Proceed with caution: A reply to The perilous prerogative

Abstract

This article provides a reply to Leah West's article The Perilous Prerogative. In this reply, I argue against West's contention that the Canadian military no longer has prerogative authority to conduct foreign signals intelligence. I demonstrate that the Communication Security Establishment Act has not entirely displaced the prerogative for foreign signals intelligence in a military context. Next, I examine West's argument that the Canadian military requires a statutory framework to conduct human intelligence. I conclude that West makes a compelling case, but that Parliament should proceed with caution before granting the military an authority to collect intelligence on Canadian foreign fighters.