Putting the Law to Work for CSE: Bill C-59 and Reforming the Foreign Intelligence Collection and
9 Pages Posted: 2 Oct 2017 Last revised: 5 Dec 2017
Date Written: December 5, 2017
This brief 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 brief concludes that the changes go a long way to resolving constitutional doubts, but underscores the need for a modest amendment to ensure this objective is met.
Keywords: CSE, signals intelligence, law, Canada, accountability, constitution, surveillance, Charter of Rights and Freedoms
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