The Criminal Code provisions related to search powers and electronic surveillance need to be updated to reflect how emerging technologies are affecting the way in which such investigative powers are performed. For example, legislative authority for production orders to be issued in one province and enforceable in another (as is proposed in Bill C-30), would enhance the ability of the police to effectively search and seize data in circumstances where third parties who hold relevant data are located in different jurisdictions (i.e., the data is stored in a different province than the province where the investigation is underway). Similarly, in Canada, there has been extensive public debate online and in the media concerning the appropriate legal standards and safeguards to apply when law enforcement agencies seek to obtain subscriber information from telecommunications providers. These legal standards and safeguards will require statutory clarification.
Local resources/expertise to conduct forensic analysis would eliminate or at least reduce delays but would require more resources to implement.
