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Modernization of Investigative Techniques Act, Bill-C74  was first introduced in the Canadian House of Commons on November, 15, 2005 Introduced as a part of a package of “Lawful Access” proposals, Modernization of Investigative Techniques Act (MITA) if passed, would require telephone and internet service providers to design, create and maintain interception capabilities into existing networks and into new technologies as they are introduced into Canada. Second, it would allow law enforcement to compel telephone and internet service providers to disclose subscriber information without a warrant.

Under the Criminal Code Act of Canada, “Lawful Access” provisions for the interception of communications by law enforcement was first adopted in 1974. The Criminal Code was amended in the 1980s and again in the 1990’s to allow law enforcement the ability to search and cease computer systems. In 1984 the Canadian Security Intelligence Service (CSIS) Act was passed by Parliament giving law enforcement the right to lawfully intercept private communication in defense of national security. Supporters of Modernization of Investigative Techniques Act and other “Lawful Access” legislation, being proposed to date, believe the passage of these bills will amend current provision for “Lawful Access” in existing legislation like the Criminal Code Act and Canadian Security Intelligence Service (CSIS) and support law enforcement to lawfully access trasmission data from new technologies such as smartphones.

The dissolution of Parliament on November 28th, 2005 ended all bills introduced during the 38th Parliament by the, then Liberal government, including Modernization of Investigative Techniques Act, Bill C-74.

Private Member’s Bill C-416 and C-285
Liberal MP Marlene Jennings re-introduced Modernization of Investigative Techniques Act as a Private Member’s Bill, Bill C-416 in March 2007 and again in February 2009, as a Private Member`s Bill, Bill C-285. In both instances, Modernization of Investigative Techniques Act only received one reading before new elections were called, ending the review process of this bill.