A Podcast Called INTREPID
By Stephanie Carvin and Craig Forcese
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In "A podcast Called INTREPID", Stephanie Carvin (NPSIA, Carleton University) and Craig Forcese (Faculty of Law, uOttawa) discuss and debate issues in Canadian national security law and policy, sometimes ripped from the headlines, and in other instances, just because they seem interesting.
||CleanEp 46 An INTREPID Podsight with Ambassador Sabine Nolke||Stephanie and Craig are honoured to welcome to Intrepid Ambassador Sabine Nolke, Canada's Ambassador to the Netherlands, and Canada's permanent representative to the international courts based in the Hague and the Organization for the Prohibition of Chemical Weapons (OPCW). In this "podsight", Ambassador Nolke describes her career at Global Affairs Canada and then the work of the OPCW in combating chemical weapons use and proliferation. Ambassador Nolke discusses the challenges of dealing with Russia and its allies on issues of chemical weapons use in Syria and Salisbury, England, and discusses new developments at the OPCW in terms of investigating chemical weapons use. This is a terrific inner-peak into the world of international security diplomacy, what Canada does in this space and challenges in combating the scourge of chemical weapons. Thanks to Ambassador Nolke for becoming an Intrepid alum!||7/17/2018||Free||View in iTunes|
||CleanEp 45 Show Me The Money||Stephanie and Craig are joined by Jessica Davis (@JessMarinDavis), former FINTRAC and CSIS analyst, and author of "Women in Modern Terrorism" and a forthcoming book on threat financing. Lots discussed here, including: "why is combating threat financing important"; the issue of prosecutions (or lack of them) in Canada for terrorism financing; the concept of "financial intelligence" or FININT; the skill set of a good FININT analyst; and terrorism financing and ISIS.||7/10/2018||Free||View in iTunes|
||CleanEp 44 War of the Words||Stephanie and Craig welcome two terrific guests back to the show: Major-General (ret) Blaise Cathcart (Canada's former JAG) and Leah West (in her pre-law days, an ops officer with the Canadian Armed Forces). Today, we circle back to a topic we addressed in Ep 11: "targeted killing". Our return to this topic is sparked by Stewart Bell's reporting at Global on a 2015 Canadian government memo discussing the "the strategic issues associated with the targeting of enemy combatants who are also Canadian citizens in Op IMPACT, the CAF contribution to Coalition Operation INHERENT RESOLVE efforts against" ISIS. Stephanie and Craig begin with a typology of how the term "targeted killing" has been used in the literature and a description of the 2015 memo. They then bring in the guests to discuss the overall tactical targeting process for the CAF, its policy origins, and how targeting packages are determined and vetted. They focus on the concept of "armed conflict", and the applicable law of armed conflict (LOAC) (otherwise known as international humanitarian law or IHL). They address: the distinction between killing in an armed conflict and outside an armed conflict; the meaning of armed conflict and the thresholds for it and its geography, who you can kill in an armed conflict and whether there are constraints on that; how one distinguishes between a combatant (who can be targeted) and a non-combatant (who cannot); and the challenges of figuring out who is directly participating in hostilities in a hot conflict. They end with a discussion on the extent to which the Charter of Rights and Freedoms would apply in an armed conflict situation; and a brief discussion of intelligence sharing and targeting. This is our longest ever podcast, and violates our "no longer than 45-50 minutes" standard. But there is so much rich discussion in here with our terrific guests that we did not have the heart to cut. Hope you feel the same.||7/2/2018||Free||View in iTunes|
||CleanEp 43 An INTREPID Podsight: Scott Jones, Head (designate), Canadian Centre for Cyber Security, CSE||Stephanie and Craig welcome Scott Jones, Deputy Chief of IT Security at the Communications Security Establishment and now the incoming Head of the new Canadian Centre for Cyber Security, based at CSE. We talk about Scott's background and his roles in government and at the CSE, before launching into a review of the new Centre, its mandate and functions. Our focus is on cyber security and defensive cyber, and Scott walks us through how the new Centre will work in that space, not just with government but also the private sector. Scott discusses the cyber security challenges, especially for small and medium enterprises and in the critical infrastructure sector. Then we talk about "artificial intelligence" -- what is, is it here, and what does it mean in the cyber security area? And we end by shifting states (sorry) and talking about quantum computing and its implications for cryptographic security. This is a romp through what was once science fiction, and now just plain science. Another jammed-pack session, and Scott is the person you want to hear from on all these matters. Our thanks to Scott for becoming an Intrepid alum.||6/26/2018||Free||View in iTunes|
||CleanEp 42 Chasing Down the News Cycle||Lots happening in the national security law and policy world. Stephanie and Craig try to keep up with developments. After a brief update on earlier matters discussed in prior podcasts, they walk through things that caught their eyes in the new report by the Security Intelligence Review Committee (SIRC), CSIS's review body. Things like datasets, for example. ("That old chestnut!" -- sorry National Security Law Podcast). They then talk two trials that should be in trial court, but aren't yet really: Peshdary (a terrorism case, started but now adjourned) and Huang (an espionage case, not even started). Feel free to stare into the middle distance as Craig waxes on about the intel to evidence issues in these two cases, based on recent superior court and Federal Court of Appeal decisions. They end with a few words on a new civil lawsuit launched against Canada and alleging negligence in relation to the 2016 death in a terror bombing in Afghanistan of Nepalese Ghurka security forces retained to provide security at the Canadian embassy.||6/22/2018||Free||View in iTunes|
||CleanEp 41: An INTREPID Podsight: Bob Paulson, former Commissioner of the Royal Canadian Mounted Police||Stephanie and Craig are very excited to welcome Bob Paulson, RCMP Commissioner between 2011-2017 to the podcast. This is a rich discussion: anyone with an interest in national security policing will want to listen -- but not just the national security side of things. We start by covering Bob's career and experience in the RCMP; what it's like to run the RCMP; the structural challenges the force faces; how policing has changed (and especially the disclosure requirements); and the skill sets for a modern RCMP. We then dive into the national security side of things. Yes, of course we cover intelligence-to-evidence, this time from the perspective of a police officer. We talk about RCMP/CSIS cooperation and how it has improved and where the challenges still lie. And we get into the weeds on the challenges of terrorism investigations, and especially investigating foreign terrorist fighter returnees. We also talk about the "going dark" issue -- encryption and its effects on investigations. And we address: what it's like to do anti-terrorism in a zero tolerance environment, where public perception of the relative risk from crimes tends to emphasize terrorism over other pressing issues; cyber crime and policing; and the importance of the independence of police from political intervention. Did we cover enough? If we did, give us a shout-out on iTunes reviews and tell others about Intrepid! And thank you to former Commissioner Paulson for becoming an Intrepid alum.||6/15/2018||Free||View in iTunes|
||CleanEp 40 Broken News: Catching Up to the Headlines at Least to Late May||Stephanie and Craig sat down in late May (before Stephanie disappeared on a well-deserved holiday) to catch up on some issues in the news. We talked about: Vice News and journalist privileges and source material, a case before the Supreme Court; the case that the Supreme Court has now agreed to hear on whether the children born to Russian "illegal" intelligence agents can retain their Canadian citizenship; Aecon and the investment blocking order on the Chinese takeover that Canada has issued on national security grounds; a fuller discussion of the Ayanle Hassan Ali terrorism case; and, for those who stick around, a brief chat on upcoming projects.||6/6/2018||Free||View in iTunes|
||CleanEp 39 Keeping the Ghost out of Canada's Electoral Machine||Craig voted in the Ontario election today, and joked with the scrutineer that he hoped the Russians weren't hacking the Ontario electoral officer's counting machines. Because if they were, that would be a cyber security integrity threat. (He was assured the machines were safe from the internet). In this podcast, Craig and Stephanie discuss the various dimensions of cyber security -- confidentiality, integrity and availability -- using an escalating 2019 federal election hypothetical to examine the policy and legal issues. They end by discussing what, if any, fixes are found in the new Canada Elections Act amendments offered in the new bill C-76. Their bottom line: We Need A Plan So That We Aren't Making It Up As We Go.||5/28/2018||Free||View in iTunes|
||CleanEp 38 An INTREPID Podsight: Ritu Banerjee, Canada Centre for Community Engagement and Prevention of Violence||Stephanie and Craig are pleased to welcome Ritu Banerjee, Senior Director, Canada Centre for Community Engagement and Prevention of Violence, Public Safety Canada. Ritu discusses the work of the Canada Centre in relation to radicalization of violence, and Canada's various programs designed to offer "off-ramps" for those radicalizing to violence. These are the tools used for "non-criminal" space, prior to criminal thresholds (eg to terrorism offences) being crossed. Other topics discussed include the challenge of terrorist disengagement among offenders incarcerated for terrorism offences, peace bonds and foreign fighter returnees. The focus of this podsight is the preventive side of the anti-terrorism spectrum. Lots in here to ponder.||5/22/2018||Free||View in iTunes|
||CleanEp 37 Fifty Shades of Terrorist Ideology||In the wake of the Quebec City shootings, the Toronto van murders and other recent tragedies in the news, Stephanie and Craig decided the time has come to try a walk-through how the Canadian Criminal Code defines terrorism. And so we talk "terrorism offences", "terrorist activity", "terrorist groups" and other concepts in criminal law, and debate (endlessly it might seem) whether these concepts could reach, for example, the Toronto van murders. Along the way we manage to work in foreign fighter returnees, the recent court decision in the Canadian Armed Forces recruitment centre attack and how the CSIS Act concept of terrorism is a bit different from that in the Criminal Code, in manners that might matter for CSIS investigations. Lots in here. Sorry.||5/15/2018||Free||View in iTunes|
||CleanEp 36 An INTREPID Podsight: CSIS Director David Vigneault||Stephanie and Craig were very pleased and honoured to welcome David Vigneault, the director of the Canadian Security Intelligence Service, as our guest in this latest "podsight". Over the course of nearly 50 minutes, Director Vigneault talked about his background in the security and intelligence community, his current position and its demands, the role of an intelligence service in a democratic society governed by the rule of law, the evolving composition of CSIS, the functions of intelligence in national security in the complex security environment, and contemporary challenges (including intelligence to evidence and the "going dark" issue). These were important observations -- not to be missed by anyone trying to understand national security and intelligence in Canada. Many thanks to the Director for carving out this time in his demanding schedule.||5/11/2018||Free||View in iTunes|
||CleanEp 35 Zzzzzz-59: The Carvin & Forcese Clause-by-Clause of C-59 Amendments||Ok, dear listeners, someone needed to do it: Stephanie and Craig march through the amendments to bill C-59, the massive national security law overhaul that we spent many of our earlier podcasts dissecting. These amendments are hot off the press, having been passed by the Commons Standing Committee on National Security and Public Safety, and the bill is now back in front of the full Commons (after which it needs to go to the senate). So miles yet to go, but the amendments do clean up quite a bit that caught our eye in our earlier discussions. So, we need to do a reprise. Now, admittedly, it's hard to make this scintillating. But its the cod-liver oil of podcasting. Enjoy! (Stephanie is responsible for this week's title.)||5/8/2018||Free||View in iTunes|
||CleanEp 34 An INTREPID Podsight: Mylène Bouzigon & Jennifer Poirier from the National Security Litigation & Advisory Group, Justice Canada||Stephanie and Craig welcome to our latest "podsight" Mylène Bouzigon & Jennifer Poirier from the National Security Litigation & Advisory Group, Justice Canada. Mylène and Jennifer discuss the important role of legal advisors in the practice of national security in Canada, focusing particular attention on the process of obtaining CSIS search and seizure warrants in threat investigations. They talk in particular about the special expectations on lawyers and CSIS in terms of candour to the court. They also share thoughts on the evolution of national security law and emerging concepts of privacy in the new information-rich, technological age. This podsight is full of fascinating detail rarely discussed outside of specialized circles -- and highlights the centrality of law in a national security system based on the "rule of law". Thanks to Mylène & Jennifer for joining us and becoming Intrepid podcast alum!||4/30/2018||Free||View in iTunes|
||CleanEp 33 An INTREPID Podsight: Blaise Cathcart, QC, Major-General (Retired), former Judge Advocate General of the Canadian Armed Forces||Late last week, Stephanie and Craig were very pleased to invite to the podcast Blaise Cathcart, QC, Major-General (Retired), Judge Advocate General of the Canadian Armed Forces (2010–2017). This is a jam-packed discussion. If you're interested in knowing more about how law and policy interact in Canada's national defence space, it is not to be missed. Among other things, Blaise provides a thorough & fascinating overview of: the role of the JAG; the manner in which legal advice is organized in government; law and inter-operability with Canada's allies; the new review and accountability framework for the Canadian Armed Forces, given the National Security and Intelligence Committee of Parliamentarians and the proposed C-59 review agency; the CSE's proposed offensive cyber capacity and international law; and the place of law in the use of force (including a small debate at the end with Craig on the Syria missile strikes discussed in Ep 32 -- please listen to that first to understand the context. This final topic focuses on whether humanitarian intervention has "crystallized" as customary international law.) Thanks to Blaise for becoming an Intrepid Podcast alum!||4/23/2018||Free||View in iTunes|
||CleanEp 32 Scaring Assad Straight...Or Shooting Missiles At Our Own Feet?||Stephanie and Craig invite Jeremy (Jez) Littlewood, from the Norman Paterson School of International Affairs at Carleton and Bessma Momani from the University of Waterloo & the Centre for International Governance Innovation (CIGI) to talk about Syria, chemical weapons and missile strikes. Jez walks us through the facts on the ground, based on what is known about chemical weapons use in Syria, and the Chemical Weapons Convention, and Bessma considers the political implications of the US, UK and French missile strike this past weekend. Craig and Stephanie then pick up the thread and talk about the international law issues on use of force. This is a jam-packed podcast -- thanks to Jez and Bessma for taking time away from grading and other things to lend their expertise.||4/16/2018||Free||View in iTunes|
||CleanEp 31: An INTREPID Podsight: Ray Boisvert, Ontario Provincial Security Advisor||In our latest "podsight" episode, Stephanie and Craig are joined online by Ray Boisvert, the Provincial Security Advisor of Ontario. Ray describes his career -- starting at the RCMP through to his senior role at CSIS. He discusses the new Office of Provincial Security Advisor, its mandate and functions. And at various points in our conversation, Ray addresses cyber security, federal/provincial cooperation on critical infrastructure, and the provincial role in responding to radicalization to violence & terrorism.||4/10/2018||Free||View in iTunes|
||CleanEp 30 Beware State-Owned Enterprises Bearing Easter Eggs||Stephanie and Craig are back for their double-header this week, finally discussing investment, trade and national security. Oh, how obscure you might say! But this is where the bucks are being stopped. So we talk about the implications of foreign direct investment by state-owned enterprises from non-democratic states, and how the Investment Canada Act works in terms of "national security reviews" (to the extent we can peer through that glass, darkly). We then talk tariffs, trade, steel, aluminum, national security and Trump. Yes, he can slap on those tariffs. And yes, it's another nail in the coffin of the open, post-war trading system (or so it risks becoming): it norm-busts on power that has been governed by restraint, not law. This is our 30th episode and so if this were Logan's Run, we'd have to kill off this podcast. We still have wind in the sails, but if the pod is useful, don't forget to tell us on iTunes reviews.||3/29/2018||Free||View in iTunes|
||CleanEp 29 Spring Cleaning for Russian Embassies ... And Our Facebook Pages||Stephanie and Craig focus on this week's developments in the aftermath of the Salisbury chemical weapons attempted murder. They talk about the political and legal dimensions of the coordinated expulsion of Russian "undeclared" intelligence officers in Russian embassies and consulates in a large number of Western nations. Among the issues they discuss: What can a diplomat do in terms of collecting information? When does it cross a line? And how does "persona non grata" work in terms of expelling diplomats. We then look at the Cambridge Analytica/Facebook scandal and welcome to the podcast Professor Teresa Scassa, Canada Research Chair in Information Law at the University of Ottawa, Faculty of Law. Teresa discusses her recent blog analysis of this case (http://www.teresascassa.ca/). Stephanie and Craig then discuss how revelations in this matter might feed ongoing debate about whether relatively permissive rules allowing CSIS and CSE access to "publicly available" information proposed in C-59 (still sitting in committee in the Commons! Sigh) should be tightened. Thanks for Teresa for joining us. And don't forget: if you think what we're doing with this podcast is useful, let us know on iTunes reviews!||3/27/2018||Free||View in iTunes|
||CleanEp 28 Pulling More Threads in the Gordian Knot -- More on Intelligence to Evidence||In Stephanie's absence, Craig is joined by Leah West, a national security law fellow at the University of Ottawa and counsel at Justice Canada, and Kent Roach, professor of law at the University of Toronto, to go deeper on an Intrepid Podcast favourite: intelligence-to-evidence. Kent talks about the Air India commission and its conclusions about the police/CSIS relationship and his views on the importance of reforming section 38 of the Canada Evidence Act, the provision permitting the government to contest disclosure of intelligence in court proceedings. Leah speaks to her research on the United Kingdom system for managing intelligence in criminal proceedings, and lessons-learned from that country. Leah and Kent don't totally agree on the same reforms, but both conclude that Canada's current terrorism trial system is in real need of a fix. (Listeners may wish to listen to Episode 25, our first intelligence-to-evidence overview before diving into this pod.)||3/20/2018||Free||View in iTunes|
||CleanEp 27 A Budget of Issues -- The Intrepid Catching Up With The Headlines Edition||Stephanie and Craig catch up on issues from the last few weeks: a few developments in anti-terrorism trials; the new RCMP commissioner; and IMSI catchers (again). Then they talk about national security aspects in the federal Budget, with a focus on cyber and the no fly list. They work in a chat about "going dark" and lawful access. And then they debate whether the National Security and Intelligence Committee of Parliamentarians should review L'Affaire Atwal and the PM's India visit.||3/14/2018||Free||View in iTunes|
||CleanEp 26 The Sum of Many Fears -- Chemical Weapons Use in England||Stephanie and Craig decided to prepare a supplemental podcast today, focusing on fast-moving events in the United Kingdom in the wake of an apparent assassination attempt of a former Russian intelligence officer, using a Russian chemical weapon. They don't have all the facts, of course, but enough has been said and alleged now to walk through some of the international law issues.||3/13/2018||Free||View in iTunes|
||CleanEp 25 Intelligence, huh, What is it Good For? .... Evidence||If you are playing Intrepid podcast's drinking game, better stick to water. It's our first deep dive into "intelligence-to-evidence", something we keep mentioning and never explain. Because many or upcoming guests will have views on this, we figured we should do a run through of the dilemmas. This issue isn't as obscure as it sounds -- in fact, Craig thinks intelligence-to-evidence is the tail that wags Canada's national security dog. So in this episode we talk about intelligence-to-evidence dilemmas: what are they; should you care; can they be fixed?||3/6/2018||Free||View in iTunes|
||CleanEp 24 The Russians Are Coming||Intrepid Podcast is back! Today, Stephanie and Craig dig into the new CSIS export report on foreign influence, and riff off a Globe and Mail article containing warnings from a NATO expert predicting Russian interference in the 2019 federal election. Our topic is influence operations, and then a closer look at who has been doing what in this space since the 2016 US elections, the Mueller indictments (and Craig still needs to learn how to pronounce Mr Mueller's name) as well as a march through the various legal responses in cyber influence activities in international and Canadian law. We weave in discussion of CSE's proposed active cyber mandate and international law questions arising from it, and end with a plug for this weeks National Security Crisis Law Simulation at Georgetown law school. Go Team Canada!||2/27/2018||Free||View in iTunes|
||CleanEp 23 London Calling - A Podsight with the UK's Former Independent Reviewer of Antiterrorism Laws||Stephanie and Craig continue their "podsight" series with a conversation with David Anderson QC, the United Kingdom's independent review of antiterrorism law (2011-2017). David describes the role of his office -- and how it grew and affected both legislative and operational reform in the United Kingdom in the area of national security. The United Kingdom confronts many of the same dilemmas as Canada -- and David's insight into both the process and substance of national security law and policy sets the gold standard for evidence-based independent assessments on these matters. Topics covered in our podsight include, among others: the policy-process in national security; the role of parliamentary national security committee of parliamentarians; intercept authorities and surveillance; citizenship revocation; assurances against torture; and (it almost goes without saying) the relationship between police and intelligence services and intelligence-to-evidence.||2/6/2018||Free||View in iTunes|
||CleanEp 22 Anti-Terror Peace Bonds Have Their Day in Court||Today, the Intrepid team circles back to anti-terrorism peace bonds as a Canadian anti-terrorism tool because of a new case, R. v. Ibrahim. Released last week, this is the first anti-terror peace bond to be contested on its merits -- and the government lost. Stephanie and Craig discuss how peace bonds work, their pros and cons, and what exactly happened in this case, and what it might mean.||1/30/2018||Free||View in iTunes|
||CleanEP 21 Intrepid Podsight: Communications Security Establishment||In Episode 21, Stephanie and Craig launch a new Intrepid feature: "Podsights" from inside the Canadian security and intelligence communicate. The Communications Security Establishment's Dominic Rochon and Christopher Williams talk about: CSE's roles and functions; challenges it faces in the cyber and SIGNINT space; misunderstandings about its activities; changes bill C-59 will make to CSE's mandates; and what it's like to work at CSE (and how to come work for CSE). Thanks to Dominic and Christopher for spending an hour with us, and for the CSE rubber ducks. (yes you have to listen to figure that one out.)||1/25/2018||Free||View in iTunes|
||CleanEp 20 People extradited out, People entrapped in, Ball of Confusion||Stephanie and Craig are back with Episode 20. Today, the Intrepid crew say a few words about the CSIS megatrends report that CP acquired through Access to Information Act, before launching into a discussion of the arduous (and doubtful) trials of Dr Hassan Diab -- and specifically, the French terrorism judicial process and the problems with Canada's extradition law. (The news is breaking as this is posted that Dr Diab has now returned to Canada). They also turn to another difficult case: the Crown's appeal in Korody and Nuttall (the "Canada Day" or "Victoria legislature" bomb plot). This is Canada's one and only case in which a trial court concluded the police entrapped a terrorism accused. Discussion of this matter produces a vigorous exchange of views about the merits of the entrapment finding. But Stephanie and Craig are still on speaking terms and back next week.||1/16/2018||Free||View in iTunes|
||CleanEp 19 Event Horizon 2018||Stephanie and Craig kept talking on Thursday, after Episode 18 and went on to discuss some of the other things they will be watching in the Canadian national security law and policy space in 2018. On the menu: the fate of C-59; cyber security and lawful access issues; a mustering of trials for terrorism (in law or name) matters; and, of course, whether Spy Kids will end up at the Supreme Court of Canada. (Apologies for the HVAC background hum in the first 12 minutes or so)||1/13/2018||Free||View in iTunes|
||CleanEp 18 Grading the Government's Written Work||Stephanie and Craig are back for their first pod for 2018. They catch up on late breaking developments in December: The Season of Reporting. Fresh off grading piles of papers and exams, they evaluate the 2017 Public Report on the Terrorist Threat to Canada. After being a bit cranky, they have their "only in Britain, pity" moment, comparing the Canadian (lack of) data with the information coming out the UK from the Intelligence and Security Committee of Parliamentarians and the recent report issued by the former independent reviewer of anti-terrorism law, David Anderson. This material and more inspires them to propose the substantive agenda for Canada's nascent National Security and Intelligence Committee of Parliamentarians. And then they end by discussing the Mel Cappe report on a review body for CBSA -- wondering, not least, why it took the access to information act to get that report out.||1/11/2018||Free||View in iTunes|
||CleanEp 17 A Post-Christmas Carol(ine)||In the middle of night on December 29, 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 the short-hand in international law for the “inherent right to self-defence” exercised by states in far-off places and different sorts of war. The Caroline is remembered today when drones kill terrorists and state leaders contemplate responses to militarily-threatening adversaries. But it is remembered by chance and not design, and often imperfectly. Destroying the Caroline: The Frontier Raid that Reshaped the Right to War (Irwin Law, 2018), by Intrepid Podcast's own Craig Forcese, tells the story of the Caroline affair and the colourful characters who populated it. Along the way, it highlights the various ways in which the Caroline and 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. In this special commemorative episode, marking the 180th anniversary of the Caroline's sinking, Stephanie introduces the subject, and Craig reads the preface and first chapter of his book, to be released in early 2018. In the meantime, you can follow @Cdr_Drew_RN on Twitter, as he live-tweets the events of December 1837, using the hashtag, #sinkingthecaroline.||12/29/2017||Free||View in iTunes|
||CleanEp 16 What Foreign Government is in Your Stocking?||In Episode 16, Stephanie and Craig circle back to the thorny problem of "foreign influenced activities". The team discussed this issue in passing in a prior episode, but in light of new developments in places like Australia, they though the time had arrived for a deeper discussion. The policy dilemmas are hard, the law is not all that useful, and we struggle in this country to talk about the issue without provoking political storms.||12/19/2017||Free||View in iTunes|
||CleanEp 15 One Warrant to Rule Them All and in the Federal Court Bind Them (or Not)||Stephanie and Craig lift their eyes from their piles of grading and launch into a discussion of today's new ministerial directions on information-sharing and mistreatment, issued for the Department of National Defence (including CSE) and Global Affairs Canada. And then they bravely go where no podcast ever should: into a discussion of warrants, production orders and four important new cases on wiretaps and data intercepts. Two Federal Court cases involving CSIS intercepts and two Supreme Court cases involving text messages. Together these cases show how Charter search and seizure rules are grappling with the new technological age. And then Craig goes on a bit about how chaotic our lawful access rules are. This episode definitely warrants eggnog and brandy.||12/14/2017||Free||View in iTunes|
||CleanEp 14 Locking Them Up||A Podcast Called Intrepid (finally) reaches the end of bill C-59. Stephanie and Craig focus on the Criminal Code amendments: the parts of C-59 that can involve locking people up or otherwise constraining their liberty. They discussing changes to the bill C-51 speech crime and also "preventive detention" and "peace bonds" as well as the terrorism group listing process. Lots of important dilemmas are raised by these issues (although Craig doesn't think the expansive C-51 speech crime ever made any sense). Before the duo launch into the criminal law, they offer a few brief reflections on the C-59 process in front of the Commons Standing Committee on National Security and Public Safety. The MPs were asking hard questions on Tuesday!||12/5/2017||Free||View in iTunes|
||CleanEp 13 Reading You All In||Our first Intrepid Book Club. Oprah watch out, as Stephanie and Craig talk about some recommended recent reads in national security law and policy. Stephanie talks about Donald G. Mahar, Shattered Illusions: KGB Cold War Espionage in Canada, Lanham: Rowman & Littlefield, 2017; David E. Hoffman, The Billion Dollar Spy: The True Story of Cold War Espionage and Betrayal, New York: Doubleday, 2015; and, Thomas J. Christensen, The China Challenge: Shaping the Choices of a Rising Power, New York: W. W. Norton, 2015. Craig talks Oona Hathaway & Scott Shapiro, The Internationalists: How a Radical Plan to Outlaw War Remade the World, New York: Simon and Schuster, 2017; and, Dennis Molinaro, An Exceptional Law: Section 98 and the Emergency State, 1919-1936, Toronto: University of Toronto Press, 2017. Happy reading!||12/1/2017||Free||View in iTunes|
||CleanEp 12 The SCISA is the Limit (on Information-Sharing)||In this episode, Stephanie and Craig return to bill C-59 (almost through!). Their focus is on the Security of Canada Information Sharing Act -- a product of bill C-51, designed (controversially) to facilitate internal government information sharing of information tied to broad concept of activities that "undermine the security of Canada". The Intrepid crew talk about the need for information sharing in national security, the countervailing privacy issues, the controversies over C-51's SCISA and then what bill C-59 will do to it. Then, because it is starting to come up again, they circle back for a slightly longer discussion of a matter raised in episode 6: the proposed new way in which CSIS can collect and retain "datasets" of information broader than information strictly necessary for the purpose of investigating a threat to the security of Canada. This is a pretty technical pod involving detailed discussions of statutory language. But the devil is always in the details. (To further confuse matters, Craig refers to "uber" several places, sometimes in German sense and once in the context of the ride-sharing.)||11/28/2017||Free||View in iTunes|
||CleanEp 11 For Whom the Drones Recoil||Stephanie and Craig stray from their march through bill C-59 to address an issue in the news this past week: targeted killing of foreign terrorist fighters in Syria and Iraq. Reports suggest some anti-Daesh coalition members have targeted their nationals (or supplied information about nationals to allies), ensuring they never come home. Canada denies it does the same. Could it? Should it? More generally, what will Canada do about returnees? Before getting to these questions, the Intrepid team also discusses new developments with the National Security and Intelligence Committee of Parliamentarians (good), the now-commenced parliamentary debate on C-59 (not so good) and some minor buzz about invoking the Emergencies Act in response to the opioid crisis (surprising).||11/22/2017||Free||View in iTunes|
||CleanEp 10 The first thing we do, let's disrupt all the lawyers||A Podcast Called Intrepid reaches double-digits with Episode 10, on the C-59 reforms to CSIS threat reduction powers and a new surprise addition: CSIS immunity provisions for intelligence collection activities. Threat reduction (aka disruption) was a headline act in the infamous bill C-51 (2015) -- and Craig proves he cannot talk about this topic without launching into a full-scale rant. But C-59 pares away some of the excess and puts threat reduction on (at least a more) constitutional footing. Still, the scope of that threat reduction raises important policy issues, which Craig and Stephanie discuss. They then look at the complicated new regime for immunizing CSIS breaches of the law while CSIS is engaged in intelligence gathering. This is a different issue than threat reduction. The policy dilemmas in both areas are rich -- the Intrepid crew try to identify them, appreciating that there will a variety of opinions on many. Mostly because Craig is in full-flight, we grossly exceed the usual length of the podcast (sorry). Meanwhile, Stephanie gets an above-the-call-of-duty badge for repressing a bad chest cold and taking our 10th turn at Intrepid Studios.||11/14/2017||Free||View in iTunes|
||CleanEp 9 Cyber-Cyber-Bang-Bang||In Episode 9, Stephanie and Craig return to bill C-59 to finish up discussion of the Communications Security Establishment. They focus on CSE's new cyber offensive ("active cyber") and defensive mandates and its assistance mandate to the Canadian Armed Forces. They ask about the policy and legal implications of CSE making things go "bang" in the cyber (and maybe the real) world.||11/10/2017||Free||View in iTunes|
||CleanEp 8 The Legal Pile-On, the No-Fly Glitch, and the Police-Probe||In Episode 8, Stephanie and Craig wearily try to stay on top of headlines focusing on the new lawsuit filed Monday, stemming from CSIS's alleged questioning of a non-Canadian at GITMO; the percolating controversy over Canada's troubled no-fly list and the "No Fly Kids" issue; and two terror cases, one new and one given a new twist by a recent book by an FBI undercover agent.||11/8/2017||Free||View in iTunes|
||CleanEp 7 A Whiff of Scandal, a Pinch of International Politics||In Episode 7, Stephanie and Craig revert to a discussions of matters ripped from the headlines: the recent settlement of the lawsuit stemming from the Iacobucci Inquiry; the CSIS harassment lawsuit and CSIS Toronto office workplace climate report; Canada's suspended military involvement with the Kurds of northern Iraq; and, recurring concerns about foreign-influenced activity in Canada.||11/3/2017||Free||View in iTunes|
||CleanEp 6 Commissioner, Minister, Lawyer, Spy||In this episode, Stephanie and Craig go deep into the Intelligence Commissioner and reformed Communications Security Establishment under C-59. Craig thumps the metaphorical table and makes some strident predictions about what happens if we don't get this done, Stephanie defends ministerial responsibility, and there is a minor argument.||10/31/2017||Free||View in iTunes|
||CleanEp 5 On Sanctions Swords and Journalists' Shields||In Episode 5, Stephanie and Craig tackle the new Magnitsky Act and the question of "do Canadian sanctions work". They also examine the new journalist shield law, and ask "what does it mean for national security investigations". And then they end with a terror case that went sideways for the prosecution.||10/27/2017||Free||View in iTunes|
||CleanEp 4 Reviewing the Reviewers||After our temporary absence from Intrepid Studies, Stephanie and Craig circle back to where they left off: what is going on with Canada's national security accountability system? They discuss developments on the C-22 committee of parliamentarians front, and then dive into expert review focusing on highlights from this month's SIRC annual report, and the new Federal Court judicial review of SIRC. They end on the question: what will bill C-59 do to expert review in Canada? All that in 47 minutes (sorry).||10/24/2017||Free||View in iTunes|
||CleanEp 3 The Challenge of Watching Watchers||n Episode 3 of A Podcast Called Intrepid (Thanksgiving Edition), Stephanie and Craig discuss the challenges of national security review and accountability, as a led-in to discussing bill C-59. Along the way, they also discuss the new national security and intelligence committee of parliamentarians created by bill C-22. This session was prerecorded before the long weekend, meaning Stephanie and Craig will need to catch up on two weeks of news next week.||10/9/2017||Free||View in iTunes|
||CleanEp 2 A Tale of Two Crimes||In this second episode of "A Podcast Called INTREPID", Stephanie and Craig are steered from their original plan by a busy news week. They discuss the policy and legal dilemmas stemming from what has been officially been labeled the Edmonton "terrorist attack" and developments in the trial of Amanda Lindhout's accused kidnapper.||10/3/2017||Free||View in iTunes|
||CleanEp 1 Long Poles for Touching Torture||In this pilot of "A Podcast Called Intrepid", Stephanie and Craig consider the government's release of new ministerial directives on information sharing and complicity with torture. They mostly agree (nuts!), occasionally misspeak and always struggle over the dilemmas. As our experimental model, sound quality is mixed. But we get much better in the next episodes!||9/26/2017||Free||View in iTunes|
The best Canadian national security conversation available.
New podcast and love informal style of the hosts.
The podcast I’ve been searching for!
I’m so glad that I found a podcast having to do with national security law and policy from a Canadian perspective. This has easily become my new, go-to podcast.
So happy I found this
I found this via twitter today... so happy I found this 🙂
Thanks Stephanie & Craig for creating a podcast about CANADIAN national security!! Can't wait to listen to more episodes!