RCMP's spyware tools are 'extremely intrusive,' privacy experts say
Expressing concerns over the RCMP's yearslong use of spyware in major investigations, privacy and civil liberties experts say the previously undisclosed tools are "extremely intrusive" and they are calling for stronger oversight and regulation of spyware Canada-wide.
The experts also criticized the RCMP's belated disclosure of its use of these tools, with the Canadian Civil Liberties Association (CCLA) saying it is part of "a pattern pointing to a crisis of accountability."
Canada's former privacy commissioner Daniel Therrien said that while he believes the RCMP when they say its use of spyware is lawful and warranted, there is "no doubt" the covert collection by police of personal and other information from Canadians' devices "is an extremely intrusive practice."
"What's at play is the balancing of privacy and other public interests," Therrien said Tuesday during his testimony before the House of Commons Access to Information, Privacy and Ethics Committee as part of its study into the RCMP's use of "on-device investigation tools," or ODITs.
"There is no question that this particular tool is extremely intrusive, more intrusive than traditional wiretap tools. It does not just record communications on the phone between person A and B. It sits on the phone, on the digital device of the individual,” he said.
Given this, Therrien said there "needs to be an extremely compelling public interest to justify the state being able to have that kind of information and use these tools."
The committee struck up the special summer study to further explore the RCMP's use of these tools, after documents tabled in the House of Commons in June shed new light on the police force's covert installation of spyware capable of remotely accessing cell phone and computer microphones, cameras, as well as other information on suspects' devices.
"The revelations about ODITs are just the latest in a series of similar media-led reveals regarding invasive techniques… This isn't a one off problem," the CCLA's director of privacy technology and surveillance program Brenda McPhail told MPs.
"Operational secrecy is a legitimate need in specific investigations. Secrecy around policies that apply to categories of dangerous surveillance technologies is not legitimate in a democracy. We must not allow law enforcement bodies to conflate one with the other to avoid accountability," McPhail said.
SPYWARE USE 'SPREADING FAST': CITIZENLAB
Throughout the study, attempts have been made by MPs to clarify the RCMP's use of these tools are limited and not "mass surveillance," though in testimony on Tuesday afternoon, experts sounded alarm bells about the potential widespread accessibility of spyware software.
"The mercenary spyware industry is very poorly regulated and proliferating quickly. The industry lacks public accountability and transparency. It thrives in the shadows of the clandestine world and is spreading fast without proper controls," director of the University of Toronto's Citizen Lab Ronald Deibert told MPs.
Deibert said the spyware industry is a threat to civil society, human rights and democracy as a whole.
Therefore, he said Canada should take the threat seriously by imposing more oversight and export controls, and be more transparent about the use of spyware to ensure it is not being abused -- as its capabilities far exceed traditional wiretaps.
"There's a pattern of law enforcement in this country using investigative techniques and surveillance technologies, and disclosing them after the fact. That's not the way you build public trust in law enforcement... We are better than that," he said.
While the courts do have a judicial oversight role, Therrien is suggesting there could also be an additional layer of privacy-focused oversight from a body, such as the Office of the Privacy Commissioner of Canada.
"I don't think the RCMP is a rogue institution. And currently, they say, and I accept that they use ODITs only with judicial authorization… That said it might well be a good idea to have auditing processes," Therrien said.
FORMER COMMISSIONER 'SURPRISED'
To date, the RCMP has not consulted with Canada's privacy commissioner about the spyware use conducted by the Technical Investigation Services' Covert Access and Intercept Team. Privacy Commissioner Phillippe Dufresne says there are plans for a briefing scheduled later this month.
Therrien, who was Canada's privacy commissioner between 2014 and 2022, told MPs on Tuesday -- like his successor -- he also learned about the spyware use at the same time as the rest of the country.
The former privacy watchdog said he was "surprised by the tool itself, and how intrusive it is, and that it was used for so long."
"It is the inclusiveness of the tool that surprised me, not the fact that the state would use technology in the context of investigations," Therrien said.
Therrien added he was also surprised that given the years of public debate over lawful access and the issue of encryption, the RCMP did not inform him – in his capacity as the privacy commissioner -- of their ability to use spyware tools.
Privacy and Access Council of Canada President Sharon Polsky told MPs on Tuesday she agrees it is problematic the RCMP has not collaborated with the privacy commissioner, despite there being no legal requirement to do so.
"It's only after they get caught with their hands in the cookie jar. I think they're doing themselves a disservice, they and every law enforcement agency across the country, a disservice when they are not forthcoming," she said in response to a question from Conservative MP and committee member Damien Kurek on Tuesday.
"It also puts them on the defensive rather than coming forward and saying, ‘We need to use this type of tool' … Help educate the public as to why you need this particular type of tool. Don't wait to be put on the hot seat," Polksy said.
CALLS FOR RCMP TO DISCLOSE PROVIDER
Tuesday's hearings follow hours of testimony on Monday from Public Safety Minister Marco Mendicino, senior RCMP officers, and Canada's privacy commissioner.
During those hearings, it was revealed the RCMP has been using spyware for years longer and in more major criminal investigations than what was previously reported to Parliament.
The minister and top officers sought to emphasize to MPs how these tools to bypass encryption are used extremely rarely, in a targeted fashion that upholds the Charter, in a limited number of types of investigations such as terrorism and organized crime, and only ever with judicial authorization issued after demonstrating a high threshold of probable cause.
According to RCMP Commissioner Brenda Lucki, the RCMP has used ODITs in 32 investigations to target 49 devices since 2017. However, RCMP Assistant Commissioner Mark Flynn indicated to committee members on Monday the RCMP has actually been using technology with similar capabilities dating back to the early 2000s.
As part of its work, the committee has called for the RCMP to provide a list of warrants obtained as well as other related information about the use of spyware, however, this request has been met with resistance from the RCMP. This has prompted the committee to explore its options to compel further information in an appropriate setting such as an in-camera meeting or through redacted documents.
On Tuesday, Therrien told MPs from his years of experience pushing for updates to Canada's Privacy Act that, "to come to the conclusion that we need legislative change, we would first need to know how the current provisions have been applied, and to prove if there's to be any concern."
Further, the RCMP has refused offer any details about what specific software is being used, citing "the necessity to safeguard the ability to effectively use on-device investigative tools." While the government confirmed on Monday it is not the controversial software developed by Israeli firm NSO Group called Pegasus, MPs have questioned why the name of the vendor or vendors the RCMP uses are being withheld.
"It's hard to imagine how the name of a vendor would undermine national security," said Liberal MP Nathaniel Erskine-Smith during the first of Tuesday's two meetings.
"There is absolutely no reason why that should not be disclosed, and plenty of good reasons that it should," Deibert said.
While some committee members have expressed a desire to extend their probe, no further public meetings to hear from witnesses have been scheduled as part of this study. When the committee initially agreed to take on this special summer study, the aim was to finalize the report—with potential recommendations for changes to Canada's privacy laws or oversight mechanisms, as has been suggested by some witnesses— in advance of 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: 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.
opinion Don Martin: Pierre Poilievre's road to apparent victory will soon start to get rougher
Pierre Poilievre and his Conservatives appear to be on cruise control to a rendezvous with the leader's prime ministerial ambition, but in his latest column for CTVNews.ca, Don Martin questions whether the Conservative leader may be peaking too soon.
CTVNews.ca Top Stories
Budget 2024 'likely to be the worst' in decades, former BoC governor says
Without having seen it, former Bank of Canada governor David Dodge believes that Tuesday's 2024 federal budget from Deputy Prime Minister and Finance Minister Chrystia Freeland is 'likely to be the worst budget' in decades.
What's at stake for Canada after Iran's unprecedented attack on Israel
Following the Iranian missile and drone strikes against Israel over the weekend, Canada should take the threat of Iran and potential escalation of the conflict seriously, one global affairs analyst says.
Former B.C. school trustee's 'strip-tease artist' remark was defamatory, judge rules
A controversial former school trustee from B.C.'s Fraser Valley who described a political rival as a "strip-tease artist" during an election campaign has been ordered to pay her $45,000 for defamation.
'A sense of urgency': Sask. man accused of abducting daughter calls himself to the stand during trial
Michael Gordon Jackson, the man on trial after being charged with contravention of a custody order for allegedly abducting his daughter in late 2021 to prevent her from getting a COVID-19 vaccine, called himself to the stand Monday.
Kingston, Ont.'s Aaliyah Edwards drafted into WNBA
After four years at the University of Connecticut, Edwards was selected sixth overall by the Washington Mystics in the WNBA draft Monday night.
NASA confirms mystery object that crashed through roof of Florida home came from space station
NASA confirmed Monday that a mystery object that crashed through the roof of a Florida home last month was a chunk of space junk from equipment discarded at the International Space Station.
A knife attack in Australia against a bishop and a priest is being treated as terrorism, police say
Horrified worshippers watched online and in person as a bishop was stabbed at the altar during a church service in Sydney on Sunday evening.
Body of 14-year-old boy pulled from Lake Ontario, police say he drowned while swimming
The body of a 14-year-old boy has been pulled from Lake Ontario after police say he drowned while swimming near Ashbridges Bay Park on Sunday night.
'Rust' armourer gets 18 months in prison for fatal shooting by Alec Baldwin on set
A movie weapons supervisor was sentenced to 18 months in prison in the fatal shooting of a cinematographer by Alec Baldwin on the set of 'Rust.'
Local Spotlight
'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.
Grain-gobbling bears spark 'no stopping' zone in Banff National Park
A popular highway in Alberta's Banff National Park now has a 'no stopping zone' to help protect two bears.
Deer family appears to accept B.C. man as one of their own
B.C. resident Robert Conrad spent thousands of hours on Crown land developing an unusual bond with deer.
Doorbell video shows family of black bears scared off by dog in Sudbury, Ont.
A Sudbury woman said her husband was bringing the recycling out to the curb Wednesday night when he had to make a 'mad dash' inside after seeing a bear.
Quebec teacher fired after taking leave to be on 'Survivor' reality TV series
A school teacher who took part in the Quebec version of the Survivor reality TV show took time off work to be a contestant is now out of a job.
Young P.E.I. actor fulfills childhood dream to play Anne Shirley
A young actor from Prince Edward Island is getting the chance to fulfill a childhood dream, playing the precocious and iconic Anne Shirley on stage.
From beginner to Olympian: Meet Canada's youngest male to fence on the world stage
Nicholas Zhang, 17, will be competing at the Paris Olympics in July. He is the youngest Canadian male fencer to ever compete in the category.
'It was surreal': Ontario mother gives birth to son on day of solar eclipse
For many, Monday's total solar eclipse will become a distant memory or collection of photos to scroll through in the years to come. But for Alannah Duarte and her family, they'll be reminded of the rare celestial event every year they celebrate their youngest son's birthday, as he was born on the day of the momentous occasion.
Couple lucky to be alive after piece of Montreal highway crashes into their windshield
A Montreal couple is having a hard time driving without stress and is unhappy with the city's maintenance after a chunk of highway crashed into their windshield while driving on Thursday night.