Canada's top court said Thursday it would consider whether the nation's spy agency requires a court's authorisation before having its allies spy on Canadians abroad. The review was requested by the government, which sought guidance despite having unveiled legislation last week that could make a ruling moot. Ottawa clarified the Canadian Security and Intelligence Service (CSIS)'s foreign intelligence-gathering powers in new legislation unveiled Friday.
The proposed act includes the need for CSIS to obtain both ministerial approval and judicial authorization to spy on Canadians abroad. The government is now appealing a lower court decision that affirmed the need for a warrant, arguing that the federal court made significant errors in law.
At the same time it faces growing criticism over a lack of parliamentary oversight of CSIIS activities in the new bill The Supreme Court did not explain why it will hear the case, as is its usual custom. No date has been set for a hearing. Ottawa has said it is aware of at least 130 Canadians overseas who are "suspected of terrorism-related activities."
But it added that the existing legal framework made it difficult for the Canadian security establishment to aggressively pursue them. Before Ottawa moved to toughen the law in response to two deadly attacks in Ottawa and Quebec province last October, a federal court judge in 2013 slammed CSIS for failing to disclose that Canada's partners in the "Five Eyes" spy network, which includes Australia, Britain, New Zealand and the United States, are called upon to spy on Canadians abroad for the agency.
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