February 26, 2026
Ottawa, ON – Earlier today, the National Police Federation (NPF) hosted an educational discussion with a panel of legal and privacy experts on lawful access in Canada, bringing together parliamentarians, legal and academic experts, media, police, and other stakeholders to deepen understanding of how Canada’s laws must evolve to keep pace with modern technology while protecting privacy rights.
Unlike its Five Eyes partners, Canada does not have a clear, up‑to‑date lawful access framework for digital communications, and many of the core provisions investigators rely on were drafted decades ago: before smartphones, encrypted messaging, cloud storage, and global online platforms even existed. As a result, the law often reflects an analog world, while serious crime has moved online.
Serious crime is increasingly happening in the digital space. Terrorism, extortion, child exploitation, organized crime, and foreign interference rely on digital platforms and global infrastructure, yet the tools and processes investigators depend on have not kept pace. Even when judges authorize warrants, police are often unable to act because service providers are not clearly required to assist or may lack the technical capability to do so. This creates a growing gap between what the courts permit and what investigators need to keep Canadians safe, a gap that oversight bodies have warned is weakening Canada’s security posture relative to its allies.
That gap has real consequences. Delays in accessing digital evidence can mean lost information, stalled investigations, and ongoing harm to victims and communities. In communities like Surrey, BC, threats are often made on platforms such as WhatsApp, but before police can trace the message, suspects frequently change their number or identity because the current process takes so long. Investigators are often forced to rely on slow processes and complex legal workarounds that were never designed for the speed, volume, and cross-border nature of modern crime, creating barriers that criminals can exploit.
A lawful access framework must address these barriers directly. New, clearly defined legislation should ensure that when a judge authorizes access to data, companies operating in Canada can readily provide the necessarytechnical assistance within strict legal and privacy boundaries. Such a framework would set consistent expectations for service providers, streamline access to basic subscriber information needed at the outset of investigations, and maintain strong judicial oversight and Charter compliant safeguards at every stage.
The NPF has been clear: this is not about expanding police powers or weakening privacy rights. It is about ensuring that long-standing, court-approved authorities remain effective in a digital world, where critical evidence is often fleeting, encrypted, and stored across multiple jurisdictions. Any framework must embed judicial authorization, necessity and proportionality tests, and robust privacy protections while closing the growing gaps between law and technology.
By convening today’s educational discussion, the NPF continues to advance practical, solutions-focused conversations that reflect the realities facing police and help inform parliamentarians, stakeholders, and the public about the stakes of inaction. The NPF is calling for a modern, made in Canada lawful access framework that brings the country in line with its Five Eyes partners, addresses real barriers to investigating serious digital agecrime, and upholds the rights and freedoms Canadians expect.
Read our full backgrounder here: https://npf-fpn.com/app/uploads/2026/02/NPF-InfoAccessDocument-Digital-Format-EN.pdf
Quotes
Brian Sauvé, President and CEO, National Police Federation
“Canada’s laws must keep pace with the realities our Members face every day. We are not asking for new powers — we are asking for the ability to execute warrants that courts have already approved. Canadians deserve both strong privacy protections and effective public safety tools.”
Leah West, National Security Lawyer and Academic
“Democratic societies can protect both privacy and security. Clear legal rules, strong judicial oversight, and defined obligations for service providers are essential to ensuring that lawful access operates within constitutional boundaries while remaining effective.”
Deputy Chief Nick Milinovich, Peel Regional Police
“Across Ontario and the rest of Canada, police are seeing how quickly serious crime has moved into the digital space. Our laws need to keep pace. A modern lawful access framework would give police a clear and consistent way to execute court-authorized warrants so we can protect communities while maintaining the strong judicial oversight Canadians expect.”
About the National Police Federation:
The National Police Federation (NPF) represents ~20,000 RCMP Members serving across Canada and internationally. We are the largest police union in Canada. The NPF is focused on improving public safety for all Canadians, including our Members by advocating for much-needed investment in the public safety continuum. This includes investments in police resourcing and modern equipment, as well as social programs including health, addiction, and housing supports to enhance safety and livability in the many communities we serve, large and small, across Canada.
For more information: https://npf-fpn.com/
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