By: Michael Nesbitt

PDF Version: National Security Law Lab Students Offer Reform Recommendations on Bill C-59, An Act Respecting National Security Matters

Legislation Commented On: Bill C-59, An Act Respecting National Security Matters, 2017; Anti-terrorism Act, 2015, SC 2015, c 20

In the Fall of 2016, students in the University of Calgary, Faculty of Law’s National Security Law Lab responded to the government’s calls for feedback on the ever-so controversial Anti-terrorism Act, 2015, SC 2015, c 20 (commonly known as Bill C-51). As with any large Bill analyzed by thoughtful law students, there was much that they liked and, in this case, much more that they did not like. The students decided that their efforts were best spent analyzing law reform proposals that both drew back aspects of Bill C-51 and added heft (and legal protections) to it, knowing that the then-new Liberal government was sure to table a responsive Bill, as was their campaign promise. Continue reading →

By: Michael Nesbitt

PDF Version: National Security, Bill C-59, and CSIS’s Continuing Power to Act Disruptively in Violation of the Charter

Legislation Commented On: Bill C-59, An Act Respecting National Security Matters, 2017; Anti-terrorism Act, 2015, SC 2015, c 20

Government Report Commented On: Protecting Canadians and their Rights: A New Road Map for Canada’s National Security, SECU Committee Report, May 2017, 42^nd Parliament, 1^st Session.

Introduction/Overview of Bill C-59 & CSIS’s Disruptive Powers

On Tuesday, June 21, 2017, right before Parliament rose for the summer break, the Liberal government released its long-awaited national security legislative update, marketed in part as a response to the Conservative government’s controversial Anti-terrorism Act (2015), known as Bill C-51. The Liberal government’s response came in the form of Bill C-59 and not only did it address many—though not all—of the perceived issues with Bill C-51, it went much farther afield. In general, we are all better off for that.

I will provide more detailed thoughts on Bill C-59 as a whole in short order, after I collect my thoughts. But first I want to address one issue that I see as potentially very controversial and—if Twitter can be trusted, an admittedly dubious proposition—that remains one of the least understood elements of the new (and old) anti-terror legislation: CSIS’s powers under both Bills to act disruptively (physically) to counter threats, including taking actions in breach of the Charter or of other Canadian laws. Continue reading →

By: Michael Nesbitt

PDF Version: Impending National Security Legislation: A “New Road Map” to Update Canada’s National Security Framework

Legislation Commented On: Anti-terrorism Act, 2015, SC 2015, c 20

Government Report Commented On: Protecting Canadians and their Rights: A New Road Map for Canada’s National Security, SECU Committee Report, May 2017, 42^nd Parliament, 1^st Session 

Introduction/Overview

At some point soon, possibly as early as Tuesday, June 20^th, the government will table legislation that would make significant changes to Canada’s national security framework. It will do so, at least in part, to fulfill the Liberal Government’s election promise to respond to the Anti-terrorism Act, 2015, commonly known as Bill C-51.

What the government might do or how broad the legislation might be is unknown at this point, though signs point to it being a fairly hefty legislative package. It’s also unknown whether the various issues that have been floated regarding amendments to Canada’s national security framework will be legislated in one fell swoop, or whether a larger Act will be followed by further amendments as they are studied over the months and years to come.

Right now, the government would seem to have two recent sources—two Liberal government-led studies—upon which it might base all or some of its legislative proposals. (There is a third document, but it is highly focused and deals only with one—albeit highly controversial—aspect of Bill C-51, that being information sharing within the government. See the Security of Canada Information Sharing Act, SC 2015, c 20, s 2. Admittedly this is a topic upon which pending government legislation will have something to say, but this post will reserve comment until that day comes.) Continue reading →

By: Michael Nesbitt

PDF Version: Public Consultations, Anti-Terrorism Law, & Canada’s National Security Framework

Legislation Commented On: The Anti-Terrorism Act, 2015 SC 2015, c. 20

Report Commented On: The Government of Canada’s Our Rights, Our Security: National Security Green Paper, 2016

Sitting in opposition during 2014 through the beginning half of 2015, the Liberal Party of Canada chose to support the Conservative Government’s controversial Bill C-51, which became the Anti-Terrorism Act, 2015 on 18 June 2015 (SC 2015, c. 20). While the New Democratic Party voted against the Bill, the Liberals promised to pass, then revisit the Bill should they win the 2015 Federal Election. The Liberals did (win), and they have (begun to revisit Bill C-51).

The first step in this review has been the issuance of a “Green Paper” on Canada’s “National Security Framework” followed by a multi-pronged approach to public consultations on national security law and policy in Canada. There are a plethora of legal and policy considerations that deserve close governmental and public scrutiny during this process. However, this post focuses on the need to consult with and take seriously the views of Canada’s younger generations, including but not limited to law students, in deciding how best to balance Canadian’s rights with our security interests. In an effort to ensure these voices are heard, the Faculty of Law’s Terrorism Law & Reform lab will be posting on ABlawg in December a series of self-generated, student-authored legal and policy recommendations on three of the more controversial aspects of Canada’s national security framework. As a primer to this initiative, this post offers background on the Government’s consultative process as well as my remarks as prepared as testimony for the Standing Committee on Public Safety and National Security. These comments focus briefly on national security oversight and review and then in a little more detail on CSIS’s new “disruptive” powers as authorized by Bill C-51. Continue reading →