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

23 Pages Posted: 26 Jun 2015 Last revised: 17 Dec 2015

Craig Forcese

University of Ottawa - Common Law Section

Date Written: June 24, 2015

Abstract

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.

Keywords: Canada, spying, surveillance, warrants, courts, constitutional law, international law

Suggested Citation

Forcese, Craig, One Warrant to Rule Them All: Re-Conceiving the Judicialization of Extraterritorial Intelligence Collection (June 24, 2015). Ottawa Faculty of Law Working Paper No. 2015-41. Available at SSRN: https://ssrn.com/abstract=2622606 or http://dx.doi.org/10.2139/ssrn.2622606

Craig Forcese (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

HOME PAGE: http://www.cforcese.ca

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