The Judicial Response to Terrorism: Case and Courtroom Management

Overview

This seminar was intended for judges who hear terrorism cases. It explored the judicial response to the unique challenges of national security and criminal proceedings in the complex world of global terrorism threats in Canada. This program was developed to ensure judges have the necessary tools to address the unique challenges created by global and national security threats.

Objectives

The objective of this seminar was to provide participants with an improved understanding of the bifurcation of national security proceedings and criminal prosecutions, the purposes and gathering of intelligence information and evidence, and the structure of a trial in terrorism offence prosecutions. It also provided case law and legislative updates in this area.

Summary

Using interdisciplinary expertise, the program was led by senior judges and practitioners from the Crown and Defence Bar. The program was taught using a combination of presentations, case studies, writing exercises and interactive question and answer periods. Issues reviewed were: rapid technological developments in the era of “social media” terrorism; encryption technology and how technology is transforming intelligence gathering and evidence; privacy and the protection of Canadians; the challenges of “intelligence to evidence” and the bifurcation of proceedings; the structure of a terrorism offence trial; and international comparative global perspectives on terrorism.