The introduction of intelligence in judicial proceedings has created considerable tension between the competing demands of disclosure and secrecy as secret evidence is now used in a broad range of legal proceedings in Canada. In the emerging policy context that is informed by new laws, cases and the differing views of competing stakeholders and authorities, it has become necessary for practitioners to keep abreast of changing times and carefully examine the complexities of this developing system.
The Kirsch Institute hosted a half-day event on Friday, May 29 from 9am – 1pm, at the Cartier Place Suite Hotel at 180 Cooper street in Ottawa, with presentations and case studies on the shifts in secret evidence law and the evolving policy content, which included the following topics:
- New and upcoming changes to the laws Bill C-51 and C-44
- The role of the Security and Intelligence Review Committee.
- Evidence concerning national security and defence under s.38 of the Canada Evidence Act.
- Terrorism trials: strategies, case law and ‘lessons learned.’
- Terrorism offences in Canada, including new offences for leaving Canada to participate in a terrorist group.
- Investigative powers of the Canadian Security Intelligence Service and role in criminal prosecution.
- Professionalism and ethics in national security law.
Our speakers included Special Advocate John Norris, Executive Director of SIRC Michael Doucet, Assistant Executive Director and General Counsel for SIRC Chantelle Bowers, Professor Craig Forcese , Lyne Décarie of PPSC and National Security Amicus Curiae Gordon Cameron.
CPD Accreditation from The Law Society of Upper Canada
* EPPM = ethics, professionalism, practice management