10 Pages Posted: 2 Oct 2017
Date Written: September 29, 2017
This Note briefly rehearses the background to Canada's bill C-59 and the changes it proposes to the Communications Security Establishment's foreign intelligence authorization system. Those changes are best described as an effort to square a circle; that is, to place CSE on a sounder statutory and constitutional legal footing, while at the same time not anchoring its activities to legal regimes likely to stale-date quickly or burden excessively CSE in performing its crucial functions. The Note concludes that the changes go a long way to resolving constitutional doubts, and indeed may be (literally) one word away from doing so.
Keywords: CSE, signals intelligence, law, Canada, accountability, constitution, surveillance, Charter of Rights and Freedoms
Suggested Citation: Suggested Citation
Forcese, Craig, Putting the Law to Work for CSE: Bill C-59 and Reforming the Foreign Intelligence Collection Process (September 29, 2017). Available at SSRN: https://ssrn.com/abstract=3045507