Threading the needle: Structural reform and Canada's intelligence-to-evidence dilemma

This 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 an...

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Bibliographic Details
Published in:Manitoba law journal (1966) 2019-01, Vol.42 (4), p.131-187
Main Author: Forcese, Craig
Format: Article
Language:English
Subjects:
Canadian Security Intelligence Service
Evidence
Evidence, Criminal
Fair trial
Prevention
Public safety
Terrorism
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Summary:This 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 antiterrorism 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 changes accomplishing these objectives.
ISSN:0076-3861
2818-2502
DOI:10.29173/mlj1127