Abstract

https://ssrn.com/abstract=2714498
 


 



Bridging the National Security Accountability Gap: A Three-Part System to Modernize Canada's Inadequate Review of National Security


Craig Forcese


University of Ottawa - Common Law Section

Kent Roach


University of Toronto - Faculty of Law

March 31, 2016

Ottawa Faculty of Law Working Paper No. 2016-05

Abstract:     
In this paper, we urge that Canada’s reformed national security accountability review structure be built on the model of a three-legged stool: first, a properly resourced and empowered committee of parliamentarians with robust access to secret information, charged primarily with strategic issues, including an emphasis on “efficacy” review; second, a consolidated and enhanced expert review body — a “security and intelligence community reviewer” or “super SIRC” — with all-of-government jurisdiction, capable of raising efficacy issues but charged primarily with “propriety” review; and third, an independent monitor of national security law, built on the UK and Australian model, with robust access to secret information and charged with expert analysis of Canada’s anti terrorism and national security legislation and able to work in concert with the other bodies on specific issues.

This is the second edition of this paper, reflecting comments received on an earlier draft.

Number of Pages in PDF File: 63

Keywords: national security, law, accountability, review, oversight, Canada


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Date posted: January 14, 2016 ; Last revised: May 4, 2016

Suggested Citation

Forcese, Craig and Roach, Kent, Bridging the National Security Accountability Gap: A Three-Part System to Modernize Canada's Inadequate Review of National Security (March 31, 2016). Ottawa Faculty of Law Working Paper No. 2016-05. Available at SSRN: https://ssrn.com/abstract=2714498 or http://dx.doi.org/10.2139/ssrn.2714498

Contact Information

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

Kent Roach
University of Toronto - Faculty of Law ( email )
Toronto, Ontario M5S 1A1
Canada
416-946-5645 (Phone)
416-978-2648 (Fax)

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