The latest Search Engine podcast includes an interview with Public Safety Minister Peter Van Loan on the lawful access legislation.
Search Engine Talks to Van Loan on Privacy Expectations
June 30, 2009
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Law Bytes
Episode 244: Kris Klein on the Long Road to a Right to be Forgotten Under Canadian Privacy Law
byMichael Geist

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The internet is like a big phone, right?
It seems to me that no one has really nailed the Conservatives on their position—stated in the interview—that legislating the internet like the phone system is a good idea. I took a stab at showing the problems with that way of thinking: http://ryancbriggs.net/post/133210284/the-internet-is-like-a-big-phone-right
Nope, not a phone system
but rather a communications system. Note that, if memory serves, the police also have authority to intercept and open snail mail with a warrant; this bill extends to cover these.
I’ve no particular issue with the concept of warranted access. I am not, however, enamored of the warrantless access provisions of the bill. I see no particular need for warrantless access to any information from a provider; the police have demonstrated that they can, and will abuse this power (emergency phone wiretap orders), see http://www.cbc.ca/canada/story/2009/06/26/police-emergency-wiretaps.html?ref=rss. According to one para at the end, the OPP started to prepare for a warrant, then decided to use the emergency order instead. No reason given, but I can imagine that it was one of:
1) We’ll never get the warrant based on what we have;
2) We didn’t finish it in time; or
3) Too much trouble.
Personally I’d suspect the first option.