How do Canadian courts balance the need to conduct certain proceedings in private with the need for transparency and protections under an adversarial system? Secret evidence is increasingly used in a range of legal proceedings in Canada. While secrecy serves to protect human sources and methods of intelligence collection, it runs counter to traditional evidentiary rules. The introduction of intelligence in judicial proceedings creates considerable tension between the competing demands of disclosure and secrecy.
In this video, Justice Anne Mactavish defines the parameters of national security and the ways in which designated judges operate within these constructs. Challenges of the courts, new policies and laws, The Canada Evidence Act, CSIS’ roles and more are discussed.
Length: 1 hour and fifteen minutes
This video is part of our foundational series on Secret Evidence. Please see other videos in this series on our Curriculum page.