Justice Minister says online harms bill would blunt Supreme Court ruling making child pornography investigations harder

Justice Minister Arif Virani is playing down concerns that a Supreme Court of Canada ruling around internet privacy could hamper police investigations into child sexual exploitation, arguing that the federal government’s new Online Harms Act would help police in such cases.

Mr. Virani said the online harms provisions requiring internet service providers to hand over IP data are not at odds with the Supreme Court ruling, which related to an online fraud case known as Bykovets. But he did not speak to what effect the new ruling could have on other kinds of child-exploitation investigations by police, who currently use an array of methods to access and relay the IP data about such suspects.

“We are deeply concerned about the impact that the Supreme Court of Canada’s decision may have on the ability of police to investigate online crimes,” Lianna McDonald, executive director, of the Canadian Centre for Child Protection, said in a statement. Companies and police agencies contacted by The Globe did not reply to questions about the impact of the Supreme Court ruling. “Microsoft has no comment at this time,” said spokeswoman Julia Perreira.

The proposed legislation says that in cases involving content that is “manifestly child sexual abuse and exploitation material,” an affected corporate entity must relay “a document containing any transmission data.”

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