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National Post
2 hours ago
- National Post
Opinion: Modernize the legal system to confront 21st-century organized crime
Article content The Jordan framework is a set of legal principles that determine whether a criminal trial has been delayed unreasonably, resulting in a rights violation. It enforces strict trial timelines of 18-30 months, forcing the dismissal of complex cross-border cases that in the U.S. could proceed under exceptions in the Speedy Trial Act. Article content The Stinchcombe disclosure rule requires the Crown to share virtually all evidence publicly, deterring the use of intelligence from our allies in court for fear of compromising sources. Our allies employ measures like public interest immunity or classified information procedures to protect sensitive data. Article content Our organized crime provisions are similarly out of step. The Criminal Code sections pertaining to organized crime (467.1–467.13) require proof of a rigid organizational structure and a benefit motive, a framework ill-suited to the decentralized, cell-based and digital networks driving today's transnational crime. In contrast, the U.S. RICO Act targets patterns of criminal behaviour, allowing prosecutions of crime leaders and facilitators in loosely co-ordinated syndicates. Article content Financial enforcement is equally weak. Between $45 billion and $113 billion is laundered in Canada each year, with British Columbia's Cullen Commission estimating that upwards of $5.3 billion is laundered through B.C. real estate every year. Article content The absence of a robust beneficial ownership registry leaves shell corporations and trusts as attractive vehicles for ' snow-washing ' illicit funds. FINTRAC's limited proactive authority contrasts sharply with the U.S. FinCEN 's ability to issue geographic targeting orders, freeze assets and compel cross-jurisdictional disclosure. Article content Jurisdictional gaps and enforcement silos further undermine our defences. Ports, airports and rail hubs often fall outside the authority of municipal and provincial police unless complex memoranda of understanding are in place, leaving vulnerabilities that organized crime exploits. Article content Intelligence is likewise siloed, with CSIS unable to readily convert its intelligence into admissible evidence — a problem the U.K. mitigates through closed-material proceedings. Article content Canada also lacks the means to compel internet service providers, payment processors and banks to sever support to foreign criminal enterprises, while the European Union's Digital Services Act — an overly restrictive act we should not strive to emulate overall — contains important elements, such as provisions empowering member states to force takedowns of criminal platforms. Article content To address these gaps, Canada should introduce targeted carve-outs to the Stinchcombe disclosure requirements and the Jordan timelines for organized crime and national security cases and create secure protocols for using allied intelligence in prosecutions. Article content The Criminal Code's organized crime sections should be modernized to include enforcement against decentralized networks alongside stronger wiretap and production order powers for digital and offshore data. Article content Financial transparency must be improved through a more robust and enforceable beneficial ownership registry and expanded FINTRAC powers.
CBC
4 hours ago
- CBC
Quebec court decision reveals RCMP keeps media flagged as child porn — even if it's not
A case involving a Montreal man accused of possessing child pornography is shedding light on wider privacy concerns. The RCMP receives photos and videos of suspected child pornography from tech giants, but the majority of what's flagged by AI detection tools are people's personal, sometimes explicit photos. The man's lawyer argues the RCMP's online data collection techniques, which involve storing those images for up to 100 years, are unconstitutional.
CBC
4 hours ago
- CBC
RCMP stores explicit media flagged as child porn — even if it's not, Quebec court case reveals
Every year, the RCMP receives tens of thousands of photos and videos of suspected child pornography from tech giants like Google or Meta, all per Canada's mandatory reporting laws. But even though the majority of these images are not deemed harmful, the RCMP still plans to store them for 100 years. This emerged after a Montreal lawyer argued that his client, accused of accessing child pornography via a messaging app, had his constitutional rights violated when AI software automatically flagged and forwarded the images to Canadian law enforcement. "We ask the court to avoid abuses from a privacy point of view," said Félix-Antoine Doyon. "Courts need to put their nose in the equation in order to balance the situation and in order to avoid the state collecting, again, private stuff from people who have done nothing illegal." Back in July, his request for a stay of proceedings for his client was rejected in a Court of Quebec decision. In his client's case, it was the messaging service Kik that forwarded imagery through the National Center for Missing and Exploited Children (NCMEC), a U.S. non-profit, to Canadian authorities. Doyon argued the procedures constitute an unlawful search or seizure. The court, however, upheld the lawfulness of the process, stating that the actions of Kik and the NCMEC were in compliance with U.S. law and did not violate Canadian constitutional protections. 70% of reports dismissed, but content still stored The case revealed that about 70 per cent of reports flagged by AI software are dismissed by the NCMEC, while the rest are sent to authorities, according to court documents. According to the court decision, several factors can prevent a file from being referred to police, including when the reported material does not clearly meet the Criminal Code definition of child pornography — such as memes or humorous content deemed too minor to warrant resources — or when reports generated by AI without human validation turn out not to involve illegal content. In Quebec, the RCMP's child exploitation unit found about 55 per cent of reports received in 2023 were not criminal and the cases were closed. Doyon's request for a stay of proceedings revealed images collected remain with OCEAN, an RCMP-managed law enforcement database used to store information from reports of suspected child sexual exploitation online. Even if the report is closed, the data is retained for a century under the RCMP's policy, court documents show. Access to OCEAN is strictly limited to police members working on online child exploitation investigations, documents say. Investigators can use information, such as IP addresses, to see if it matches previous reports or ongoing investigations, but OCEAN does not automatically share data with other databases. While Doyon's request was rejected and his client's criminal case is continuing, he said he will take his argument to the Supreme Court of Canada if necessary. Canada's privacy laws decades out of date, professor says Any images, even personal photos, can be automatically reported by cloud services operating in Canada, according to Luc Lefebvre, president of a Montreal-based non-profit that focuses on cybersecurity, privacy and technology. "With the happening of machine learning and artificial intelligence, all the different cloud platforms are using these systems to automatically flag that kind of content," he said. In Canada, companies must report suspected child sexual abuse online under mandatory reporting laws established in 2011 to protect children and aid law enforcement investigations. Evan Light, a University of Toronto communications professor, said Canada's privacy laws are decades out of date and unable to deal with the current reality of technology and law enforcement. "And so we have a pretty big open space in which law enforcement can essentially do what they please," he said. Light said there is a conflict of interest when the government is asked to put "guardrails on its own ability to invade the privacy of people, and I think governments generally don't want to do that."
