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The Human Rights of Anti-terrorism
This title is an extension of the 2006 Ottawa Colloquium in that it offers insight and will foster discussion on the balance between respecting human rights and protecting national security.
National Security Law
National Security Law is a comprehensive handbook that focuses on the law and legal instruments governing the Canadian state's response to events that jeopardize its national security. This text, part of Irwin Law's Essentials of Canadian Law series, is informed by international and comparative law. It is up to date to the end of July 2007.
International Law
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Destroying the Caroline
In the middle of night on 29 December 1837, Canadian militia commanded by a Royal Navy officer crossed the Niagara River to the United States and sank the Caroline, a steamboat being used by insurgents tied to the 1837 rebellion in Upper Canada. That incident, and the diplomatic understanding that settled it, have become shorthand in international law for the "inherent right to self-defence" exercised by states in far-off places and in different sorts of war. The Caroline is remembered today when drones kill terrorists and state leaders contemplate responses to threatening adversaries through military action. But it is remembered by chance and not design, and often imperfectly. This book tells the story of the Caroline affair and the colourful characters who populated it. Along the way, it highlights how the Caroline and claims of self-defence have been used -- and misused -- in response to modern challenges in international relations. It is the history of how a forgotten conflict on an unruly frontier has redefined the right to war.
National Security Law, 2/e
National Security Law, 2e, is about the law governing the Canadian state's response to serious crises. The book approaches national security law as a system, organizing its discussion of law around five themes: structure, threats, information, response, and accountability. This edition is a comprehensive rewrite of the first edition.
Fundamentals of National Security Accountability in Canada
This book is about the democratic regulation of Canada's security and intelligence agencies at the federal level. It serves as a primer or guidebook, both for those involved in Canada's national security system and for those with an interest in it. The book proposes six values that underlie Canada's national security system and inform (or should inform) both the conduct of security service activities and the approach taken by bodies conducting democratic regulation of them. The book also discusses how democratic regulation of the security services operates in Canada, focusing on executive oversight, judicial and quasi-judicial control and scrutiny, specialized national security review, and concluding with other forms of scrutiny. It describes the background to these functions and outlines considerations properly informing their design and conduct. The book emphasizes how democratic regulation of the security services can serve as a mechanism for nudging progressive improvement in a sector often insulated from more conventional performance pressures.
International Law, 3/E
International Law: Doctrine, Practice, and Theory is an innovative and unique volume which crosses the traditional boundaries between textbook, casebook, and scholarly monograph. The book is designed primarily as an introduction to the system and substance of international law. It is also a convenient and comprehensive reference work on the most important aspects of this burgeoning field. The book includes introductory materials on the nature, history, and theory of international law from an international relations, as well as a legal, perspective. Carefully selected and edited primary materials -- including treaties, UN documents, and cases -- take readers to the very sources of the rules a...
False Security
On 20 October 2014, a terrorist drove his car into two members of the Canadian Armed Forces, killing Warrant Officer Patrice Vincent. Two days later, another terrorist murdered Corporal Nathan Cirillo before storming Parliament. In the aftermath of these attacks, Parliament enacted Bill C-51 -- the most radical national security law in generations. This new law ignored hard lessons on how Canada both over- and underreacted to terrorism in the past. It also ignored evidence and urgent recommendations about how to avoid these dangers in the future. For much of 2015, Craig Forcese and Kent Roach have provided, as Maclean'sput it, the "intellectual core of what's emerged as surprisingly vigorous push-back" to Bill C-51. In this book, they show that our terror laws now make a false promise of security even as they present a radical challenge to rights and liberties. They trace how our laws repeat past mistakes of institutionalized illegality while failing to address problems that weaken the accountability of security agencies and impair Canada's ability to defend against terrorism.
Top Secret Canada
National security in the interest of preserving the well-being of a country is arguably the first and most important responsibility of any democratic government. Motivated by some of the pressing questions and concerns of citizens, Top Secret Canada is the first book to offer a comprehensive study of the Canadian intelligence community, its different parts, and how it functions as a whole. In taking up this important task, contributors aim to identify the key players, explain their mandates and functions, and assess their interactions. Top Secret Canada features essays by the country’s foremost experts on law, foreign policy, intelligence, and national security, and will become the go-to resource for those seeking to understand Canada’s intelligence community and the challenges it faces now and in the future.
Every Cyclist's Guide to Canadian Law
More Canadians are riding bicycles than ever before, but did you know that riding your bike in Canada is now almost as heavily regulated as driving your car? Whether you are one of more than 200,000 Canadians who commute by bike, the parent of a child with her first two-wheeler, a veteran racer, or a recreational rider, the chances are you will need this book. In Every Cyclist's Guide to Canadian Law, Craig Forcese and Nicole LaViolette, both law professors and avid cyclists, provide a comprehensive overview of Canadian law for bicycles -- covering rules of the road, purchasing and using bicycles, what to do in the case of an accident or a stolen bike, starting up your own cycling club, racing your bike, and much more. Accessibly written and often humorous, this book is written for those with little or no legal background. Using straightforward and jargon-free explanations, the authors include anecdotes and examples drawn from their own experiences as seasoned recreational and competitive cyclists. Every Cyclist's Guide to Canadian Lawwill also provide an authoritative reference for lawyers, club directors, coaches, and sporting event planners.
