About this Project

This blog comments on Canadian (and occasionally comparative) national security law to update my National Security Law textbook and now also my 2015 book, False Security: The Radicalization of Anti-terrorism, co-authored with Kent Roach.

Please also see www.antiterrorlaw.ca for Bill C-51-related analyses by Craig Forcese and Kent Roach.

For narrated lectures on various topics in national security law, please visit my 2017 "national security nutshell" series, available through iTunes.

 

For a continuing conversation on Canadian national security law and policy, please join Stephanie Carvin and me at A Podcast Called INTREPID.

 

Please also visit my archive of "secret law" in the security area.

By Craig Forcese

Full Professor
Faculty of Law

Email: cforcese[at]uottawa.ca

Twitter: @cforcese

 

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Wednesday
Jun242015

One Warrant to Rule Them All: Re-Conceiving the Judicialization of Extraterritorial Intelligence Collection

I have posted a draft chapter on the implications of bill C-44 and related matters for Canada's extraterritorial intrusive surveillance operations, especially for CSIS.  The paper can be found here.  The abstract is as follows:

Spying by Canadian agencies is now “judicialized” to an unprecedented extent. In the area of extraterritorial surveillance, the result has been a series of difficult court decisions, and an inadequate legislative response. This brief article explores these assertions. It begins by briefly setting the stage, examining the role and jurisdiction of Canada’s two chief intelligence services. The article then highlights recent controversies, before describing the arcane legal questions they have provoked. Finally, it suggests looking to the Australian model of distinguishing between anti-terror and other types of intelligence operations to bifurcate the judicialization of extraterritorial intelligence collection.