23 Pages Posted: 26 Jun 2015 Last revised: 17 Dec 2015
Date Written: June 24, 2015
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: 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