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
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'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.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
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.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
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
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
opinion I've been a criminal attorney for decades. Here's what I think about the case against Trump
Joey Jackson, a criminal defence attorney and a legal analyst for CNN, outlines what he thinks about the criminal case against Donald Trump in the 'hush money trial.'
$3.8M home in B.C.'s Okanagan has steel shell for extra wildfire protection
A home in B.C.'s Okanagan that features a weathering steel shell designed to provide some protection against wildfires has been listed for sale at $3.8 million.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
Celebrity designer sentenced to 18 months in prison for smuggling crocodile handbags
A leading fashion designer whose accessories were used by celebrities from Britney Spears to the cast of the 'Sex and the City' TV series was sentenced Monday to 18 months in prison after pleading guilty in Miami federal court on charges of smuggling crocodile handbags from her native Colombia.
Wildfire leads to evacuation order issued for northeast Alberta community
An evacuation order was issued on Monday afternoon for homes in the area of Cold Lake First Nation.
Local Spotlight
'I'm committed': Oilers fan won't cut hair until Stanley Cup comes to Edmonton
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
'It's not my father's body!' Wrong man sent home after death on family vacation in Cuba
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
'Once is too many times': Education assistants facing rising violence in classrooms
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
What is capital gains tax? How is it going to affect the economy and the younger generations?
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”
UBC football star turning heads in lead up to NFL draft
At 6'8" and 350 pounds, there is nothing typical about UBC offensive lineman Giovanni Manu, who was born in Tonga and went to high school in Pitt Meadows.
Cat found at Pearson airport 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 4 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.