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ISBN: 9781552211441

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National Security Law

Canadian Practice in International Perspective

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.” Specifically, these are events or plausible threats with the potential to inflict massive injury on life and property in Canada – terrorism, natural disasters and epidemic disease, and foreign attacks and domestic insurrections.

National security law is governed by a vast array of federal and provincial statutes. But this text, part of Irwin Law’s Essentials of Canadian Law series, also draws on core international, constitutional, and common law doctrines and the comparative legal experience of other states. In addition to describing in detail the applicable legal principles, the book flags key dilemmas and challenges that run through national security law. It also critically assesses certain issues of contemporary relevance, such as the use of armed force, torture, government secrecy, surveillance, intelligence information sharing, and detention without trial.
National Security Law is divided into three main parts along the following themes:

  • national security structure (that is, the special institutional infrastructure — both national and international – set up to deal with national security issues);
  • national security objectives (that is, the law related to several specific threats that the state seeks to curb or forestall, including terrorism, weapons proliferation, political emergencies and natural disasters); and
  • national security techniques (that is, the law governing such practices as government secrecy, surveillance, intelligence sharing, detention, and interrogation).

The book is up to date to mid-August 2007.

Contributors

Craig Forcese

Craig Forcese is an associate professor at the Faculty of Law (Common Law Section), University of Ottawa. He teaches public international law, national security law, administrative law and public law/legislation. Much of his present research and writing relates to national security, human rights and democratic accountability.

Chapter Title Abstract Contributors Pages Year Price

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Introduces national security by evaluating different definitions of national security and giving a brief overview of national security law, focusing on its structure, objectives, tools and … 11 $1.10

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Explores the pertinent dilemmas that exist in national security law, particularly focusing on the balance between national security and other fundamental rights, the question of democratic … 5 $0.50

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Considers the institutional framework for national security law, which includes international dimensions with the United Nations and the International Court of Justice, as well as the Canadian … 59 $5.90

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Discusses the institutional framework for national security in times of emergency, focusing on the impact of a state of emergency on the rule of law, emergency powers and international law, … 24 $2.40

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Discusses the challenges posed by international insecurity and armed attacks by focusing on issues such as the use of international force and collective self-defense, the proper use of military … 38 $3.80

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Considers countering terrorism at the international level by discussing terrorism and its legal implications, terrorism and military force, the question of targeted killings and its legality, as … 76 $7.60

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Discusses countering terrorism at the national level, focusing on pre-9/11 Criminal Code provisions, United Nations regulations, the Anti-Terrorism Act and the question of extraterritorial … 46 $4.60

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Considers the importance of limiting the proliferation of weapons of mass destruction (WMD), focusing on the relationship between weapons proliferation and national security, the regulation of … 50 $5.00

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Discusses natural threats to national security and public health and safety, such as extreme weather, seismic events, epidemic disease, industrial disasters and failures of critical … 24 $2.40

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Discusses secrecy and national security, focusing on the concept of open government, international law and practice governing open government, Canadian open government laws, open courts and … 57 $5.70

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Discusses surveillance, particularly looking at privacy protections through both international and constitutional frameworks, statutory protections from surveillance, the role of the Criminal … 43 $4.30

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Explores the issue of intelligence sharing, specifically considering information sharing among states, intelligence-sharing agreements, information sharing within government. The role of many … 27 $2.70

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Discusses interception and interdiction, focusing on government security, immigration and citizenship security screening, screening under the Citizenship Act, transportation security screening, … 15 $1.50

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Focuses on detention and national security, providing information on international principles relevant to detention, such as standards in international humanitarian law and international human … 72 $7.20

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Discusses interrogations, considering the relationship between interrogations and national security, as well as limits on techniques of interrogation as provided by international human rights … 31 $3.10