Public Safety committee  Emergency authorizations cannot be extended. If we were going to continue those activities, we would have to do a ministerial authorization and proceed. The other element that I think is important to underscore is that emergency ministerial authorization, even though it's not re

Public Safety committee  Again, it's only there for the extenuating circumstances. The way the intelligence commissioner's role is laid out in part 2 of the act is that it is reviewing the minister's decision before CSE can undertake the activity. If we can't undertake that activity because the intellig

Public Safety committee  It's a different role because what the intelligence commissioner does to address engaging section 8 of the charter is to review the reasonableness of the minister's decision. It's not oversight of CSE's activities. It's either a quasi-judicial review or I, as the intelligence com

Public Safety committee  That is accurate, and I would say that under that extension CSE, of course, would still be subject to review by the new review agency in terms of the activities undertaken as well.

Public Safety committee  Absolutely.

Public Safety committee  That's right, in a reasonable and proportionate way and in a way that couldn't be achieved by any other means. Both are required under the ministerial authorization.

Public Safety committee  It could, from an interpretation perspective, absolutely do that. It would depend case by case, and each operation would have to be looked at.

Public Safety committee  Yes, it could be.

Public Safety committee  If there were a threat actor targeting a Canadian electoral process using the computer, I think this might make it tricky, in terms of this prohibition, for CSE to be called upon to take actions to thwart that.

Public Safety committee  Maybe can you repeat your question, just to make sure I'm...?

Public Safety committee  You're getting at an important point there, which is the difference between us and CSIS in terms of CSIS being able to direct their activities at Canadians. They operate more in the physical world than the online world. They are an investigatory body. There is a prohibition propo

Public Safety committee  For CSE, there is a prohibition.

Public Safety committee  To get at your first statement with respect to the mention of obstructing the course of justice or democracy, we have been informed by the Department of Justice that judicial proceedings would already be covered within the ambit of that clause, so that does exist as it relates to

Public Safety committee  This is a new thing that has been proposed with respect to the CSE's legal authorities. It has only been proposed in the Bill C-59 context, given that the two new elements of our mandate around defensive and active cyber operations would be present. From a charter perspective, th

Public Safety committee  I'm not a legal expert or a charter expert. I'm an enthusiast.