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TABLE OF CONTENTS -- PREFACE TO THE SECOND EDITION -- PREFACE AND ACKNOWLEDGMENTS TO THE FIRST EDITION -- CHAPTER 1: Introduction -- A. Government by the People -- B. Democracy and Limited Government -- C. Democracy and Accountability -- D. About This Book: Accountability and Law -- CHAPTER 2: The Constitutional Basis for Canadian Democracy -- A. Democracy in Canada's Written Constitution -- B. Democracy in Canada's Unwritten Constitution -- 1. Overview -- 2. The "Democracy Principle" -- 3. Implications of the Unwritten Democracy Principle
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In: International journal / CIC, Canadian International Council: ij ; Canada's journal of global policy analysis, Volume 74, Issue 4, p. 612-614
In: Ottawa Faculty of Law Working Paper No. 2021-14
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In: Ottawa Faculty of Law Working Paper No. 2018-13
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In: Ottawa Faculty of Law Working Paper No. 2018-19
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In: Ottawa Faculty of Law Working Paper No. 2017-43
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In: Ottawa Faculty of Law Working Paper No. 2017-23
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In: Ottawa Faculty of Law Working Paper No. 2016-35
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In: Virginia Law Review, Volume 102
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In: Forthcoming, Oxford Handbook of the Canadian Constitution (eds. Nathalie Des Rosiers, Patrick Macklem, Peter Oliver)
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In 2011, then-Public Safety Minister Vic Toews issued "ministerial directions" to Canada's key security and intelligence agencies on "Information Sharing with Foreign Entities." These directions permit information sharing in exigent circumstances, even where there is substantial risk of mistreatment of an individual. After a brief chorus of condemnation, the directions sank into relative obscurity while remaining part of Canada's national security policy framework. This article aims to reignite discussion of these policies and their controversial content, relying in large measure on documents obtained by the author directly or through journalistic researchers under access to information law. First, I examine dilemmas raised when information is shared between human rights-observing and -abusing states and then focus on the legal parameters and policy context in which both "in-bound" and "out-bound" information sharing takes place. Next, I analyze the 2011 instruments and consider their legality under both international and domestic law. I conclude that the legality of these measures is doubtful in international law—at least in so far as out-bound information sharing is concerned—and that domestic criminal culpability and constitutional validity are very close questions.
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In: Michael Geist (ed) Law, Privacy and Surveillance in Canada in the Post-Snowden Era (University of Ottawa Press, 2015)
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