Leah West Profile picture
SJD; Associate Prof @cu_npsia; Counsel @friedmanmansour. Fmr DOJ Nat Sec Lawyer & Tanker. Co-Auth Nat Sec Law, 2ed. Write about the law of spies & robots.
Dec 20, 2023 6 tweets 2 min read
NSIRA Review of GAC GSRP program out and it is a doozy. I'm not someone who believes GSRP requires domestic legislation; its authorities and constraints are sufficient under existing Canadian and International law for what the GSRP is designed to do.

nsira-ossnr.gc.ca/wp-content/upl… The problem highlighted by the Review is that GSRP officers haven't been provided with solid legal or policy guidance on how to comply with the existing privileges and immunities they rely on. Consequently, there actions have, in a few cases been arguably outside those bounds.
Mar 19, 2023 11 tweets 3 min read
Since no one seemed to notice this when it came out, just gonna repost it now: canada.ca/en/security-in…. From the introduction:

“CSIS continues to observe steady, and in some cases increasing, foreign interference by state actors against Canada... One of the key sectors targeted by this activity is Canada’s democratic institutions and processes.
Mar 17, 2023 5 tweets 1 min read
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.

coadecisions.ontariocourts.ca/coa/coa/en/ite… 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.
Feb 14, 2022 4 tweets 1 min read
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?

policyoptions.irpp.org/magazines/febr… 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.
Feb 14, 2022 12 tweets 2 min read
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… 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
Feb 12, 2022 4 tweets 1 min read
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, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction.
Feb 3, 2022 14 tweets 3 min read
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. 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.
Jun 17, 2021 13 tweets 3 min read
Come along with me on a history lesson about NSICOP.. In 2016/7 in the lead up to the passage of the NSICOP Act there were concerns and questions about the maturity of Parliamentarians & their capacity to be entrusted with classified information and not leverage security intelligence for political purposes.