Michael Kilby
On June 18, 2009, the Minister of Justice tabled a new statute, Bill C-46, also known as the Investigative Powers for the 21st Century Act, proposing amendments to the Criminal Code, the Mutual Legal Assistance in Criminal Matters Act, and the Competition Act. The stated purpose of the new Bill, which has received first reading in Parliament, is to enhance the investigative powers of law enforcement agencies in order that they may keep pace with modern communications technologies. Amendments to the Criminal Code are intended to give investigators better tools to perform complex investigations into communications that have occurred over the Internet and/or electronic communication networks. Among other things, Bill C-46 will create a new concept of "transmission data," and extend investigative powers currently restricted to telephone data to all means of telecommunications. The Bill will enhance the power of investigators to seek court orders to compel the production of data with respect to the transmission of communications, and the location of transactions and individuals. Government investigators will also be given powers to seek orders for the preservation of electronic evidence and warrants to help track transactions and individuals.
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