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Stephanie and Craig are back with the latest discussion of key court decisions affecting national security law. Here, we take a quick look at the thorny issue of disclosure of information by the government in criminal cases, governed by several key section 7 cases. We discuss Stinchcombe and O’Connor. And then segue into how national security confi…
 
In this episode of Intrepid Podcast, Leah and Stephanie sit down and speak with Shelly Bruce, Chief of the CSE about the organization she is responsible for in an era of changing legislation, threats, review and, of course, a worldwide pandemic. The trio also speak about a number of topics, including Shelly’s career, cyber attribution, cyber defenc…
 
The Intrepid crew start a new series, discussing the leading court decisions in national security law. We keep dropping case names. So we figured we should do a walk through. We’ve organized this cases in progressions, mostly built around Charter rights. In this first episode Craig and Stephanie focus on section 7 of the Charter, and those cases de…
 
During the pandemic we have heard a lot about state actors engaging in threat-related activity. But what are non-state actors up to? In this episode, Stephanie sits down with Alex Wilner and Casey Babb to discuss their forthcoming chapter on this very question. Wilner and Baab identify three major activities that non-state actors are engaging in on…
 
Her Majesty in Right of Pod returns to ask: How well has Parliament fared in the pandemic? Stephanie sits down with Phil Lagassé to discuss whether or not the fears expressed in last year’s Ep 122 over the challenges of running a legislature during COVID-19 came true. But there are other issues to discuss as well, especially Parliament’s weak perfo…
 
President Biden came into office in January 2021 with promises of holding Saudi Arabia accountable for the death of Jamal Khashoggi, but also to turn the focus of US foreign policy away from the Middle East and towards the Asia-Pacific. Six weeks later, he released a damning intelligence report, but took few other steps to hold Prince Mohammed bin …
 
Since December 2020 there have been six attacks against Black Muslim Women in Edmonton, Alberta where they were threatened, and verbally and physically assaulted. While Edmonton Police have now made an arrest in connection with these cases, the way these incidents were handled by law enforcement and politicians raises questions about how well Canad…
 
Canada has a 5G and Huawei dilemma – but what is it, exactly? Is it technical risk? A matter of economic national security? Geopolitics? In reality, it is all of the above, but conflating these issues is hindering Canada’s ability to respond. Stephanie sits down with Christopher Parsons, a Senior Research Associate at the Citizen Lab at the Munk Sc…
 
In this episode, Stephanie and Leah sit down with Bill Robinson, Citizen Lab Fellow and one of Canada’s leading national security researchers, to discuss the first reports by two of Canada’s new intelligence review and oversight bodies, the National Security and Intelligence Review Agency (NSIRA) and the Intelligence Commissioner (IC). The three ma…
 
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 Cour…
 
Should Canada do more to counter hate online? This is a question currently before the House of Commons Heritage Committee. A new survey conducted in January 2021 on behalf of the Canadian Race Relations Foundation find that 93% are in favour of doing so. Stephanie sits down with Mohammed Hashim, the new Executive Director of the CRRF to discuss the…
 
In this episode, Michael Nesbitt interviews Jessica Davis about her recent article in Lawfare, “Rethinking Global Counterterrorist Financing” where she identifies the challenges that new terrorist and extremist movements and groups pose for counter-terrorist financing, and argues that we need to stop thinking of the end goal of counterterrorism fin…
 
In the wake of the riot (often described as an insurrection) at the Capitol Building in Washington DC on January 6, there have been calls for the government of Canada to do more to combat far right terrorism. This includes listing the Canadian-founded Proud Boys, a far-right, chauvinist and neo-fascist organization. It is alleged that members of th…
 
In this episode, Jessica Davis interviews Michael Nesbitt about a recent case out of Halifax where an individual was found not guilty of breaching Canadian sanctions on Syria. The two discuss Canada’s sanction regime and the challenges in enforcement. Turns out while Canada may have many sanctions laws on the books, we do not have much in the way t…
 
In this podcast, Stephanie converses with Navaid Aziz of the Islamic Information Society of Calgary. Navaid has been described as a “bridge builder” between the Muslim community, and the Canadian national security community. He is also actively engaged in community-based intervention and prevention. In their conversation, the two discuss bias in Ca…
 
In this episode Leah sits down with the co-chairs of the National Security Transparency Advisory Group, Dominic Rochon, Assistant Deputy Minister of National and Cybersecurity at Public Safety Canada and Thomas Juneau (Associate Professor at the University of Ottawa, and Intrepid Podcast editor) to discuss their first report, the group’s first year…
 
We continue with a series theme we began in the summer: diversity and inclusion in the security and intelligence sector. In this episode, Jessica Davis speaks with Dr. Rachel Schmidt on her recent International Journal article “Investigating implicit biases around race and gender in Canadian counterterrorism”. As the two discuss, this is not about …
 
In Part 2 of our look at the 2020 National Cyber Threat Assessment, Leah sits down with two of the people responsible for producing this year’s report, JP Racicot and Tyler from the Canadian Centre for Cyber Security, to talk about what goes in to writing the NCTA, five key trends and what they mean for Canadians, and what they hope readers will ta…
 
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 disin…
 
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 …
 
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, br…
 
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 te…
 
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 controve…
 
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 ex…
 
This spring, Amnesty International issued an updated report on Chinese harassment of Chinese human rights critics in Canada. This report and accompanying issues were featured last week in the Globe and Mail. Joining Stephanie and Craig to discuss the report and the issue of Chinese-sponsored harassment are Alex Neve, Secretary-General of Amnesty Ca…
 
In just a few years the QAnon movement has gone from a fringe online conspiracy theory to a movement that is now present in up to 54 countries worldwide. Given its links to several attempted attacks, there is growing concern that QAnon may be inspiring some individuals to mobilize to violence. But is QAnon really a national security threat? If so, …
 
We’re back with an episode focusing on a recent development: the Federal Court’s holding that the “safe third country” refugee agreement with the United States is unconstitutional. In fact, it violates section 7 of the Charter — the very right we explored on Chapter 4 of our Muskoka Chair Chats in Ep 129. (Listeners may want to listen to that expla…
 
We’re back with Carissima Mathen in our “Muskoka Chair Charts,” our summer series on the Charter of Rights and Freedoms. Today’s topic is section 7 of the Charter, a major right with huge implications in national security space and elsewhere. We walk through when section 7 is “triggered” — the concepts of life, liberty, or security of the person — …
 
We’re back with the next chapter in our summer series, Muskoka Chair Chats on the Canadian Charter of Rights and Freedoms. This week Carissima Mathen walks us through section 2 of the Charter, guaranteeing “fundamental freedoms”. Most of our conversation is on freedom of expression, and we discuss what limits exist in section 2 itself on speech bef…
 
We’re back with our second episode in our special “explainer” series on the Canadian Charter of Rights and Freedoms. In this episode, Carissima Mathen guides us those the application of the Charter; that is, where it applies, and more particularly, where it does not apply. And we also discuss the degree to which the Charter is an absolute guarantor…
 
As promised, A Podcast Called INTREPID is pleased to launch our second “context-builder” special series. Fresh on the heels of Her Majesty in Right of Pod, we are pleased to start our primer series on the Canadian Charter of Rights and Freedoms. Scheduled for summertime listening, we are calling this one “Muskoka Chair Chats”. Our co-host for this …
 
On 16 July the Federal Court released a long rumoured decision on CSIS operations. While many of the legal issues raised in the case have been resolved as a result of Bill C-59, the decision noted a number of other issues that raise questions about relations between the Service, the Federal Court and the Department of Justice. The Intrepid Gang dis…
 
Leah West and Craig Forcese are back with a second episode in the INTREPID special series on diversity and inclusion in Canada’s security and intelligence community. They are joined by two fantastic guests from the Communications Security Establishment: Artur Wilczynski, Associate Deputy Chief SIGINT, & Nabih Eldebs, Director General of Policy, Dis…
 
After an unceremonious early ending to Season 3, rudely interrupted by a worldwide pandemic, A Podcast Called INTREPID is back for Season 4. We’re focusing on doing some '“deep dives” through the summer, including a special series on diversity and inclusion in the Canadian security & intelligence community. We will also have a successor to our seri…
 
On this episode of Intrepid Podcast — Her Majesty in Right of Pod, Phil Lagassé returns to discuss the role of parliament in a pandemic. First, Craig provides an update from our last episode on Canada’s emergency powers and how they are being implemented. Next, the trio discuss the challenge Parliament currently faces: Westminster systems are, by d…
 
Stephanie, Craig and Leah West assemble to walk through a range of actual and possible legal responses to COVID-19. We talk: Quarantine Act; Aeronautics Act; provincial public health law; provincial emergency law; federal emergency law; and the deployment of the Canadian Armed Forces. We’re try to guess ahead on what might be coming, as well as loo…
 
If you came for Canadian national security discussions, hold your horses. We have a lot planned. But right now: this is a special podcast dedicated to our academic colleagues who need to convert all their courses to online on two days notice. In this podcast, Stephanie, Craig and our guests David Hornsby (Associate Vice-President (Teaching and Lear…
 
Ben Makuch’s reporting on national and international security issues has taken him from Eastern Europe to talking to Canadian foreign fighters to challenging the Canadian government in the Supreme Court over protections for journalists. Over the magic of the internet, Stephanie sits down with Ben and they talk about his latest reporting on far righ…
 
Craig and Stephanie beamed in Steven Hoffman, the Director of the Global Strategy Lab, a Professor of Global Health, Law, and Political Science at York University, and the Scientific Director of the Canadian Institutes of Health Research’s Institute of Population & Public Health. We do a deep dive into the novel coronavirus, COVID-19. Steven discus…
 
There has been a lot of discussion in the media about 5G, but not a lot of information on what 5G actually is and how it is different from what has come before. Stephanie sits down with Ericsson’s VP, Chief Technology Officer, David Everingham who breaks it all down – even though Stephanie keeps trying to switch the analogies all back to cake. A us…
 
Using the magic of the internet once again, Stephanie sits down with Leah and Mike to discuss developments in two terrorism cases: Peshdary and Ali. In the former, Leah talks to Peshdary’s legal team to work through what a “Wilson Application” is and why a defence team might use it in a national security case. Turning to Ali, Mike discusses the fin…
 
The fact that crimes committed by individuals appearing to be motivated by some ideologies (such as far right extremism) are considered as “hate crimes” and not “terrorist offences” has been a frequent theme of Intrepid Podcast. In this week’s episode, recorded on the second anniversary of the Quebec Mosque Shooting, Stephanie sits down (over the i…
 
There has been a lot written and said about the US-Iran conflict in Iraq earlier this month. At INTREPID, we waited for (a little bit) of the dust to settle and dedicated this podcast to walking through the international legal issues. We talk jus ad bellum (right to use force) and jus in bello (the law of armed conflict) in relation to military cla…
 
With news that the Sussexes may be leaving the UK for Canada, Stephanie is FINALLY interested in Crown issues but Craig is not (we call it Craigxit). Nevertheless, Phil walks through Prince Harry’s status/non-status in Canada and, using recent reports about former Governor Generals in the news, describes what his powers would be. (To be clear thoug…
 
There is a lot going on in the world right now. But Stephanie and Craig wanted to catch up first with a development just before the holidays: The Supreme Court’s decision in Vavilov. This case is famous (in the narrow circles Craig lives in) for what it has done to “administrative law”. It is also famous for concerning the children of two Russian “…
 
Well, tear yourself away from Alan Maitland’s reading of “The Shepherd”, because it’s time for the second annual INTREPID Christmas special, an event literally no one was waiting for. This time, it’s armed conflict at the top of the world, as Santa Claus (ruler of Christmastown) squares off against Boss Elf (the leader of the Island of Misfit Toys …
 
Because of the proceedings underway before the International Court of Justice today (10 December 2019) concerning Myanmar’s genocide against the Rohingya, Stephanie and Craig to a walk-through of the crime of genocide, the 1948 Genocide Convention, the basis for ICJ jurisdiction and also the parallel criminal investigation launched by the (separate…
 
Jessica Davis and Michael Nesbitt sit down with Stephanie to discuss sanctions in light of a new case in Nova Scotia. Nader Kalai is the first person to be charged with violating Canadian and European Union sanctions on Syria. The gang takes the time to remind viewers what sanctions are and what the Canadian regime looks like (it’s been a while – t…
 
For those who love weedy public law issues, Stephanie, Philippe and Craig finally steer back to the national security preoccupation of INTREPID, in this latest HMIROP chapter. Specifically, they mix it up (fight) over the scope of the royal prerogative over defence in Canadian law. In exchanging blows, they basically cover two issues: what is the c…
 
This episode the Intrepid Gang takes on four important national security trials that have been in the news and have important implications for national security law. First, we talk about the decision to revoke bail in the Ortis case and what this may say about where the trial is going. Next, it seems to be that a bifurcated system for evidence in t…
 
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