In "A podcast Called INTREPID", Stephanie Carvin (NPSIA, Carleton University) and Craig Forcese (Faculty of Law, uOttawa) discuss and debate issues in Canadian national security law and policy, sometimes ripped from the headlines, and in other instances, just because they seem interesting.
Ep 138 Dissecting the National Cyber Threat Assessment (NCTA), Pt 1
Leah sits down with Dr. Christopher Parsons of Citizen Lab to dig into the biggest cyber security threats facing Canada in Part 1 of our discussion of the Canadian Cyber Centre’s 2020 National Cyber Threat Assessment (NCTA). Leah and Chris cover threats to critical infrastructure, ransomware, encryption, hackback, online foreign influence and disinformation, and what the NCTA doesn’t say (but should).
Ep 137 National Security Prosecutions Round-Up
Once again, Leah, Jess and Mike sit down for Part II of catching up on a busy summer of national security criminal cases. They look at: the ongoing case against Cameron Ortis; a guilty plea in a terrorism case out of Kingston (did we ever figure out what that RCMP plane was doing?); and an update in the Via Rail case where the conviction of one of the accused has been successfully appealed. Finally, the gang reflects on what the events of the summer indicate about ongoing violent extremism trends in Canada.
Ep 136 The "Evidence to Podcast Dilemma"
After the inevitable “beginning of the academic year” pause, Season 4 of INTREPID continues. In this episode, Leah West, Jess Davies and Mike Nesbitt begin to go through a busy summer’s worth of national security cases. They start with the Abu Huzayfah terrorism hoax charge, then two travel-related cases (resuscitated from 2014!) in Calgary and, briefly, the attempted ricin poisoning of Donald Trump by a Canadian/French citizen.
Ep 135 Muskoka Chair Charter Chats Ch 6 -- Equality Rights and Constitutional Remedies
We’re back with Carissima Mathen and the last of our special summer series of “explainers” on the Canadian Charter of Rights and Freedoms. Today, Carissima walks us through two last issues: the equality rights in section 15 of the Charter; and the two remedies sections, section 52 of the Constitutional Act 1982 and section 24 of the Charter. The text of these provisions is reproduced below. As noted, this is our last Muskoka Chair chat. We hope people have enjoyed this deep dive into the Charter. Please give us a shout out if so, on iTunes or wherever you listen to your podcasts, and help other people find INTREPID. We’re back after a brief pause for the beginning of the academic year. Thank you for your continued interest.
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
(2) The Constitution of Canada includes
(a) the Canada Act 1982, including this Act;
(b) the Acts and orders referred to in the schedule; and
(c) any amendment to any Act or order referred to in paragraph (a) or (b).
Ep 134 Muskoka Chair Charter Chats Ch 5 -- (Most of) The Legal Rights
We’re back with chapter 5 of our Muskoka Chair Chats on the Charter of Rights and Freedoms. In this episode, Carissima Mathen from the Faculty of Law, University of Ottawa, guides us through the Charter “legal rights”, with a focus on sections 9 to 14 of the Charter of Rights and Freedoms. These read as below. She also examines some of the controversies that have arisen from recent Supreme Court cases on these matters.
9. Everyone has the right not to be arbitrarily detained or imprisoned.
10. Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
11. Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Ep 134 Composing the Security and Intelligence Community Pt 3: Canadian Security Intelligence Service
Stephanie and Craig are back with the third part in the INTREPID special series on diversity and inclusion in Canada’s security and intelligence community. They are very pleased to welcome to the show Michelle Tessier, Deputy Director of Operations, at the Canadian Security and Intelligence Service (CSIS). We discuss Ms Tessier’s career, and her experience and views on the significance of diversity and inclusion for a largely HUMINT-oriented intelligence service like CSIS. As always with guests, we end with a “day in the life” and career advice. Thank you to Michelle Tessier for joining us on the show.
Customer ReviewsSee All
best Canuck NatSec wonk podcast; also, only Canuck NatSec wonk podcast
Every wonky NatSec podcast is by people in the US and for people in the US except this one. It is a rare delight to find a perspective on national security outside the near-total dominion of US-centric thought.
As an American, it’s great to hear the Canadian National security perspective.