activities are legally authorized, necessary to meet a specific need, and that the intrusion on privacy caused by the program or activity is proportionate to the public interest at stake."
If the commissioner finds the RCMP's use of these spyware tools has privacy shortcomings, his office will provide the RCMP with recommendations for change.
"We would expect them to make the necessary changes," he told the committee.
Upon learning of the lack of sharing information with the privacy commissioner, Conservative MP and committee member Damien Kurek said it was "disappointing" and "not a good precedent."
Kurek said it reminded him of behaviours by other federal agencies that the committee has previously examined through their work on mobility data and facial recognition software.
PRIVACY EXPERTS TO TESTIFY
A second full day of hearings are scheduled for Tuesday, where the committee will hear from expert witnesses including former privacy commissioner Daniel Therrien, as well as representatives from the Privacy and Access Council of Canada and the Canadian Civil Liberties Association.
The study was proposed by Bloc Quebecois MP and committee vice-chair Rene Villemure, and was backed by other committee members, though there was some reluctance from Liberal MPs.
In making his case to the committee to begin this study, Villemure echoed concerns expressed by privacy and civil liberties groups when the use of these intrusive tools by police in Canada were revealed.
As part of its work, the committee has called for the RCMP to provide a list of warrants obtained, and also sought information related to the potential wiretapping of MPs, their parliamentary assistants, or any other Parliament of Canada employee.
This request has been met with resistance from the RCMP and the committee is exploring its options to compel further information in an appropriate setting, while looking to ensure any documents provided to the committee that can be made public be published on the committee's website.
“We’re having some trust issues,” said NDP MP and committee member Matthew Green to the panel of RCMP officers testifying on Monday.
“We had members of your service refuse to provide basic information in this committee, which in my opinion, is in contradiction to your duty of candor,” said Green.
The committee is aiming to finalize its study and submit a report to the House of Commons—with potential recommendations for changes to the law or oversight mechanisms— by the start of the fall sitting, on Sept. 19.
IN DEPTH
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Trudeau, key election players to testify at foreign interference hearings. What you need to know
The public hearings portion of the federal inquiry into foreign interference in Canadian elections and democratic institutions are picking back up this week. Here's what you need to know.
Who is supporting, opposing new online harms bill?
Now that Prime Minister Justin Trudeau's sweeping online harms legislation is before Parliament, allowing key stakeholders, major platforms, and Canadians with direct personal experience with abuse to dig in and see what's being proposed, reaction is streaming in. CTVNews.ca has rounded up reaction, and here's how Bill C-63 is going over.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
TREND LINE What Nanos' tracking tells us about Canadians' mood, party preference heading into 2024
Heading into a new year, Canadians aren't feeling overly optimistic about the direction the country is heading, with the number of voters indicating negative views about the federal government's performance at the highest in a decade, national tracking from Nanos Research shows.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
LeBlanc says he plans to run in next election, under Trudeau's leadership
Cabinet minister Dominic LeBlanc says he plans to run in the next election as a candidate under Prime Minister Justin Trudeau's leadership, amid questions about his rumoured interest in succeeding his longtime friend for the top job.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
U.S. vetoes a widely supported UN resolution backing full membership for Palestine
The United States has vetoed a widely backed UN resolution that would have paved the way for full United Nations membership for the state of Palestine.
Grandparent scam suspects had ties to Italian organized crime, police allege
A group of suspects that allegedly defrauded seniors across Ontario and other parts of Canada using a so-called emergency grandparent scam appear to have ties to 'Italian traditional organized crime,' according to an investigator involved in the OPP-led probe.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Cat found on Toronto Pearson airport runway 3 days after going missing
Kevin the cat has been reunited with his family after enduring a harrowing three-day ordeal while lost at Toronto Pearson International Airport earlier this week.
Local Spotlight
Cat found on Toronto Pearson airport runway 3 days after going missing
Kevin the cat has been reunited with his family after enduring a harrowing three-day ordeal while lost at Toronto Pearson International Airport earlier this week.
Molly on a mission: N.S. student collecting books about women in sport for school library
Molly Knight, a grade four student in Nova Scotia, noticed her school library did not have many books on female athletes, so she started her own book drive in hopes of changing that.
Where did the gold go? Crime expert weighs in on unfolding Pearson airport heist investigation
Almost 7,000 bars of pure gold were stolen from Pearson International Airport exactly one year ago during an elaborate heist, but so far only a tiny fraction of that stolen loot has been found.
Marmot in the city: New resident of North Vancouver's Lower Lonsdale a 'rock star rodent'
When Les Robertson was walking home from the gym in North Vancouver's Lower Lonsdale neighbourhood three weeks ago, he did a double take. Standing near a burrow it had dug in a vacant lot near East 1st Street and St. Georges Avenue was a yellow-bellied marmot.
Relocated seal returns to Greater Victoria after 'astonishing' 204-kilometre trek
A moulting seal who was relocated after drawing daily crowds of onlookers in Greater Victoria has made a surprise return, after what officials described as an 'astonishing' six-day journey.
Ottawa barber shop steps away from Parliament Hill marks 100 years in business
Just steps from Parliament Hill is a barber shop that for the last 100 years has catered to everyone from prime ministers to tourists.
'It was a special game': Edmonton pinball player celebrates high score and shout out from game designer
A high score on a Foo Fighters pinball machine has Edmonton player Dave Formenti on a high.
'How much time do we have?': 'Contamination' in Prairie groundwater identified
A compound used to treat sour gas that's been linked to fertility issues in cattle has been found throughout groundwater in the Prairies, according to a new study.
'Why not do it together?': Lifelong friends take part in 'brosectomy' in Vancouver
While many people choose to keep their medical appointments private, four longtime friends decided to undergo vasectomies as a group in B.C.'s Lower Mainland.