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, Sukanya Pillay delves into the new laws applicable to national security proceedings in Canada and the possible contraventions to international human rights norms and statutes. Where has Canada placed itself in regards to protecting the rights of its citizens and upholding the Constitution? Do the new laws set dangerous standards and how do these affect Canadian’s rights?
Length: 60 mins
This video is part of our foundational series on National Security and Secret Evidence. See more videos here.