Criminal Law: Government Surveillance, Privacy, and Canadian Law

This report examines the complex issues surrounding government surveillance and privacy within the context of Canadian criminal law. It highlights the controversies surrounding surveillance practices, particularly after the 9/11 attacks and the revelations from Edward Snowden. The report discusses the role of the Communications Security Establishment (CSE) and the legal frameworks governing its activities, including the Anti-Terrorism Act, the Canadian Charter of Rights and Freedoms, and the Privacy Act. It explores the limitations placed on the CSE, such as the prohibition against intercepting private conversations of Canadians and the restrictions on metadata surveillance without a warrant. The report concludes by emphasizing that government surveillance should be limited to foreign intelligence targets and the misuse of surveillance powers would amount to violation of the legislations.

Running head: CRIMINAL LAW
CRIMINAL LAW
Name of Student
Name of University
Author Note

1CRIMINAL LAW
Government Surveillance
The Western governments have been criticized in the recent years for their use of the
technology for surveillance over citizens. The critics have been accused these governments to be
collecting massive amounts of information without any evidence whether these information are
at all effective towards the improvisation of the security of the country. There have been various
international debates over privacy, spying and internet surveillance after months of surveillance
related documents from Communications Security Establishment (CSE) were leaked by US
based whistleblower Edward Snowden in the year 2013 (Geist, 2015). The number of Canadian
citizens that were affected by the surveillance of the CSE is even unknown to the CSI. The
capacity of the CSE has expanded significantly after the Anti Terrorism Act 2001 was passed
after the 9/11 event. It has however been claimed by the CSE that it is bound by the Canadian
Charter of Rights and Freedoms, Canadian Criminal Code and the Privacy Act and other
Canadian laws and hence are not legally allowed to be intercepting private conversations of the
Canadians. Further under the Security of Information Act the employees of CSE are permanently
legally bound to secrecy of the data received. The Metadata surveillance program by the
Canadian Government is also tracked by CSE. It has been claimed by CSE that the collection of
metadata of the Canadians without any warrant would be resulting in a violation of the National
Defence Act. Thus it can be seen that the Government only has the right to track data for the
foreign intelligence targets and the misusing the power of surveillance would amount to violation
of the legislations.

2CRIMINAL LAW
Reference
Anti Terrorism Act 2001
Canadian Charter of Rights and Freedoms
Canadian Criminal Code
Geist, M. (2015). Law, privacy and surveillance in Canada in the post-Snowden era. Les Presses
de l'Université d'Ottawa/University of Ottawa Press.
National Defence Act
Privacy Act