Parliamentary Committee Notes: Speaking Notes for The Honourable Marco Mendicino Minister of Public Safety

Appearance Before the Standing Committee on Access to Information, Privacy and Ethics:
Device Investigation Tools Used by the RCMP

August (TBC), 2022

Honourable Chair, Vice Chairs, Committee Members:

Thank you for inviting me here today, on traditional Algonquin territory.

I want to begin by thanking this Committee for its studies on the intersection of technology and policing, including the recent report on facial recognition technology.

And I welcome this opportunity to talk about the adoption of new tools and technologies, especially as it concerns transparency, privacy, legal and ethical standards.

Technology and policing have always been closely interconnected.

But today’s tech is advancing exponentially.

From the evolution of mobile and wireless, to supercomputing, advanced analytics, biometrics, surveillance, forensics and beyond, it’s imperative that law enforcement bodies keep up with the pace of change.

it’s crucial that we do so to pursue those who would exploit new technologies for malicious intent…

…Not only to increase efficiency, but also to closely examine how law enforcements selects and implements these technologies, to ensure the privacy, rights and freedoms of Canadians.

In so doing, we must get that balance right.

For my part today, I’m pleased to provide a brief overview of the tools used by the RCMP.

The RCMP uses investigative technology and cutting-edge scientific tools in the areas of forensic science, fingerprinting, biometric and DNA data, and surveillance, among other areas.

Forensic Science and Identification Services, for example, is an integral part of National Police Services, often relying on advanced science and technology.

Through these services groundbreaking technology helps to identify biological evidence collected from crime scenes, examine firearms, seized materials and suspect counterfeit currency or ID, screen for a broad range of drugs and poisons, and helps to provide expert scientific testimony in courts.

With respect to investigative technology specifically, the latest technology available to the RCMP helps link crimes together, secure, record and document a crime science, identify suspects and victims, and writ large, helps to keep Canadians and our communities safe.

The RCMP’s CAIT program, or Covert Access and Intercept Team, uses approved technology to collect data that cannot be collected using traditional wiretaps or other less intrusive investigative techniques.

This is only used under judicial authorization for the most serious offences.

Further, their Special “I” Program is primarily responsible for the lawful electronic surveillance mandate of the RCMP.

This has been the unit responsible for all interception of private communications which can be obtained, pursuant to authority under part 6 of the Criminal Code.

It involves technical installations and deployments of electronic surveillance equipment in support of policing investigations.

And it involves monitoring and analysis of data and communications which have been lawfully intercepted.

But colleagues, through all these examples, I’ll be clear that transparency and accountability, privacy, and respecting fundamental rights and the law are paramount.

The Privacy Commissioner has echoed that sentiment.

And the Government is committed to making sure that is foundational to all activities, including training and operational processes.

In particular, one of the key outcomes of the Commissioner’s investigation and report on the use of facial recognition was the need for a centralized process for the adoption of new tools and technologies.

In March of last year, the RCMP created the National Technologies Onboarding Program.

The purpose of the NTOP is to centralize, standardize and bring greater transparency to the processes that govern how the RCMP identifies, evaluates, tracks and approves the use of new technologies and investigative tools.

It will be the first point of contact for any unit interested in using a new operational technology.

It will ensure that a thorough evaluation of the technology is completed, making sure the technology meets all privacy, legal and ethical standards.

The NTOP has begun accepting new technologies for assessment, and will continue to increase capacity as it moves towards becoming fully operational.

And I want to highlight that the RCMP is fully engaged with the Privacy Commissioner’s Office, to ensure that privacy impacts are assessed, for all new uses of facial recognition being considered.

Legal considerations are equally taken into account for the use of technology at all stages, including through the Criminal Code which sets out provisions for judicial authorization, and requires that I report annually to Parliament on the use of electronic surveillance.

Given the RCMP mandate and the necessity to safeguard their ability to effectively use on-device investigative tools, we are not able to discuss some technical or operational details of these tools.

However, I can confirm that the RCMP takes the privacy of Canadians very seriously, and acts within the boundaries of existing authorities, as set out in legislation and by the Federal Court.

Judicial authorization is required and obtained for the deployment of any on-device tech to occur in the context of a federal investigation.

Mr. Chair, in fulfilling its crucial mandate, the RCMP performs its duties and functions in accordance with the rule of law, and in a manner that respects the Charter.

And as I close, I want to take this opportunity to thank our law enforcement colleagues for all they do to protect Canadians, while striking the balance we need between protection and fundamental rights.

Thank you, Mr. Chair.

Date modified:

2022-10-24