section 195(5)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires the Attorney General of each province to prepare and publish an annual report on authorizations and interceptions related to section 185 and 188.

SECTION WORDING

195(5) The Attorney General of each province shall, as soon as possible after the end of each year, prepare and publish or otherwise make available to the public a report relating to (a) authorizations for which he and agents 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 specially designated by him for the purposes of that section made application, and interceptions made thereunder in the immediately preceding year setting out, with such modifications as the circumstances require, the information described in subsections (2) and (3).

EXPLANATION

Section 195(5) of the Criminal Code of Canada mandates the Attorney General of each province to publish a report every year relating to authorizations made under sections 185 and 188, and interceptions made thereunder in the previous year. Section 185 allows law enforcement agencies to apply for judicial authorizations to intercept private communications in the context of criminal investigations, while section 188 permits peace officers to apply for authorizations to intercept communications in emergency situations. The reports prepared by the Attorney General must contain the information outlined in subsections (2) and (3) of section 195, which include details about the number of authorizations granted, the offences being investigated, and the number of interceptions made. The purpose of this reporting requirement is to promote transparency and accountability in the use of interception powers, and to provide the public with information about the scope and impact of these intrusive investigative techniques. By making this information readily available to the public, the government can ensure that the use of interception powers is subject to proper oversight, and that Canadians' privacy rights are protected.

COMMENTARY

Section 195(5) of the Criminal Code of Canada mandates the Attorney General of each province to prepare and publish an annual report on authorizations given for interception of communication under section 185 and 188 of the Code. The report should also contain information on interceptions made in the previous year and the information described in subsections (2) and (3) of section 195. This provision facilitates transparency and accountability of the government's surveillance activities, which is crucial in upholding the privacy rights of individuals. The regulation of interception of communication is a delicate balance between protecting national security, combating crime, and safeguarding individual rights and freedoms. The Supreme Court of Canada has long recognized that privacy is a fundamental human right, and the Canadian Charter of Rights and Freedoms protects individuals from unreasonable searches and seizures. Thus, any interception of communication must be authorized by a judicial warrant or by specific legislation that meets the constitutional threshold of being reasonable in a democratic society. Sections 185 and 188 of the Criminal Code provide for such interception of communication in certain circumstances. For example, section 185 allows the interception of private communication where it is necessary to detect or prevent activities that pose a threat to national security, while section 188 permits interception to prevent or investigate serious offenses such as terrorism, drug trafficking, or organized crime. These provisions have been subject to scrutiny and judicial interpretation to ensure that they do not infringe on individuals' privacy and Charter rights. The requirement under section 195(5) of the Criminal Code for the Attorney General of each province to prepare and publish an annual report on interception of communication serves several purposes. Firstly, it ensures that the government is transparent and accountable in its use of surveillance powers. The report should contain information on the number of authorizations granted, the offenses or threats used to justify the interception, and the number and nature of interceptions made. This information helps to assess the scope and impact of interception of communication on individuals' privacy and civil liberties. Secondly, the report enables the oversight of interception of communication by the judiciary, the Parliament, and the public. The Judiciary, particularly the judges who issue the warrants, can use the report to evaluate the effectiveness and legality of their decisions. Parliament can use the report to review and amend the laws on interception of communication and to hold the government to account for its surveillance practices. The public can use the report to scrutinize and challenge the government's use of their personal information and to advocate for stronger privacy safeguards. Overall, section 195(5) of the Criminal Code of Canada is a crucial provision in ensuring transparency and accountability of the government's surveillance activities. By requiring the Attorney General of each province to prepare and publish an annual report on interception of communication, this provision promotes respect for privacy and protects individuals' rights and freedoms while balancing the need to investigate and prevent serious crime and threats to national security.

STRATEGY

Section 195(5) of the Criminal Code of Canada requires the Attorney General of each province to prepare and publish a report detailing authorizations and interceptions made under sections 185 and 188 in the preceding year. This section serves as an important tool for transparency and accountability in the use of interception powers by law enforcement agencies. Strategic considerations when dealing with this section of the Criminal Code may include the following: 1. Transparency: Providing a detailed report that outlines the number of authorizations and interceptions made in the preceding year, the reasons for these interceptions, and the outcomes of investigations is essential to building public trust in the use of interception powers. By being transparent, the government can demonstrate that these powers are being used appropriately and in accordance with the law. 2. Accuracy: As the information in the report is used to assess the effectiveness of interception powers and inform future policy decisions, it is important that the information presented is accurate and complete. Careful consideration should be given to ensuring that all relevant information is included in the report and that it is presented in a manner that is clear and easy to understand. 3. Privacy: Interception powers can be a valuable tool in combating crime, but they must be used in a way that respects individual privacy rights. The information presented in the report should not include any identifying information about individuals who have been subject to interception, unless this information is necessary to understand the nature of the interception or the investigation. 4. Resource allocation: Interception powers are a resource-intensive tool, and it is important to ensure that they are being used effectively. By analyzing the information presented in the report, policymakers can assess whether resources are being allocated appropriately and make adjustments as needed. Strategies that could be employed when dealing with this section of the Criminal Code may include the following: 1. Standardized reporting: To ensure consistency across provinces and territories, a standardized reporting format could be developed that outlines the required information that must be included in the report. This would make it easier to compare data across jurisdictions and identify trends in the use of interception powers. 2. Increased public engagement: The report could be used as an opportunity to engage with the public and educate them about how interception powers are being used. Public consultations could be held to gather feedback on the report and the use of interception powers more broadly. 3. Ongoing evaluation: The report should not be viewed as a one-time exercise, but rather as part of an ongoing evaluation process. Regular evaluations of interception powers and their use should be conducted to ensure that they are effective and still necessary. 4. Collaboration: To ensure that the report is accurate and complete, a collaborative approach could be taken, involving multiple stakeholders including law enforcement agencies and civil liberties organizations. This would help to ensure that all perspectives are represented and that the report reflects a balanced view of interception activities. Overall, section 195(5) of the Criminal Code of Canada serves as an important tool for transparency and accountability in the use of interception powers. By carefully considering the strategic considerations and employing effective strategies, policymakers can ensure that the report is informative, accurate, and useful for evaluating interception activities.