Federal court directives CSIS cannot obtain warrants expropriating data physically situated outside of Canada. In a ruling liberated late Wednesday afternoon the Federal Court justice Simon Noel resolute that he did not possess jurisdiction to concede an appeal by the Canadian Security Intelligence Service for a warrant sanctioning intelligence officers to expropriate foreign intelligence if executing it yields extraterritorial impact.
This is so as underneath existing litigation CSIS is only sanctioning to gather foreign intelligence from “within Canada.” This particular case is deliberately bracketed out and does not signify precisely what, who or why CSIS gave a warrant to carry out foreign intelligence operatives that could extend beyond Canadian borders.
What seems to matter is the question of what precisely enumerate as “within Canada” when it comes down to what spies can and cannot expropriate. In the past such an entreaty might have adorned the form of CSIS cross examining the court for a warrant to wiretap the phone discussions of two distant diplomats having a discussion via phone in Ottawa.
Now a days the same discussion might occur through a non-native national seated in their living room in Ottawa and discussing with another foreign national via draft message generated and saved on an email manifesto whose data is all captured in a server situated abroad.
Craig Forcese, a law professor at the University of Ottawa concentrating on national security said that the matter of that is if you are ridiculing the conversation exterior of Canada will that be considered as within Canada?
Federal court directives CSIS cannot obtain warrants expropriating data physically situated outside of Canada. The CSIS Act, which administers what the national spy agency can and cannot do, was launched in 1984.