The relationship between intelligence and evidence and the challenges of terrorism prosecutions : Relation entre le renseignement et la preuve et particularités des poursuites antiterroristes

CSIS has a mandate to collect intelligence to inform the government about threats to the security of Canada.2 The RCMP has primary responsibility for preventing and investigating crimes that constitute a threat to the security of Canada.3 This volume evaluates how eff ectively the government uses the resources that are available to it to deal with the terrorist threat. [...] Three: The Relationship Between Intelligence and Evidence to manage the fl ow of information between government agencies in terrorism matters – most often, the fl ow of information between CSIS and the RCMP. [...] In other cases, if CSIS hesitates, or is unwilling, to pass information to the RCMP, the NSA should have the power to require CSIS to provide the information. [...] The common law recognizes a privilege that protects the confi dentiality of information if it is in the public interest to foster the type of relationship in which the confi dential information was disclosed. [...] CSIS does this through its discretion about whether to disclose information to the RCMP or to other government agencies.1 This leaves CSIS with the de facto ability to determine the how and the when of the government response to a threat.