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Public Safety committee  I'd like to thank the committee for inviting me to speak on Bill C-59, the most comprehensive and far-reaching reform to national security in Canada since 1984. I would like emphasize that I am not a lawyer. However, I do have experience working in national security and intellige

December 5th, 2017Committee meeting

Professor Stephanie Carvin

Public Safety committee  Thank you very much for this question. That particular passage has been written by Craig Forcese, who will be speaking on that a lot.

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

Public Safety committee  I think his entire presentation will actually be on that, so I don't want to pre-empt what he is going to say. Again, it just gets to section 8 of the charter, making sure that people are protected from an unreasonable search in CSE's operations. As to the specific legal details,

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

Public Safety committee  Thank you. This is an issue that I'm very passionate about. It's a great question. One of the first examples out there is the worldwide threat assessment that's put out every year by the Office of the Director of National Intelligence. We used to call it the Clapper report. It w

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

Public Safety committee  When I testified on Bill C-22, I suggested that it should be legislated and should be required every 365 days. I believe Canadians deserve that transparency.

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

Public Safety committee  Thank you for your question. I will respond in English. Thank you. I think one of the issues is that, without guidance, the security services do not know where to step. There is concern, for example, that with the broad scope of Bill C-51, knowing where the limits were was a ch

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

Public Safety committee  Yes, sir, I am. In particular, I am happy to see the cyber-powers of CSE legislated. Importantly, I think it signals to our allies that Canada is committed to a robust defence of, not only ourselves but also, for example, NATO operations and the Five Eyes agencies as well. These

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

Public Safety committee  It's interesting, in that you want someone who is familiar enough with what's happening and doesn't lose touch, but you're right, there is that potential conflict. I think a lot of it is also going to depend on the people around the intelligence commissioner and the support staff

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

Public Safety committee  I have to believe that our judges are sufficiently pensioned such that this is probably not going to be that much of an issue. I'm going to refer to my friend Emmett Macfarlane, who has written considerably on the courts in Canada and has written passionately that the judges actu

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

Public Safety committee  I think we're going to have to wait and see how a lot of these things operate in practice. I would hope that this committee would keep an eye on that, to make sure that the problems you may be suggesting aren't going to manifest.

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

Public Safety committee  Right. I don't know if you've been referred to Craig Forcese, who will be on the next panel. He has developed a decision tree. It's actually more complicated than your daily Sudoku. He might be better placed to answer that question. It's my understanding that, yes, it is general

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

Public Safety committee  I would largely support that. There is something I didn't talk about in my testimony—and I'm going to use this as a quick aside. One of the concerns I have is that DND is not excluded from this. If you look at all the different kinds of intelligence that will be going to this rev

December 5th, 2017Committee meeting

Prof. Stephanie Carvin

Public Safety committee  Very briefly, I would say I am happy for the intelligence commissioner to have a good review and oversight discretion, particularly with the defence of critical infrastructure, because that is a very vague concept and our idea of what it is actually changes over time. With rega

December 5th, 2017Committee meeting

Prof. Stephanie Carvin