National Security Law

Official description:

Critical analysis of the concept of national security, defined as the protection and preservation of a state's values, institutions and the well-being of its citizens in the face of such threats as armed attack, terrorism, natural disasters or other emergencies. Examination of Canadian and international laws governing efforts to preserve national security. The laws of the United States, the United Kingdom and other jurisdictions will also figure in the discussion. The conflict between national security imperatives and human and civil rights at both the international and national level will be a key preoccupation of the course.

Detailed description:

There is no single universally accepted definition of national security. For purposes of this seminar, we adopt a working definition: national security is concerned with the protection and preservation of a state’s values, institutions and the well-being of its citizens. It is a concept that has a strong association with law enforcement and military preparedness, and sometimes co-exists uncomfortably with the rule of law. Defined in this way, national security can be seen to be an expansive concept with profound consequence. The very flexibility that ensures it is able to adapt to changing circumstances can be the source of uncertainty, even abuse.

This seminar focuses a critical eye on the Canadian context. We examine Canadian laws and efforts to protect and preserve our national security. In this semester, we focus specific attention on the law governing: the mandates of Canada's security and intelligence agencies and services; terrorism; weapons of mass destruction; cyber-security, espionage and foreign influenced activities; deployment of the Canadian Armed Forces; national security secrecy; intelligence-gathering; national security surveillance; intelligence-sharing within Canada and internationally; administrative measures relating to national security (such as no-fly lists); and national security detention.

Learning Objectives

Upon successful completion of this course, you will be able to:

• analyze and appraise legal tools used in Canadian national security law;

• apply these legal tools in discussions of policy issues relation to national security;

• articulate, justify and explain reasoned opinions clearly and concisely in short-form written analyses;

• articulate, justify and explain reasoned positions clearly and concisely in formal oral presentations; and,

• research and analysis topics of national security law in comprehensive research projects.

Last taught: 2023-24