39 Pages Posted: 8 Oct 2016 Last revised: 24 Nov 2016
Date Written: October 6, 2016
This article responds to the Canadian government’s 2016 consultation on national security law and policy. It outlines a series of concerns, both with laws enacted in 2015 (and especially bill C-51) and some interpretations of C-51 and other laws in the consultation documents. It urges the need for a systematic and contextual understanding of the many issues raised in the consultation. For example, information sharing and increased investigative powers should not be discussed without attention to inadequate review and accountability structures. Similarly CSIS’s new disruption powers need to be understood in the context of the intelligence and evidence relationship. The article proposes concrete and significant changes to the current legal and policy regime motivated both by civil liberties and security-based concerns.
Keywords: national security law, canada, bill c-51, security, intelligence
Suggested Citation: Suggested Citation
Forcese, Craig and Roach, Kent, Righting Security: A Contextual and Critical Analysis and Response to Canada's 2016 National Security Green Paper (October 6, 2016). Ottawa Faculty of Law Working Paper No. 2016-39. Available at SSRN: https://ssrn.com/abstract=2849261 or http://dx.doi.org/10.2139/ssrn.2849261