Bill C-59 is back with a rush. The initial debate in the Commons was disappointing and I fear for the future of the little that remains of my hair. So without pointing specific fingers: We need to debate what is *really* in this bill (or not), not what various political bases want to *believe* is in the bill. There are important things that can be meaningfully debated about what *is* in the bill and what *is not* in the bill. There is no meaningful debate to be had about things one *imagines* are in the bill.
Once more unto the breach, I will try to squeeze a few compact video primers into the short space between the end of the teaching term and the beginning of the grading purgatory. Kent Roach and I did a basic early assessment here. And I posted a meditation here. But for those following along with A Podcast Called INTREPID, Stephanie Carvin and I are getting into the weeds . So here is a Listener's Guide to Bill C-59:
- Episode 3: The Challenge of Warching Watchers: bill C-59's new "review" body, the National Security and Intelligence Review Agency.
- Episode 6: Commissioner, Minister, Lawyer, Spy: bill C-59's fix to CSE's current (very) constitutionally-suspect system of foreign intelligence and cybersecurity activities implicating Canadian private communication or metadata. (We did not discuss how we haven't quite fixed the problem but could with a few words of amemdment. See here. I think I have been persuaded that my one-word fix may fix the a constitutional problem and create an operational problem. So I have a different, five or six word fix.) This podcast also discusses new powers for CSIS to receive and analyze and retain information not tied only to threats to the security of Canada. (Feel free to shake your head should anyone claim that C-59 does not include substantial new powers for intelligence services).
- Episode 8: The Legal Pile-One, the No-Fly Glitch, and the Police Probe: includes a discussion of Canada's creaky no-fly list and how C-59 fixes it in part, but still fails to resolve it in full.
- Episode 9: Cyber-Cyber-Bang-Bang: discusses C-59's considerable expansion of CSE's mandate to include offensive and defensive cyber. (Again, feel free to shake your head should anyone claim that C-59 does not include substantial new powers for intelligence services).
- Episode 10: The first thing we do, let's disrupt all the lawyers: discusses C-59 and CSIS threat reduction powers and what changes and what doesn't. And discusses new criminal immunity powers for CSIS sources (and officers) doing intelligence work and the checks and balances. (Please keep shaking that head if people try to tell you this bill doesn't offer anything to the security services).
In Episode 12, we will discuss C-59 and the Security of Canada Information Sharing Act. And in Episode 14, we intend to discuss C-59 and changes to the C-51 speech crime and some of C-51 changes to preventive detention.
You can decide for yourself whether you like what's in C-59 or not, and whether its good policy. You can decide for yourself if the bill grapples properly with hard dilemmas. We have our own views and perhaps make our own errors. But we believe that any opinion on C-59 is necessarily guided by (a) knowing what those dilemmas are and (b) what is in C-59. Hope this helps.