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Surveillance

Does Government Spying Make Us Safer? Liberty v Secretary of State

A Decision of the United Kingdom’s Investigatory Powers Tribunal (“the Tribunal”) in Liberty v Secretary of State, [2015] UKIPTrib 13 77-H [Liberty], endorsed the importance of transparency in the surveillance practices of British security agencies such as the Security Service (“MI5”), the Secret Intelligence Service (“MI6”), and the Government Communications Headquarters (“GCHQ”). The decision emphasized […]

X(Re): A Check on CSIS Powers or a Roadmap for Expanding Them?

On July 31, 2014, the Federal Court of Appeal ("FCA") released its judgment in X(Re), 2014 FCA 249, largely upholding a Federal Court finding that limited the scope of powers that may be exercised by the Canadian Security Intelligence Service ("CSIS") while carrying out surveillance of Canadians abroad. The matter arose after the Federal Court became aware that CSIS […]

State Surveillance Powers Made Available to Plaintiffs in a Class Action: Imperial Oil v Jacques

In a decision released on October 17, 2014, Imperial Oil v Jacques, 2014 SCC 66 [Imperial Oil v Jacques], a majority of the Supreme Court Court ("SCC") upheld a Quebec motion court's ruling that allowed plaintiffs in a class action to access relevant government surveillance materials during civil discovery proceedings. The class action arose after an investigation of […]