Threading the Needle: Structural Reform & Canada’s Intelligence-to-Evidence Dilemma by Craig For

The Manitoba Law Journal has released volume 42(4) of its Criminal Law Edition (Robson Crim) and one of the featured articles by Professor Craig Forcese raises compelling issues about intelligence reform in Canada. The article:

"...canvasses the “intelligence-to-evidence” dilemma in Canadian anti-terrorism. It reviews the concept of “evidence”, “intelligence” and “intelligence-to-evidence” (I2E). It examines Canadian rules around disclosure to the defence: the Stinchcombe and O’Connor standards and the related issues of Garofoli challenges. With a focus on Canadian Security Intelligence Service (CSIS)/police relations, the article discusses the consequences of an unwieldy I2E system, using the device of a hypothetical terrorism investigation. It concludes disclosure risk for CSIS in an anti-terrorism investigation can be managed, in a manner that threads the needle between fair trials, legitimate confidentiality concerns and public safety. The paper proposes both administrative and legislative changesaccomplishing these objectives."

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