Laws

This section presents various laws and regulations related to Canadian intelligence, as well as proposed bills and legal analyses.

Resources

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Canada Reviews Anti-Terrorist Law
Among the items being eyed for change is the national security certificate system used to arrest and deport Canadians considered threats to the country's security.
HTML | Published: 2009-12-14 | Added: 2010-01-09

Anti-Terrorism Act deserves to stay dead
Where Canada's laws were inadequate to the threat of international terrorism, the anti-terrorism bill filled in legal gaps. The problem is that with two of these measures, the 2001 legislative initiative went far beyond what was needed or useful.
HTML | Published: 2009-03-13 | Added: 2009-04-11

Special advocates for accused terrorists grapple with new national security regime
One big question is whether special advocates will still end up in a battle with the Canadian Security Intelligence Service over access to the evidence and whether it was properly obtained.
HTML | Published: 2008-03-10 | Added: 2008-03-30

New security certificates issued
Canadian security agencies, which describe themselves as “net importers” of intelligence from foreign agencies, complain that the information pipeline would be compromised if they divulge sensitive secrets passed along by others.
HTML | Published: 2008-02-22 | Added: 2008-02-24

Information-sharing rules defended
The CSIS Act, Peirce said, allows information to be shared where it is "strictly necessary" to national security, and in the RCMP's case, the practice is guided by ministerial directives and policies that call for many factors to be weighed.
HTML | Published: 2008-01-09 | Added: 2008-01-27

Air India head says reforms may ease CSIS-RCMP relations
The head of the Air India inquiry is suggesting legislative reforms may be needed to promote better co-operation between Canada's national police force and its civilian intelligence agency.
HTML | Published: 2007-06-18 | Added: 2007-06-18

State agents say inquests causing 'judicial terrorism'
CSIS is struggling to comply with the judicial inquiries atop of processes already laden with overseers. While hindsight may always be 20/20, those who investigate cases in real time find it difficult to connect the dots when the whole page is  [...]
HTML | Published: 2006-06-09 | Added: 2007-06-11

Intelligence in Canada: A look under the hood
1984: Canadian Security Intelligence Service (CSIS) is created to guard against activities that constitute threats to the security of Canada.
HTML | Published: 2006-11-17 | Added: 2006-11-19

Counterterror tool time
The evidence usually takes the form of raw intelligence which couldn't be entered in a court of law anyway. The fact that security certificates have a much lower burden of proof probably explains why Ottawa prefers them to criminal charges under  [...]
HTML | Published: 2006-05-31 | Added: 2006-06-01

National security organizations open up on racial profiling, 'secret police'
Fears about racial profiling, secret evidence and abuse of power were at the forefront of a discussion between Edmontonians and Canadian security organizations. Representatives from CSIS, the RCMP and CBSA met with about 50 members of the public.
HTML | Published: 2006-05-29 | Added: 2006-05-30

We need answers on domestic spying
While the CSE used to be restricted to spying on communications outside of Canada, the new act allows it to spy on domestic communication, as long as it involves someone outside of Canada.
HTML | Published: 2006-03-31 | Added: 2006-04-18

How do we keep Big Beaver at bay?
The stark reality is that Canada took the lead, post-9/11, in extending to the CSE the authority to intercept the communications of Canadians without a warrant.
HTML | Published: 2005-12-22 | Added: 2006-01-14

Canada also allows spying on citizens
There was pathetically little attention paid when the federal government moved unilaterally four years ago to lift the ban on the CSE to intercept the e-mail and cellphone traffic of persons living in Canada.
HTML | Published: 2005-12-20 | Added: 2005-12-22

Ottawa can eavesdrop on Canadians under law
Canada's anti-terrorism law opened the door to secret eavesdropping on Canadians and others inside Canada, the same kind of activity that is causing a furor in the United States, intelligence and legal experts say.
HTML | Published: 2005-12-19 | Added: 2005-12-22

Citizens to foot the bill for CSIS
The federal government has introduced a bill to make it easier for police and Canadian Security Intelligence Service (CSIS) to monitor private cell phone conversations and communication over the internet.
HTML | Published: 2005-11-30 | Added: 2005-12-03

Canada Introduces Eavesdropping Bill
Canada's Liberal government introduced a bill that would allow police and intelligence officials to demand personal information about telephone and Internet subscribers, including name, address, telephone or cell phone number, or IP address.
HTML | Published: 2005-11-15 | Added: 2005-11-22

Legislation For Lawful Interception of Communications Introduced
The Modernization of Investigative Techniques Act will make subscriber contact information from telecommunications service providers available on request to designated law enforcement and CSIS officials.
HTML | Published: 2005-11-15 | Added: 2005-11-15

CSIS stymied by tech-savvy terrorists
Canada's spy agency is having trouble keeping tabs on technologically knowledgeable terrorists and criminals, an internal document suggests, and outdated laws are to blame.
HTML | Published: 2005-08-08 | Added: 2005-08-10

McLellan defends reach, scope of anti-terror law
Canada's anti-terror law needs only "fine-tuning" because it strikes "the right balance" between protecting national security and civil liberties, says Public Safety Minister Anne McLellan.
HTML | Published: 2005-02-15 | Added: 2005-02-16

Parliamentary Review of The Anti-Terrorism Act
One safeguard is the requirement for the Parliament of Canada to begin a review of both the provisions and the operation of the legislation within three years after its having received Royal Assent.
HTML | Published: 2004-12-14 | Added: 2004-12-29

A question of balance
The government has refashioned the mandate of the RCMP and returned it to a central place on the national security stage, despite its long, inglorious record in intelligence gathering, without new oversight measures.
HTML | Published: 2004-12-11 | Added: 2004-12-15

Government of Canada Introduces Legislation to Establish the Canada Border Services Agency
The CBSA brings together key border security and intelligence functions previously carried out by three Government of Canada organizations.
HTML | Published: 2004-11-23 | Added: 2004-11-28

Canadian Spy Agency Warns of Al-Qaeda Terror Threat, Post Says
Canada's spy agency is warning that al-Qaeda and other terrorist groups may stage attacks in the country as the federal government prepares to review expanded anti-terrorism laws.
HTML | Published: 2004-10-29 | Added: 2004-11-01

Une agence fédérale peu connue intercepte les communications privées de Canadiens à leur insu
Une loi pour lutter contre le terrorisme permet aux tribunaux de laisser au CST le soin d'enregistrer toutes les conservations téléphoniques de Canadiens à destination de certains pays. Sept pays sont visés depuis l'an dernier.
TEXT | Published: 2004-10-26 | Added: 2004-10-29

Legislation to establish Department of Public Safety and Emergency Preparedness introduced
Today, in the House of Commons, legislation was introduced to establish the Department of Public Safety and Emergency Preparedness.
HTML | Published: 2004-10-08 | Added: 2004-10-11

Canada court upholds terror law
Canada's Supreme Court has ruled that people can be forced to testify in cases related to national security. It is the first test of the country's new anti-terrorism laws, passed in the wake of the attacks on the United States in 2001.
HTML | Published: 2004-06-24 | Added: 2004-06-25

Supreme Court rules witness can be forced to testify in terror hearings
The Supreme Court of Canada has ruled that reluctant witnesses can be forced to testify in hearings in the fight against terrorism. In a 6-3 ruling Wednesday, the high court said the hearings do not contravene the Charter of Rights and Freedoms.
HTML | Published: 2004-06-23 | Added: 2004-06-25

Canada adopts sweeping homeland security law
The Canadian government has passed extensive legislation to prevent terrorist attacks and increase public safety. The Public Safety Act amends 11 legislative provisions across the energy, health care, banking, transportation, and defence  [...]
HTML | Published: 2004-05-18 | Added: 2004-06-02

Public Safety Act Receives Royal Assent
The Act is designed to improve Canada's capacity to prevent terrorist attacks, protect citizens and respond quickly should a threat be identified.
HTML | Published: 2004-05-06 | Added: 2004-05-08

Canada weak link in global terror communications
Right now, CSIS, the RCMP and local police rely on a patchwork of laws - including the Criminal Code, the Canadian Security Intelligence Service Act and the Competition Act - for powers to intercept communications, and to search and seize  [...]
HTML | Published: 2004-04-27 | Added: 2004-05-02

Securing An Open Society: Canada's National Security Policy
Further investments to enhance Canada's intelligence collection capacity, with a focus on Security Intelligence.
LINK | Published: 2004-04-27 | Added: 2004-05-01

Securing An Open Society: Canada's National Security Policy
Further investments will be made to enhance Canada's intelligence collection capacity, with a focus on Security Intelligence.
PDF | Published: 2004-04-27 | Added: 2004-04-27

Criminal Code - Terrorism
Every Canadian shall disclose forthwith to the RCMP and to CSIS (a) the existence of property in their possession or control that they know is owned or controlled by or on behalf of a terrorist group; and (b) information about a transaction or proposed  [...]
LINK | Published: 2003-12-31 | Added: 2004-04-21

National Defence Act - Communications Security Establishment
The part of the public service of Canada known as the Communications Security Establishment is hereby continued.
LINK | Published: 2003-12-31 | Added: 2004-04-21

Road to RCMP raid began in Guantanamo
The genesis of the RCMP raid on Ottawa Citizen reporter Juliet O'Neill lies in 9/11, of course, but more precisely in the panicked response of the American and Canadian governments.
HTML | Published: 2004-01-25 | Added: 2004-01-26

House Private Members' Bills - Bill C-409
Current status of Bill C-409, An Act to establish the Canadian Foreign Intelligence Agency
LINK | Published: 2003-03-17 | Added: 2004-01-18

Anti-terror law will be attacked in Supreme Court
Should police be able to force someone to testify at a secret investigative hearing to get information about possible terrorist plots? And should those hearings be open to the public and media if they are going to take place? Those are two of the issues  [...]
HTML | Published: 2003-12-08 | Added: 2003-12-12

Terrorist hearings law questioned
A federal law allowing secret court hearings into terrorist cases undermines the constitutional rights of witnesses and turns judges into police agents, the Supreme Court of Canada was told Wednesday.
HTML | Published: 2003-12-10 | Added: 2003-12-11

Anti-terror laws ripe for review
The new laws have clauses mandating parliamentary scrutiny after five years. Why wait? The Commons justice and human rights committee can hold hearings on the new laws' impact. We should know by now of the laws' strengths and weaknesses. Any law made  [...]
HTML | Published: 2003-12-01 | Added: 2003-12-01

Spies, not Soothsayers: Canadian Intelligence After 9/11
Within Canada, intelligence is usually taken to mean security intelligence, which is designed to be preventive. Whether it is countering espionage, subversion, or terrorism, the structures, equipment and activities of intelligence organizations should  [...]
LINK | Published: 2003-11-26 | Added: 2003-11-27

Canadian Security Intelligence Service Act
The Service shall collect, by investigation or otherwise, to the extent that it is strictly necessary, and analyse and retain information and intelligence respecting activities that may on reasonable grounds be suspected of constituting threats to the  [...]
LINK | Published: 2003-04-30 | Added: 2003-11-15

Notes for a Speech by the Honourable Wayne Easter Solicitor General Of Canada at the CASIS Conference
We set about to reinforce our national security system to the tune of eight billion dollars. We created integrated national security enforcement teams in major Canadian cities, bringing together the RCMP, CSIS, Customs, Immigration and other law  [...]
LINK | Published: 2003-10-16 | Added: 2003-10-17

CSIS and CFIA Acts
A side-by-side comparison of the 1984 Canadian Security Intelligence Service Act and the 2003 proposed Canadian Foreign Intelligence Agency Act (Bill C-409).
PDF | Published: 2003-07-14 | Added: 2003-07-14

Bill C-409: An Act to establish the Canadian Foreign Intelligence Agency
The functions of the Agency are to be performed only to safeguard the interest of Canada’s sovereignty, security, democratic integrity, international relations or economic well-being and only to the extent that those matters are affected by the  [...]
LINK | Published: 2003-03-17 | Added: 2003-07-11