A Podcast Called INTREPID

Discussing and debating Canadian national security law and politics

Ep 28 Pulling More Threads in the Gordian Knot -- More on Intelligence to Evidence

In Stephanie's absence, Craig is joined by Leah West, a national security law fellow at the University of Ottawa and counsel at Justice Canada, and Kent Roach, professor of law at the University of Toronto, to go deeper on an Intrepid Podcast favourite: intelligence-to-evidence. Kent talks about the Air India commission and its conclusions about the police/CSIS relationship and his views on the importance of reforming section 38 of the Canada Evidence Act, the provision permitting the government to contest disclosure of intelligence in court proceedings. Leah speaks to her research on the United Kingdom system for managing intelligence in criminal proceedings, and lessons-learned from that country. Leah and Kent don't totally agree on the same reforms, but both conclude that Canada's current terrorism trial system is in real need of a fix. (Listeners may wish to listen to Episode 25, our first intelligence-to-evidence overview before diving into this pod.)