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Information & Ethics committee If people can hear me, I wouldn't mind quickly addressing that and one other point that was raised. The concern would be paragraph 2(i), where if your constituent is doing an activity that takes place in Canada and undermines the security of another state, even a repressive stat
November 3rd, 2016Committee meeting
Prof. Kent Roach
November 3rd, 2016Committee meeting
Prof. Kent Roach
Information & Ethics committee At the Munk School we've hosted one consultation, and we will be hosting another consultation later this month.
November 3rd, 2016Committee meeting
Prof. Kent Roach
Information & Ethics committee I'd like to thank the committee for inviting us and for allowing me to appear remotely. I realize this isn't ideal. First of all, as someone who worked on both the Arar and Air India commissions, I want to underline what my colleague said. We need to get information sharing righ
November 3rd, 2016Committee meeting
Professor Kent Roach
Public Safety committee I would also add that the Australian intelligence agency has powers to question people under warrant, but those are highly circumscribed. One of our concerns with the preventive arrest provision, which I recognize is about the police, is that there is nothing in Bill C-51 that
March 12th, 2015Committee meeting
Prof. Kent Roach
Public Safety committee I think that there is certainly a high risk of a charter challenge. As we said, this is not a typical warrant. A warrant is granted by a judge to avoid a charter violation, whereas the CSIS warrant could authorize a charter violation, so we have an open-ended authorization for th
March 12th, 2015Committee meeting
Prof. Kent Roach
Public Safety committee Well, to go back to the security of Canada information sharing act, we recognize that the threat environment is changing. The UN Security Council has also recognized that. But we don't understand why you wouldn't plug in proposed section 2, in particular the terrorism-related man
March 12th, 2015Committee meeting
Prof. Kent Roach
Public Safety committee If I could answer that, Mr. Scott, yes, I agree. I read section 4 as paying lip service to the Arar commission's recommendations, which included the very important respect for caveats. I read section 6 as almost an anti-caveat section, which actually empowers disclosure of inform
March 12th, 2015Committee meeting
Prof. Kent Roach
Public Safety committee Mr. Chair, I agree with that. I would just note that the established definition of threats to the security of Canada are used in some of the consequential amendments. It seems to me that should be adequate enough to have fairly robust sharing of information. I also worry a bit
March 12th, 2015Committee meeting
Prof. Kent Roach
Public Safety committee Bonsoir. I'd like to thank the committee for allowing me to appear. In over 200 pages of legal analysis, Professor Forcese and I have examined the effects, including unintended ones, of Bill C-51 on both security and rights. Security and rights go hand in hand both in our democ
March 12th, 2015Committee meeting
Professor Kent Roach
Public Safety committee Just quickly, it goes back to the need for parliamentary oversight and parliamentary access to secret information. Certainly, the resolution of the Afghan detainee case shows that there are some problems there.
November 26th, 2014Committee meeting
Prof. Kent Roach
Public Safety committee I actually have been reading up on the case law there, and I have to say that I'm a little less concerned than the Federation of Law Societies—I hope they don't take away my certificate to practise law. The Supreme Court jurisprudence on this actually does suggest that at the f
November 26th, 2014Committee meeting
Prof. Kent Roach
Public Safety committee The issue of whether CSIS has extraterritorial powers is a matter that has actually been under litigation under the act before Bill C-44. Justice Blanchard said in a decision that it didn't have extraterritorial powers. Justice Mosley—and here my interpretation is a little bit di
November 26th, 2014Committee meeting
Prof. Kent Roach
Public Safety committee Yes, I would.
November 26th, 2014Committee meeting
Prof. Kent Roach
November 26th, 2014Committee meeting
Prof. Kent Roach