Deputy RCMP commissioner defends use of spyware but concedes 'legislative gaps'

The deputy commissioner of the RCMP says its use of spyware is necessary when other investigative means run their course but concedes there are "legislative gaps" in governing when such technology is used.

The recent revelation that the Mounties are using spyware sparked an investigation by the House of Commons ethics and privacy committee earlier this month, amid concerns about the risk of invading Canadians' privacy.  

"We want to mitigate those risks," Bryan Larkin told Power & Politics host Vassy Kapelos on Thursday. "We want to ensure that we create solid criminal investigations that meet the rigour of our judicial system."

The Mounties' use of what they call "on-device investigation tools" involves remotely accessing cellphone and computer microphones, cameras and data. 

The agency initially said the technology was used 10 times between 2018 and 2022. RCMP Commissioner Brenda Lucki later said it was used in 32 investigations to target 49 devices since 2017. 

Larkin said the force is trying to find "that true balance of the privacy of Canadians and ensuring that we keep our country safe and resilient."

WATCH | Spyware comes with gaps and risks, Larkin says:

RCMP deputy commissioner discusses force’s controversial usage of spyware technology

2 years ago

Duration 10:29

Deputy RCMP Commissioner Bryan Larkin defended the national police force’s use of spyware to conduct surveillance and collect data from digital services. ‘We recognize that there’s legislative gaps, we want to mitigate those risks’ Larkin said.

'A significantly high threshold' for usage

During his testimony before the committee, Daniel Therrien, who was the country's privacy commissioner until recently, said he was never informed about the RCMP's use of spyware. 

"It was surprising that in the context of many, many debates in the public about the challenges of encryption, that when I was privacy commissioner, I was not told that a tool was used to overcome encryption," he said. 

Larkin said the spyware is a key part of the RCMP's toolkit, especially when traditional avenues of investigation such as interrogation and physical surveillance are exhausted. 

"But it's got a significantly high threshold" for usage, he said, such as in national security investigations, homicides and significant drug trafficking or importation.  

The process of obtaining the necessary legal authorization for its use is not speedy, he added. 

"This isn't a one-week process." 

While Larkin confirmed the force will co-operate with the federal privacy commissioner in finalizing an assessment process for the technology, he said there is still a lot of work to be done on enhancing transparency and trust from Canadians. 

"We understand Canadians' concerns," he said. "This is a new emerging technology … We want to ensure that we create solid criminal investigations that meet the rigour of our judicial system."