I have posted a draft chapter on the implications of bill C-44 and related matters for Canada's extraterritorial intrusive surveillance operations, especially for CSIS. The paper can be found here. The abstract is as follows:
Spying by Canadian agencies is now “judicialized” to an unprecedented extent. In the area of extraterritorial surveillance, the result has been a series of difficult court decisions, and an inadequate legislative response. This brief article explores these assertions. It begins by briefly setting the stage, examining the role and jurisdiction of Canada’s two chief intelligence services. The article then highlights recent controversies, before describing the arcane legal questions they have provoked. Finally, it suggests looking to the Australian model of distinguishing between anti-terror and other types of intelligence operations to bifurcate the judicialization of extraterritorial intelligence collection.