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ISBN: 9781552215517-02

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Chapter 2

Dilemmas

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From: National Security Law 2e

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Readings in Part 1 of this title, "Structure", cover the fundamental principles of Canadian National Security Law. This chapter explores a variety of deliemmas faced in the preservation of national security. These include the relationship between national security and rights, the preservation of democracy in the combat of tyranny, acting transparently while responding covertly, and acting decisively in a fog of war.

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Contributors

Craig Forcese

Craig Forcese is a full professor at the Faculty of Law (Common Law Section), University of Ottawa. He is also an adjunct research professor and senior fellow, Norman Paterson School of International Affairs, Carleton University and a national security crisis law fellow, Center on National Security and the Law at Georgetown Law (Washington, DC). Craig sits on the executive of the Canadian Network for Research on Terrorism, Security and Society (TSAS), and is a past president of the Canadian Council on International Law and the Canadian Association of Law Teachers. At uOttawa, Craig teaches public international law, national security law, and administrative law. He also co-teaches advanced international law and relations at the Norman Paterson School of International Affairs. Craig has a BA from McGill University; an MA from the Norman Paterson School of International Affairs, Carleton University; a JD (summa cum laude) from uOttawa; and an LLM from Yale University. He is a member in good standing of the bars of Ontario, New York, and the District of Columbia.

Leah West

Leah West is an assistant professor of International Affairs (National Security and Intelligence) at the Norman Paterson School of International Affairs, Carleton University, where she teaches national security law, counterterrorism, and public international law. She completed her SJD at the University of Toronto in 2020, where she studied the application of the Charter of Rights and Freedoms to state conduct in cyberspace. Beyond her SJD, Leah obtained an LLM in International Humanitarian and National Security from the University of Ottawa; a JD from the University of Toronto; an MA in Intelligence from the American Military University; and is a graduate of the Royal Military College of Canada. She previously worked as a National Security lawyer with the Department of Justice and served for a decade as an officer in the Canadian Army.