An RCMP officer and a retired Vancouver cop say not even police are safe from high-tech spyware
Canadian law enforcement and intelligence agencies are facing increased scrutiny following revelations of the use of controversial spyware in the case of retired Vancouver police officer Paul McNamara and Ontario RCMP officer Pete Merrifield.
The use of On-Device Investigative Tools (ODITs) by the RCMP to remotely hack into the phones of McNamara and Merrifield has raised serious concerns about privacy rights and accountability. The spyware allows police to access real-time messages on a person’s phone, even on encrypted apps like Signal. While two-step authentication can still block access to certain data, the invasive technology has far-reaching implications for police surveillance.
With no legislation regulating spyware use in Canada, the RCMP has operated in secrecy, using ODITs since 2017 without public disclosure. The force claims to only deploy the spyware for serious criminal investigations with judicial authorization, but the lack of independent monitoring and review processes has left privacy advocates and legal experts alarmed.
McNamara and Merrifield were surveilled in connection to a foreign interference investigation involving former RCMP inspector William Majcher. Despite both officers being told they were witnesses, not suspects, in the case, the RCMP gained access to their phones using ODITs. The officers are now seeking damages from the federal government, alleging defamation and loss of reputation due to inaccurate information provided by CSIS.
The internal documents and court evidence in the Majcher case reveal the RCMP’s struggles in accessing the officers’ phones, including failed attempts to crack passwords for various accounts. The invasive nature of the spyware has left McNamara and Merrifield feeling violated and betrayed by the very institutions they served.
Merrifield, in particular, has expressed deep concerns about the power of ODITs and the breach of privacy they represent. As a co-founder of the National Police Federation, he believes the use of spyware not only violated his own privacy but that of thousands of union members. The ability of ODITs to turn a phone into a camera or microphone, even when powered off, highlights the extreme intrusiveness of the technology.
With ongoing legal battles and calls for transparency and accountability, the use of spyware by Canadian law enforcement agencies remains a contentious issue. As privacy rights continue to be eroded by advancing surveillance technologies, the case of McNamara and Merrifield serves as a stark reminder of the need for robust safeguards to protect individuals from unwarranted intrusion.
