ACCOUNTABILITY WITH A DASH OF CONTEXT AND A PINCH OF FIRE AND BRIMSTONE

Abstract

This article discusses accountability and national security law. It has three objectives. First, it describes the unusual challenges of understanding the “positive” law in the area of national security. Second, it notes that much of what amounts to “accountability” in this area actually takes place internally in government, and at a level difficult for outsiders to discern. Third, it examines two key arm’s length instruments of accountability – the Security Intelligence Review Committee (SIRC) and the Federal Court. The article highlights the challenges these two institutions confront in performing their functions.