Righting Security: A Contextual and Critical Analysis and Response to Canada's 2016 National Security Green Paper

39 Pages Posted: 8 Oct 2016 Last revised: 24 Nov 2016

Craig Forcese

University of Ottawa - Common Law Section

Kent Roach

University of Toronto - Faculty of Law

Date Written: October 6, 2016

Abstract

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

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

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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