2. One Warrant to Rule Them All: Reconsidering the Judicialisation of Extraterritorial Intelligence Collection

Spies have always crossed borders. And in the close allied relationship between the so-called Five Eyes, intelligence has also crossed borders. These practices are occasionally controversial. Intelligence sharing was at the heart of the Maher Arar inquiry, examining the conduct by Canadian police in providing (incorrect) intelligence on Canadian Maher Arar that culminated in his maltreatment in Syria. Foreign electronic surveillance provoked sustained debate after the 2013 Snowden disclosures. More quietly, however, and sometimes clearly provoked by these public controversies, courts too have begun building legal pickets around these sorts of practices. In Canada, the result has been the ‘judicialisation’ of intelligence collection and sharing. This chapter examines recent developments in this area.