Episode 125: Being Candid on the Duty of Candour (A quick take on the Federal Court Decision)

A Podcast Called INTREPID

On 16 July the Federal Court released a long rumoured decision on CSIS operations. While many of the legal issues raised in the case have been resolved as a result of Bill C-59, the decision noted a number of other issues that raise questions about relations between the Service, the Federal Court and the Department of Justice. The Intrepid Gang discuss what happened and why, why CSIS officers need some kind of immunity (and bemoan that it took so long to get it), the duty of candor and some of our early big picture take-aways. This is a topic to which we will certainly return to in the future.

Please note, on the same day it was announced that in response to the decision, the Justice and Public Safety Ministers asked NSIRA to conduct a review of both Justice Canada and CSIS Canada to be conducted by former Supreme Court Justice Marie Deschamps and Professor Craig Forcese. Although a founding member of Intrepid, Craig Forcese has entirely recused himself from any commentary, discussion, or observations in relation to this issue at this time and was in no way involved in the production of this podcast. (Blame all mistakes on Stephanie)