OTTAWA – The federal government says it still needs guidance from the Supreme Court of Canada on overseas spying even though it has introduced legislation to clarify foreign intelligence-gathering powers.
In a new filing with the high court, the government says its recently tabled legislation doesn’t overtake the high-profile issue of whether the Canadian Security Intelligence Service needs a warrant to seek allied help in spying on Canadians abroad.
The government is urging the Supreme Court to hear the case, saying CSIS has been left “in the dark” about when a judge’s approval is needed to monitor suspected Canadian extremists in other countries.
Federal lawyers say lower courts made “significant errors” in dealing with the sensitive matter.
In a key 2013 ruling, Federal Court Justice Richard Mosley criticized CSIS over a request for warrants to track two Canadians with technical help from the Communications Security Establishment, Canada’s electronic spy agency.
Mosley said CSIS breached its duty of candour by failing to disclose that CSE’s foreign counterparts in the Five Eyes intelligence network — the United States, Britain, Australia and New Zealand — could be called upon to help.
Follow @JimBronskill on Twitter
Source:: Metro News
