INTRODUCTION AND BRIEF DESCRIPTION
This section requires the Minister of Public Safety and Emergency Preparedness to prepare a report each year on authorizations and interceptions made under specific sections of the Criminal Code.
SECTION WORDING
195(1) The Minister of Public Safety and Emergency Preparedness shall, as soon as possible after the end of each year, prepare a report relating to (a) authorizations for which he and agents to be named in the report who were specially designated in writing by him for the purposes of section 185 made application, and (b) authorizations given under section 188 for which peace officers to be named in the report who were specially designated by him for the purposes of that section made application, and interceptions made thereunder in the immediately preceding year.
EXPLANATION
Section 195(1) of the Criminal Code of Canada requires the Minister of Public Safety and Emergency Preparedness to prepare an annual report. This report should detailthe authorizations given to agents and peace officers to conduct interceptions under Sections 185 and 188 of the Criminal Code. Specifically, Section 185 allows authorized agents to intercept private communications, such as phone calls or emails, if it is necessary for an ongoing investigation. Meanwhile, Section 188 permits peace officers to intercept private communications to prevent or investigate serious offenses. The report should also provide details on the actual interceptions carried out during the previous year. This includes information on the type of interception used, duration, and any notable findings. These reports are an essential component of ensuring compliance with Canadian laws on privacy and data protection. By requiring the Minister of Public Safety and Emergency Preparedness to prepare these annual reports, Section 195(1) promotes transparency and accountability for legal interception activities in Canada. Citizens can be confident that government officials are conducting these activities lawfully and that their privacy and security are being protected.
COMMENTARY
Section 195(1) of the Criminal Code of Canada pertains to the annual reporting requirements relating to interception of communications. This section mandates the Minister of Public Safety and Emergency Preparedness to prepare an annual report that outlines specific detail about the interceptions of communications, i.e. authorizations given, applications made, and interceptions made in the previous year. It is important to note that while the interception of communications is generally prohibited under Canadian law, there are statutory exceptions that allow for it under certain circumstances. These circumstances include when it is done pursuant to a valid warrant or court order, or when it is necessary to protect national security or public safety. In such situations, the government or law enforcement agencies are permitted to intercept communications for a limited period, subject to strict oversight and reporting requirements. One such reporting requirement is the provision outlined in Section 195(1) of the Criminal Code of Canada. This provision is essential to ensure transparency and accountability in the interception of communications, which can have a significant impact on privacy and freedom of expression. The annual report that is prepared pursuant to this section must contain information about authorizations for which the Minister and designated agents made application, as well as authorizations given under Section 188 for which specially designated peace officers made application. It must also include information about the interceptions made thereunder in the preceding year. This report must be prepared "as soon as possible" after the end of each year, highlighting the importance of timely reporting to ensure that information remains relevant. The purpose of this provision is to help build public trust in how the government and law enforcement agencies carry out their duties with respect to the interception of communications. By requiring the Minister of Public Safety and Emergency Preparedness to report annually, Canadians are able to assess whether these activities are being conducted in accordance with the law and under proper oversight. Overall, Section 195(1) of the Criminal Code of Canada is an important provision that helps to maintain transparency and accountability in the interception of communications. As such, it plays an instrumental role in safeguarding the rights and freedoms of Canadians.
STRATEGY
Section 195(1) of the Criminal Code of Canada requires the Minister of Public Safety and Emergency Preparedness to prepare a report at the end of each year about authorizations for interceptions and the agents and peace officers involved in applying for those authorizations, as well as the interceptions made in the preceding year. This section creates a strategic challenge for law enforcement agencies as they must ensure that their interceptions are in compliance with the law and also remain effective in achieving their goals. To address these challenges, several strategic considerations and strategies can be employed, and some of them are discussed below. Firstly, law enforcement agencies must ensure that their interceptions are lawful and authorized. Section 184(1) of the Criminal Code of Canada stipulates that a judge may issue an interception order only if there are reasonable grounds to believe that an offense has been, is being, or is about to be committed. Law enforcement agencies should always have a clear understanding of the legal requirements and thresholds for obtaining an interception order and ensure that they meet these requirements before applying for an interception order. Secondly, law enforcement agencies must ensure that their intercepts are focused and targeted. Interception orders should be directed at specific individuals or organizations suspected of criminal activity. Blanket surveillance is not allowed under the law and can lead to legal challenges, loss of public trust, and ineffective use of resources. Law enforcement officers should conduct sufficient surveillance and intelligence operations to identify key targets for interceptions. Thirdly, law enforcement agencies must ensure that their interception activities do not compromise the privacy and rights of individuals. Section 8 of the Canadian Charter of Rights and Freedoms guarantees the right to privacy, and interception activities must respect this right. Agencies must take steps to ensure that the right to privacy is not violated while gathering intelligence or conducting surveillance. Fourthly, law enforcement agencies must ensure that their interception activities are effective. The goal of interception activities is to detect and prevent criminal activity. Agencies should invest in the development of effective intelligence and surveillance strategies to maximize their chances of detecting criminal activity. They should also invest in the development of advanced interception technologies to help them stay ahead of technological developments in the criminal world. Finally, law enforcement agencies must ensure that their interception activities are transparent and accountable. The public must have confidence that law enforcement agencies are acting in their best interest and within the bounds of the law. Law enforcement agencies must be transparent about their interception activities, which should be subject to regular audits, and accountable to their stakeholders. In conclusion, Section 195(1) of the Criminal Code of Canada creates a strategic challenge for law enforcement agencies in balancing the requirements of the law with their interception activities. To deal with this challenge effectively, agencies need to ensure their interceptions are lawful, focused, respectful of individual privacy, effective, transparent, and accountable. Achieving these goals requires the development of advanced intelligence and surveillance strategies, the use of advanced technologies, and effective oversight and accountability mechanisms. Ultimately, the effectiveness of interception activities will depend on law enforcement agencies' ability to balance these strategic considerations.