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Law, Privacy and Surveillance in Canada in the Post-Snowden Era

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Michel Geist

Contributors

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1Lisa Austin is Associate Professor in the Faculty of Law at the University of Toronto. She holds both a law degree and a doctoral degree in philosophy from the University of Toronto. Prior to joining the faculty, she served as law clerk to Mr. Justice Frank Iacobucci of the Supreme Court of Canada. Professor Austin's research and teaching interests include privacy law, property law, and legal theory. She is the co-editor (with Dennis Klimchuk) of Private Law and the Rule of Law (Oxford, 2014). Her work has appeared in a number of leading journals, including Legal Theory and Law and Philosophy, and has been cited by the Ontario Court of Appeal and the Supreme Court of Canada. Professor Austin has worked as a consultant for the Canadian Judicial Council, helping to draft their Model Policy for Access to Court Records in Canada.

2Andrew Clement is Professor in the Faculty of Information at the University of Toronto, where he coordinates the Information Policy Research Program and co-founded the Identity Privacy and Security Institute (IPSI). Among his recent privacy/surveillance research projects are: the Snowden Surveillance Archive, a complete, indexed, searchable collection of all published documents that whistle-blower Edward Snowden released to journalists; IXmaps.ca, an Internet mapping tool that helps to make more visible the secret NSA Internet interception sites and the routing of personal data through them; and SurveillanceRights.ca, which documents (non) compliance of video surveillance installations with privacy regulations and helps citizens understand their related privacy rights.

3Craig Forcese is Associate Professor in the Faculty of Law (Common Law Section) at the University of Ottawa. He teaches public international law, national security law, administrative law, and public law/legislation. Much of his present research and writing relates to national security and democratic accountability. He is the author of National Security Law: Canadian Practice in International Perspective (Irwin Law, 2008) and co-editor of Human Rights and Anti-terrorism (Irwin Law, 2008). He is also co-author of International Law: Doctrine, Theory and Practice (Irwin Law, 2nd ed. 2014) and Laws of Government: The Legal Foundations of Canadian Democracy (Irwin Law, 2nd ed. 2011) and co-editor of Public Law: Cases, Commentary and Materials (Emond Montgomery, 3rd ed. 2015).

4Michael Geist is Professor of Law at the University of Ottawa, where he holds the Canada Research Chair in Internet and E-commerce Law. He has obtained a Bachelor of Laws (LL.B.) degree from Osgoode Hall Law School in Toronto, Master of Laws (LL.M.) degrees from Cambridge University in the UK and Columbia Law School in New York, and a Doctorate in Law (J.S.D.) from Columbia Law School. Dr. Geist is a syndicated columnist on technology law issues, with his regular column appearing in the Toronto Star and the Hill Times. Dr. Geist serves on many boards, including the CANARIE Board of Directors, the Canadian Legal Information Institute Board of Directors, the Canadian Internet Registration Authority Board of Directors, and the Electronic Frontier Foundation Advisory Board. He has received numerous awards for his work, including the Kroeger Award for Policy Leadership and the Public Knowledge IP3 Award in 2010, the Les Fowlie Award for Intellectual Freedom from the Ontario Library Association in 2009, the Electronic Frontier Foundation’s Pioneer Award in 2008, CANARIE’s IWAY Public Leadership Award for his contribution to the development of the Internet in Canada, and he was named one of Canada’s Top 40 Under 40 in 2003.

5Steve Hewitt is Senior Lecturer in the Department of History at the University of Birmingham in the United Kingdom. He has written extensively on topics related to security and intelligence in a Canadian, British, and American context. Past books include Spying 101: The RCMP's Secret Activities at Canadian Universities, 1917–1997 (University of Toronto, 2002), The British War on Terror: Terrorism and Counterterrorism on the Home Front since 9-11 (Bloomsbury, 2008), and Snitch: A History of the Modern Intelligence Informer (Bloomsbury, 2010). Currently, he is working on a history of terrorism and counterterrorism in Canada.

6Tamir Israel is staff lawyer with the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) at the University of Ottawa’s Centre for Law, Technology & Society, where he leads CIPPIC’s privacy, net neutrality, electronic surveillance, and telecommunications regulation activities. He has participated in a range of technology-law policy making activities. This has included provision of expert testimony before parliamentary committees on various digital issues; participation in regulatory proceedings at the Canadian Radio-television and Telecommunications Commission and the Office of the Privacy Commissioner of Canada; interventions in various appellate courts, including the Supreme Court of Canada; active participation in a range of Internet governance processes, including at the Organization of Economic Co-operation and Development; and assisting in the development of the International Principles on the Application of Human Rights to Communications Surveillance. Tamir is also a member of the Advisory Board of Privacy International and lectures on Internet regulation at the University of Ottawa, Faculty of Graduate & Post-doctoral Studies. He has a B. A. from the University of British Columbia and a J. D. from the University of Toronto.

7Jonathan A. Obar is Assistant Professor in the Faculty of Social Science and Humanities at the University of Ontario Institute of Technology. He also serves as a Research Associate at the Quello Center for Telecommunication Management and Law at Michigan State University. He received his PhD from Pennsylvania State University. Dr. Obar has published research in a variety of academic journals about the relationship between digital media technologies, ICT policy, and the protection of civil liberties.

8Christopher Parsons received his Bachelor’s and Master’s degrees from the University of Guelph, and his PhD from the University of Victoria. He is currently the Managing Director of the Telecom Transparency Project and a Postdoctoral Fellow at the Citizen Lab, in the Munk School of Global Affairs with the University of Toronto. His research focuses on the rationales, processes, practices, and politics of third-party access to telecommunications data. In addition to publishing in academic journals and presses, he routinely presents findings to members of government and the media. He is also a Privacy by Design Ambassador and a Principal at Block G Privacy and Security Consulting.

9Kent Roach (FRSC) is Professor of Law at the University of Toronto and a 2013 Fellow of the Pierre Trudeau Foundation. He served on the research advisory committee of the Arar Commission, as director of research (legal studies) for the Air India Commission, and as the General Reporter on Counter-Terrorism Law for XIX International Congress on Comparative Law. His books include The Security of Freedom (University of Toronto, 2001), September 11: Consequences for Canada (McGill, 2003), Global Anti-Terrorism Law and Police (Cambridge, 2nd ed. 2012), The 9/11 Effect: Comparative Counter-Terrorism (Cambridge, 2011; co-winner of the 2012 Mundell Medal), and Comparative Counter-Terrorism (Cambridge, 2015). With Craig Forcese, he has produced extensive commentary on Bill C-51 at www.antiterrorlaw.ca. They are working on a book on the subject, to be published by Irwin Law.

10Reg Whitaker is Distinguished Research Professor Emeritus at York University, and Adjunct Professor of Political Science at the University of Victoria. He is the author of many books on Canadian politics, security and intelligence, and the surveillance state, including Cold War Canada: the Making of a National Insecurity State (University of Toronto, 1996; with Gary Marcuse); The End of Privacy: How Total Surveillance is Becoming a Reality (New Press, 2000); and most recently co-author of the prize-winning Secret Service: Political Policing in Canada from the Fenians to Fortress America (University of Toronto, 2012). He is a member of the Board of the British Columbia Civil Liberties Association.

© Les Presses de l’Université d’Ottawa | University of Ottawa Press, 2015

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