Ep 147 Respect My Authorities?

This episode of Intrepid Podcast examines some recent developments with regards to CSIS. First, Stephanie and Jessica discuss the public speech that the CSIS Director gave on Tuesday February 9 at the Centre for International Governance Innovation. Next, Stephanie sits down with Leah and the long-lost Craig Forcese to discuss to recent Federal Court Decisions about CSIS foreign intelligence authorities. Once again, the Court has reaffirmed a very strict interpretation of what it means to collect intelligence “within” Canada. But where does this leave the Service in terms of the expectations that it can monitor an increasingly complex array of threats? And is this a problem that can be fixed without creating a foreign intelligence service?  

Finally, as a bonus, we’re happy to introduce A University Called INTREPID – a free mini-course on national security law for all of our listeners. Hey, it’s easier than hosting your own podcast.

https://www.intrepidpodcast.com/university

References:

• CSIS Director’s 2018 Speech to the Economic Club of Canada: https://www.canada.ca/en/security-intelligence-service/news/2018/12/remarks-by-director-david-vigneault-at-the-economic-club-of-canada.html

• CSIS Director’s 2021 Speech at the Centre for International Governance Innovation: https://www.canada.ca/en/security-intelligence-service/news/2021/02/remarks-by-director-david-vigneault-to-the-centre-for-international-governance-innovation.html

• References to Forcese and West, National Security Law (2d Ed 2021):

   International law and sovereignty: p. 263-66

   International law and espionage: p. 277-278

   CSIS’s foreign intelligence mandate: p. 455

• Bob From Mordor’s first appearance (Justice Noel’s decision) – Episode 48

  • Federal Court decisions:

    • 2018 FC 738 (“Within Canada” Case, Justice Noel)

    • 2020 FC 697 (Justice O’Reilly)

    • 2020 FC 757 (Justice Gleeson)