Staying Left of Bang: Reforming Canada’s Approach to Anti-terrorism Investigations

Résumé (dans la langue de publication:

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.

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À propos de l'auteur:

Craig Forcese teaches public international law, national security law, administrative law and constitutional law. He also co-teaches advanced international law and relations at the Norman Paterson School of International Affairs. He also co-organizes and instructs the Canadian component of Georgetown Law’s National Security Crisis Law course and simulation. In 2017, Professor Forcese and Kent Roach received the Canadian Civil Liberties Association Award for Excellence in Public Engagement (“for courage and commitment to human rights, human dignity and freedom”). In 2016, he was named jointly with Professor Kent Roach as among the “Top 25 most Influential in the justice system and legal profession” by Canadian Lawyer Magazine. In response to their work on national security law, Craig and Kent also received the Canadian Law and Society Association Book Prize (for their book False Security) and the Reg Robson Award (given annually by the BC Civil Liberties Association “to honour a community member who has demonstrated a substantial and long-lasting contribution to the cause of civil liberties in B.C. and Canada”). Professor Forcese was inducted as a member of the uOttawa Common Law Honour Society in 2016.


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