Staying Left of Bang: Reforming Canada's Approach to Anti-Terrorism Investigations

22 Pages Posted: 1 Jun 2017 Last revised: 16 Jun 2017

Craig Forcese

University of Ottawa - Common Law Section

Date Written: May 29, 2017

Abstract

This article examines Canada’s approach to anti-terrorism investigations. Specifically, it critiques the tradition of “parallel” investigations run, respectively, by the Royal Canadian Mounted Police and the Canadian Security Intelligence Service. The article examines how this approach places a premium on bureaucratic “deconfliction” that is potentially unwieldy in a dynamic security environment. It examines the legal and operational impetus for “parallel” investigations, and specifically the “intelligence-to-evidence” conundrum. The article then describes how the United Kingdom has addressed similar concerns and reformed its terrorism investigations. Drawing on this UK experience, the article concludes with several suggestions for reform in Canada.

Keywords: Terrorism, Investigations, Police, Intelligence, Law, Evidence, Canada, United Kingdom, CSIS, RCMP, MI5

Suggested Citation

Forcese, Craig, Staying Left of Bang: Reforming Canada's Approach to Anti-Terrorism Investigations (May 29, 2017). Ottawa Faculty of Law Working Paper No. 2017-23. Available at SSRN: https://ssrn.com/abstract=2976441 or http://dx.doi.org/10.2139/ssrn.2976441

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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