Leah West
@leahwest_nsl
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SJD; Associate Prof @cu_npsia . Counsel @friedmanmansour . Sr Fellow @CIGIonline . Co-Auth Nat Sec Law, 2ed. Write about the law of spies & robots.
Joined November 2017
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In my latest research paper for
@CIGIonline
I look at how to move from the discussion on accountability for military AI use into standards of practice.
#reaim
In her paper,
@leahwest_nsl
supports Canada’s leadership of the Accountability Working Group, one of three international working groups formed to elaborate on compliance with the declaration’s principles, and delves into the complex legal discourse surrounding accountability for
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I am a survivor of sexual misconduct in the military. I spoke out publicly in the New York Times about my experience and my desire for culture change.
Not a single member of CAF/DND leadership, or the government reached out at that time or since.
Not a single person.
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Apparently
@BillBlair
’s response to my skepticism about whether legal thresholds are met is I “may not have all of the facts”.🧐 100% I don’t! Hence all the questions. But it’s his job to provide Cdns with this facts & justification for why thresholds are met.
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In light of CBC reporting let me reiterate the law. For the
#emergenciesact
to be invoked the Federa Government must consult with provinces and Cabinet must believe the protests rise to the level of a national emergency. What does that mean…
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This is an unprecedented act in Canadian legal history. Expecting any of us to have blind faith that the legal thresholds are met is not responsible government.
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All of which could have been done under ON provincial emergency orders and was not. I’d really love to see questions directed to Queens Park about why they didn’t take these steps? There seems to be a lack of public accountability at the provincial level which I find concerning.
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If the legal thresholds are not met Cabinet does not have the legal authority to declare a national emergency. Invoking Canada’s biggest hammer to quash dissent when the legal thresholds are not met is a dangerous precedent to set: one I believe informed Cdns should question.
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I can tell you that none of the Sr officers I worked with (or any officer for that matter) invited me out to golf to check on my well being after I was pushed out of the forces for sexual misconduct.
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There are a lot of not so great legal takes circulating on the possible deployment of the CAF in response to the various
#convoy
protests. Before clearing up the law, let me just say that my intent is in no way to support the deployment of the CAF, I'm just here to educate.
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Arbour report, a FC decision on CSIS datasets and new firearms legislation all out today… normally I’d be swamped with reading/analysis/interviews, but I have a seven week old so instead I’m just working on keeping him alive. Sorry folks.
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When political leaders say “we are committed to working with you and hearing you”- that statement rings absolutely hollow.
How can survivors like myself who exposed themselves and their trauma to help keep public pressure on a well known problem within the CAF trust you?
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I’m a legal academic. I’m not a politician or a pundit. I interpret the law regardless of my personal feelings about what is occurring in Canada. If you want colour commentary or political rhetoric go elsewhere.
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Reading the debate over the Emergencies Act from when it was first introduced and passed in 1988. Key take away so far: debate in the 80’s was much more civilized and seemingly more productive.
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We need to consider that Mayor & OPS statements that they could not have cleared the blockade w/out the Emergency Act may be simply politically expedient: justification for previous failure. Former OPP Commissioner confident police operation since Friday didn’t require it.
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If you had any doubt about Canada’s ATIP system, I just received a CD response… I literally have no way of accessing this. 🤬
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Well today not all bad I guess: officially getting tenure and promoted to Associate Prof this July! It’s been a wild 3.5 years and I’m grateful to the many many MANY people who’ve supported me along the way, especially the
@IntrepidPodcast
crew &
@CU_NPSIA
colleagues & students.
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I’ve never seen a single tweet so perfectly capture the problem it seeks to deny.
This is not a credible top priority for a Defence Minister, of any nation. It is important, but secondary to ensuring the Forces are prepared to protect and if necessary fight for Canada's vital national interests in an increasingly dangerous world.
@DMDND_SMMDN
@CDS_Canada_CEMD
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I spoke to the
@nytimes
this week. The plan was to address reforms in the CAF, but the conversation moved me to be more open than I expected.
Why? The actions of Maj Brennan and LCol Taylor have finally given us permission to feel angry. And we are angry.
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We have been in a pandemic for over two years and this government has not declared a national emergency, even though we've lost more than 34,000 Cdns to Covid. Unlikely that Poop, honking, and fumes is going to be the straw that breaks this camel's back.
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Oh FFS! No, we need to treat it like a public health crisis.
War is an extension of politics. War allows for collateral damage. In war the mission comes before personal safety. In war casualities are understood as one of the costs of winning.
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If you can’t realize the impact this has on the troops you are trying to lead through a crisis you don’t have the skills or character necessary to be a senior flag officer in the Canadian Armed Forces.
#Breaking
Vice Chief of the Defence Staff LGen Rouleau and head of the Royal Canadian Navy Baines went golfing with retired General Jonathan Vance this week in Ottawa. Vance is under military police investigation. VCDS is who military police report to
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All right.
I keep getting calls from journalists about why we haven’t invoked a national state of emergency. Reason number 1-99:
Provincial emergency powers are broader (often far broader) than what’s available to the Feds in a public welfare emergency.
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Amazing insight from the CAF leader who recently led the Canadian training mission in Ukraine, BZ
@MelanieLake
.
They trained to defend.
They know their land.
They know freedom.
If you thought it would be quick, you don’t know Ukrainians.
#StandWithUkraine
🇺🇦
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I will be testifying tomorrow at 11 am (fixed it) before the Standing Committee on the Status of Women along with Lt Gen Carignan the newly appointed Chief, Professional Conduct and Culture on the issue of sexual misconduct in the CAF.
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Not sure our government is ready to say the US is engaged in foreign influence that threatens Canadian security.
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I’ll be joining
@mattgallowaycbc
this morning on
@TheCurrentCBC
to discuss sexual misconduct in the military, my own experiences in the CAF, and the action needed to make the CAF a place that truly and equally welcomes and values the contributions of all of its members.
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Hey students. If your Profs have never told you to call them by their first name, don't.
I tend to notice this with male students/female profs in particular.
It's disrespectful. Stop it.
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3 For the purposes of this Act, a national emergency is an urgent and critical situation of a temporary nature that
(b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada
AND
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Very excited that I can finally share that I won a
@SSHRC_CRSH
Insight Development Grant for my research project “Control, Alt, Delete: International Law's application to Below-Threshold Cyber Operations”
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and that cannot be effectively dealt with under any other law of Canada.
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The point I’m trying to convey is that if Cdns routinely took nat sec matters seriously and not only when it’s politically expedient or when there is a juicy headline we could perhaps be grown ups & have real conversations about the threats to our nation & what to do about them.
Re. CSIS foreign intelligence warrants and collection of comms of elected officials… I’ll just leave this here (since once again people didn’t pay attention when it came out).
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Stoked to announce that I’ve accepted a tenure track position & will be joining the incredible Faculty
@CU_NPSIA
@Carleton_U
as a Lecturer of National Security and Intelligence! TY to everyone
@UTLaw
for your amazing support and guidance. I can’t wait to get to work!
#cdnnatsec
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This is totally inappropriate and a dangerous precedent. The process for listing entities should be based on evidence of a group meeting a legal threshold, not the whims of popular opinion.
This move risks turning a (already imperfect) legal process into political theatre.
MPs agree to call on feds to declare Proud Boys a terrorist entity
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How can one person write the Emergencies Act doesn’t apply because it doesn’t cover the actions we are seeing one day and then go on television the next day and support it’s invocation?
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Yes there is foreign money coming in, but is it clandestine and deceptive and or a direct threat to someone’s safety or life? I would want to see Cabinet present evidence to that because right now we only have speculative reporting about dollars coming in from US citizens.
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The GIC invoking the Emergencies Act specifies in b(I) that the threat to the security of Canada that gives rise to the national emergency is terrorism.
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Quick legal fact: as MPs, Leaders of opposition parties benefit from parliamentary privilege. Meaning, they can say whatever they want about whatever they want in parliament and they can’t be criminally prosecuted for it.
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At 22, in my second year of college, I became pregnant. Neither I, nor my boyfriend at the time were prepared to be parents in all the ways one needs to be prepared. It was clear that having a baby would dramatically & negatively change the trajectory of our lives.
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The Court of Appeal rejects Cory Hurran’s appeal of his 6 year sentence. You may remember his attempt to “communicate with the PM” with several loaded guns after ramming his truck into the grounds of Rideau hall.
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In Canada Charter rights *are not absolute!*
The Charter “guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
TY for coming to my Ted Talk.
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New oped by me 👇🏼 “The Vance scandal might score a few political points, but it will not bring about the change needed in our Canadian Armed Forces. This is going to take a lot of work, and we all have a role in seeing this through. If you’re not on board, get out of the way.”
If Canada’s military really intends to solve its sexual misconduct crisis, the will must come from within
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Since no one seemed to notice this when it came out, just gonna repost it now: .
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One thing I can tell you never crossed my mind when embarrassed by a joke of a sexual nature by a superior in front of room full of others: confront that sr officer! 🤬
The sr is the one responsible for the safety of that team, not the jr.
With rank comes responsibility.
In an email obtained by Global News the Chief of Staff to the Commander of the West Cost Navy states "lessons learned" are subordinates should confront superior officers over comments directly "so that the speaker may clarify, or apologise, or address the matter..."
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Been getting a lot of questions around the law related to Canadians who might travel overseas to fight in Ukraine.
TLDR: so long as they do not commit war crimes, there is nothing in Cdn law that legally prohibits Cdns from fighting alongside Ukrainians.
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Moreover the national emergency needs to stem from a “threat to the security of Canada”. This is a defined term under the CSIS act:
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If you want to read more, feel free to pick up or check out my book with
@cforcese
that covers all of this (we even have a handy chart):
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Last night Cabinet tabled a motion for consideration of the declaration of a national emergency. To help understand what Parliament is voting on, I did my best to prepare a chart that aligns the justifications offered with the legal thresholds.
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Tomorrow I’ll be appearing before the
@SCC_eng
on behalf of the
@cancivlib
in McGregor v The Queen. This case presents a huge opportunity for the court to revisit its problematic finding in R v Hape that the Charter cannot apply abroad absent host state consent.
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Canada’s refusal to label older white men who engage in this kind of militant style terrorist behaviour as terrorism and denounce it as such is IMO condoning and even inviting more such violence. (The arrests in Coutts, AB for example).
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These men aren’t “patriots” they are terrorists and deserve to be labeled and prosecuted as such.
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I dare anyone who agrees with this line of reasoning to produce a shred of evidence that “type A masculinity” has anything to do with the capacity to bring tactical and strategic defeat to the enemy.
This bias is a weakness in the face of asymmetric and unconventional threats.
Tucker Carlson's guest: "We don't need a military that's woman-friendly, that's gay friendly" we need men "who want to sit on a throne of Chinese skulls, but we don't have that now. We can't get women off of naval vessels, that should be step one but most are pregnant anyway."
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First- there are two applicable provisions under National Defence Act for dom ops.
1) s. 275, in the wake of anticipated riot or disturbance of the peace that is beyond the powers of the civil authorities to suppress, prevent, or deal with the prov AG can request CAF assistance.
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Serving in the military demands incredible sacrifices. Some have made the ultimate sacrifice fighting for a world where all can be free and equal.
Remembrance Day is hard, this year seems harder than most. I’m so thankful for everyone who has and continues to serve our country.
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Yesterday I passed my
@UTLaw
area exam, was asked to comment on
@PnPCBC
re an issue I believe in deeply & was selected as an
@AspenSecurity
scholar. I wouldn’t have been in a position to do any of this without the support of my llm advisor
@cforcese
. Academic Mentorship matters.
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threats to the security of Canada means
(a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage,
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I have struggled with anxiety and depression since I was 13. I’ve had a number of ups and downs, but realizing taking medication wasn’t a sign of weakness and being honest with my supervisors about when I needed a day or two to regroup has made all the difference.
#BellLetsTalk
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Still confused or want to know more about the law of emergencies? Check out this chapter from my text “National Security Law” with
@cforcese
:
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As someone who believes deeply in the rule of law and works entirely in the national security space, the suggestion that something is unlikely to be successfully challenged in court because of deference and classification and therefor is not deserving of legal scrutiny is absurd.
I think Leah’s exercise, though valuable, misses the point.
Let’s assume for argument’s sake the emergency declaration does NOT satisfy the Emerg Act. The relevant question then becomes: what is the probability of a successful legal challenge to strike it down? (Thread)
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To date, the Emergencies Act has NEVER been invoked.
Think about that...
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Yes they did. They also said it publicly at the time. And then we wrote about that in our book Stress Tested.
Another example of how Canadians will often ignore threat warnings unless it comes with a juicy headline promising classified revelations.
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Tonight my family said goodbye to my grandfather. A man who filled a huge space in my world. He was a WWII vet who committed his life to service, his family and improving his community.
He also only ever said what needed to be said.
I’m going to do my best to honour him.
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All the reasons why this letter proves Mr. Singh doesn't understand how the Emergencies Act works, or doesn't care:
I have written to Justin Trudeau asking him to consider using the Federal Emergencies Act to help Ontario
This could help make sure vaccines are getting to people who need them & help sick workers get paid when they stay home
We must do everything possible to keep people safe
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but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d). (menaces envers la sécurité du Canada)
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When you tell a room of DC Nat Sec law folks that the most dangerous foreign disinformation and influence in Canada these days comes from the US… so if you could please sort out your shit that would be great. (Only partly joking).
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Finally, many are asking about the Emergencies Act.
We are certainly no where near the threshold for calling out the military under this act (which replaced the War Measures Act in *1985*!)
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(b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person,
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Well
@theJagmeetSingh
, it’s not like you or your defence critic has reached out to discuss the issues either.
A retweet isn’t action. It’s not even your own words.
Words feel hollow without action
Survivors deserve justice and accountability
Today’s announcement about another review of the military’s culture won’t help survivors when leaders like Minister Sajjan & Prime Minister Trudeau won’t take responsibility for their failures to act
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Very grateful to announce that I was selected to receive the Joseph Bombardier Doctoral scholarship for my research on the application of the Charter of Rights in Cyberspace. Thanks so much to
@UTLaw
,
@MMotaPrado
, Kent Roach and
@cforcese
for supporting my application.
#cdnnatsec
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I hate this bill, what it stands for, how it is hurting people all across QC & the impact it is having on my community. No teacher should be removed from a classroom for quietly expressing their faith. This is religious discrimination plan and simple & a violation of the Charter.
Parents and students at an elementary school in Quebec say they are shocked a teacher was removed from the classroom for wearing a hijab.
The Grade 3 teacher at Chelsea Elementary School was removed from the classroom because of Bill 21.
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We need Bold Action Now. If you're not ready for that, get out of the way.
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2) s. 273.6, Governor in Council (cabinet) or MND may authorize the CAF to perform any duty involving “public service.” Duties may include assistance to law enforcement if requested by fed minister & both in the nat. interest & matter cannot be dealt
w effectively without CAF.
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Once request made, the CDS, subject to any directions from MND and in consultation with the affected provinces, shall call out those parts of the CF necessary to suppress or prevent any riot or disturbance.
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Thanks to
@DMDND_SMMDN
for reaching out to me directly very quickly after today’s press conference.
#leadership
I am a survivor of sexual misconduct in the military. I spoke out publicly in the New York Times about my experience and my desire for culture change.
Not a single member of CAF/DND leadership, or the government reached out at that time or since.
Not a single person.
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This is not about cancel culture, its not about
#metoo
.
Sexual misconduct in the CAF is a cancer. Women in the forces & vets want to cleanse the institution we love of this disease.
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Cdn academic tweeps. I will be in isolation upon my return home tonight. I do not have kids. If you need a break and are interested in a remote guest lecture on Emergency Law or National Security law in General shoot me a DM or email me.
We all need to help each other out.
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In 2022, our focus will become even smaller as we prepare to welcome our son into the world, but the changes in our lives will be monumental.
Covid has taken a lot from all of us but I’m grateful for what it has given me: a renewed appreciation for family, health & nature.
#HNY
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Thinking of all those deployed this Holiday season. I remember how lonely I felt both as the soldier and as the spouse. Thanks to you and your families for this sacrifice during an already difficult year. 🙏
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My prized possession was stolen from inside my garage last night. I don’t usually have a lot of attachments to things but she is different. If anyone sees my Donkey on the streets of Ottawa (she’s hard to miss with her gold breaks) please let me know. And please share
#ottcycling
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Thrilled to report that the SCC granted the
@cancivlib
leave to intervene in McGregor v The Queen. Honoured that
@SolomonFriedman
and I have opportunity to represent the CCLA in this tremendously important case examining the extraterritorial reach of the Charter.
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(c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and
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Also- on the police front, all the EA did was remove the requirement to swear in RCMP for the purpose of enforcing provincial and municipal bylaws. Had no impact on RCMP ability to enforce criminal law or on capacity to bring in police from other jurisdictions.
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The sentencing judge found he committed “a politically motivated armed assault intended to intimidate Canada’s elected government” and that he did so “for the purpose of bringing attention to his political views.” Which is the precise definition of terrorist activity.
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Canada: his name should not be trending.
The names of the Afzaal should be trending as we remember and honour their lives.
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So honoured and deeply humbled to be representing Canada as part of the inaugural class of McCain Fellows. I can’t wait to spend the next year learning with all of these incredible folks from across the Five Eyes.
#inthearena
#cdnnatsec
Today, we are pleased to announce our inaugural class of National Security & Counterterrorism fellows for the 2019-2020 academic year! Meet the class and learn about the program below
#InTheArena
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Yesterday, I ran an ultra marathon
#hard
🤪 but the
@EvHarricana
did an incredible job making sure racers & volunteers were safe & well cared for. It was an awesome demonstration of the determination to overcome any obstacle that epitomizes the trail running community. Bravo.
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(d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada,
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With comment from me..
But I have more to say that I’m sure is going to lead certain people to pull out their tired allegation that I’m on the CSIS payroll… but here it goes.
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Section 430(4.11)- Mischief relating to war memorials:
Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war,
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To be clear, the message carefully chosen here is that the VAdm is publicly supporting Vance.
I fully accept responsibility & accountability for not understanding how such a public display of support could send the wrong signal regarding my commitment to lead in resolving our systemic cultural & misconduct issues.
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Second, there are also two federal orders in council issued under the crown prerogative (think executive common law power) that the feds could rely on (but I don't see it happening).
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(b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada
AND in either case cannot be effectively dealt with under any other law of Canada (which we just established is not the case.)
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