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Public Safety committee  I'll just add that the Australian security service's powers to detain are tied to its intelligence-gathering mandate. It is not a power to reduce threats; it is a power they have to interrogate for the purposes of gathering intelligence.

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  On the issue of a committee of parliamentarians, yes to your questions. There should be such a committee of parliamentarians. Yes, it should have access to secret information. It is in fact a rarity now in western democracies not to have such a thing. In relation to your question

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  Just to be clear, the Privacy Commissioner issued a report in 2014 that indicated that in the national security area, their function was largely ineffectual because of their inability to access secret information. In other words, they do not themselves believe they are an effecti

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  Sure. There are circumstances where a protest could be on a national scale. It could, on a national scale, implicate, for example, critical infrastructure. On the presence of the word “lawful”, as was the issue in 2001, the justice ministry took the view on the word “lawful” t

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  Are we talking about the information sharing act or the CSIS Act?

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  No, I appreciate that, but—

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  Can I just respond to that?

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  “Bodily harm” is to be defined consistently with how the term is used in the Criminal Code. I spent some time looking at how the courts have interpreted “bodily harm” in the Criminal Code. It certainly reaches not just physical injury, but also psychological injury. However, th

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  Kent, do you want to—

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  I would call it a national security act. In my view, in terms of the ground it covers, it certainly does give primacy to the covert over amplifying, say, the criminal side. I know it has some important criminal provisions, in terms of peace bonds and preventive detention, but to

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  Yes, I mean the new disruption measures. There are four paragraphs about the threats to the security of Canada, only one of which is terrorism. The others are foreign influence activities, espionage and sabotage, and subversion. The new measures apply across the board.

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  Sure, on the issue of what I've been calling the double-trigger, the chapeau, and then the specific elements that are enumerated. I agree that's the preferable interpretation. I'm not sure it's crystal clear in the drafting of the statute. I'm pleased, if it were the view of thi

March 12th, 2015Committee meeting

Prof. Craig Forcese

Public Safety committee  Thanks very much, and thanks for inviting me here this evening. I come before you as someone who has regularly appeared before this committee over the last seven or eight years, generally supporting the government's security laws. Most recently, you'll recall, I appeared here i

March 12th, 2015Committee meeting

Professor Craig Forcese

Public Safety committee  I guess I would just confine myself to the solutions to some of the omissions that I addressed to my presentation. That is, there is some clarifying language that might accommodate some of these concerns that I've raised, which you're pointing to. Again, indicating when the trigg

November 26th, 2014Committee meeting

Prof. Craig Forcese

Public Safety committee  Well, to be honest, I'm not in a position to imagine what a judge would do in every individual case. I do note though that the warrant provisions that would apply for both domestic and foreign warrants require CSIS to demonstrate that this is really a necessary undertaking, that

November 26th, 2014Committee meeting

Prof. Craig Forcese