Public Safety committee  The CSE act was constructed with the charter in mind, so the prohibitions, the tests, the protections, being reviewed, all those elements are to be compliant with the charter.

Public Safety committee  In terms of ministerial directives, there are some that have been made publicly available and we're always looking.... In fact, the legislation reflects some of the things that used to be in ministerial directives and now will be transparent and enshrined in legislation, but ther

Public Safety committee  Do you want to speak to it, John?

Public Safety committee  In terms of section 8, the charter speaks to the element of reasonable expectation of privacy. So there's that charter principle and requirement. Some elements of the charter are baked into legislation and then some elements have to be confirmed by a quasi-judicial review or judi

Public Safety committee  I'm not a charter lawyer and expert on legal interpretation. The way C-59 has been constructed is to reflect how we operate now in terms of the elements around publicly available information, when an MA would cover it, and they are what we are familiar with. Again, by putting t

Public Safety committee  It`s difficult to foresee that right now.

Public Safety committee  CSE does not direct our activities at anyone within Canada now. There are domestic investigatory bodies, intelligence agencies that deal with those situations under their lawful authorities, but currently we would not target anyone within Canada.

Public Safety committee  I'm looking at that in light of, as well, LIB-30, that looks at adding that expressed trigger around reasonable expectation of privacy, that element of when we acquire information, it could interfere with the expectation of privacy that would be included within the ministerial au

Public Safety committee  I can assure you that this definition, “publicly available information”, would not allow us to acquire information that could interfere with the reasonable expectation of privacy of a Canadian, or anyone in Canada.

Public Safety committee  I'm happy to speak to that. I think it's important when looking at the “publicly available information” proposed amendments, as well as “a reasonable expectation of privacy”, to explain again the purpose of this provision. First of all, we're not a domestic investigatory body.

Public Safety committee  There are a couple of things. One that is also worked into Bill C-59 is the element of urgent circumstances. If there's risk to life, you can proceed without ministerial authorization. The clarification that I want to provide, though, is that even with the emergency authorization

Public Safety committee  Five is shorter than 30. It's been worked in, though, to provide five days to undertake those activities and to connect with the intelligence commissioner or, if it needs to proceed beyond the five days, to have that ministerial authorization reviewed by the commissioner to then

Public Safety committee  This provision of the National Defence Act was inserted in 2001.

Public Safety committee  I could add, though, that under Bill C-59 there is this provision that's been added in there in terms of an emergency authorization. If there is a new threat that emerges and there is not the time necessary or available to get the intelligence commissioner to review the minister'

Public Safety committee  The ministerial authorizations under which we operate now do not cover specific lines of inquiry, but actually cover our complete intelligence collection program. Should the annual authorizations lapse, the whole program shuts down. The ministerial authorizations give comfort and