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National Security and Defence Law


Fasken’s multi-jurisdictional group of lawyers advises clients across industries on national security issues including Privacy and Cybersecurity, Foreign Investment, Procurement and Government Contracts, Export Controls, Controlled Goods and Economic Sanctions, White Collar Defence and Investigations, Cannabis Security Clearances, and Government Relations.
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Overview

Businesses — both domestic and international — are no longer safe in assuming their operations and plans for growth will not attract the attention of Canada’s security and law enforcement agencies. Today as never before, governments are moving to guarantee that private sector priorities align with the first duty of the state: ensuring the safety and security of Canadians.

Fasken’s National Security Group — composed of legal, policy, and government relations practitioners from across traditional practice groups — uniquely combines knowledge and experience in matters related to national security, defence, and critical infrastructure protection.

“National security” is not a defined term in Canadian law; it is what the Government says it is and for this reason, individuals and businesses are vulnerable to unpredictable and even arbitrary action by government — action that can reduce profit margins, disrupt productivity, and even end commercial viability.

 

 

In practical terms, National Security relates to any action or event that could materially impact the health, safety, security, or economic well-being of Canadians, or the effective functioning of Canada’s governments. Events surrounding COVID-19 have highlighted the degree to which Canada’s critical infrastructure can be compromised and the well-being of Canadians adversely impacted. This has resulted in a sharply increased focus on national security by the Government of Canada in the context of its legislative, regulatory, and policy activities.

 

At Fasken, we help our clients navigate a national security environment that is becoming more complex by the day. Working with clients in a team format, we provide fully-integrated legal, policy, and government relations solutions tailored to their unique needs and that serve the public interest. Clients benefit from multi-jurisdictional lawyers with deep knowledge and experience in key areas driven by national security concerns, including:

  • Foreign Investment
  • Procurement and Government Contracts
  • Privacy and Cybersecurity
  • Export Controls, Controlled Goods and Economic Sanctions
  • White Collar Defence and Investigations
  • Government Security Clearances

Our Firm’s National Security Group includes lawyers who have held senior positions throughout private industry and at all levels of government. Our team is necessarily diverse given that national security is a multifaceted issue impacting all sectors of the economy.

Browse our recent work or contact any of our lawyers to learn more.

Areas of Expertise

  • Export Controls, Controlled Goods, Sanctions, Anti-bribery and Corruption, Investments involving Canada’s defence capabilities and interests, sensitive technologies and know-how, controlled goods and technology, critical infrastructure, foreign intelligence and activities of illicit actors will attract closer inspection, which may lead to a national security review.
  • Foreign Investment, Foreign Direct Investment (FDI) is generally considered as beneficial to both Canada and to the foreign investors and the commercial enterprises that carry out those investments.
  • Government Relations, Fasken represents clients doing business in Canada and internationally through advice and advocacy at all levels of direct and intra-jurisdictional government relations: federal, provincial and municipal.
  • Privacy & Cybersecurity, Fasken is a recognized leader in privacy and cybersecurity law. Known for our expertise in cybersecurity risk management, planning and incident response, as well as regulatory and class-action litigation defence, we advise leading businesses, non-profits and governments in Canada and across the world.
  • Procurement and Government Contracts, Security requirements are not limited to contracts for national defence and public safety. Whether you are a domestic or foreign-based business, we can help you understand and navigate the national security requirements of government contracts.
  • White Collar Defence and Investigations, Our team is known for the depth of its practice, its expertise in high profile and delicate matters, and its experience in court.

Team

Primary Contacts
  • Marcia Mills, Partner | Co-Leader, National Security, Ottawa, ON | Toronto, ON, +1 613 696 6881, mmills@fasken.com
  • Andrew D. House, Partner | Co-Leader, National Security, Ottawa, ON | Toronto, ON, +1 613 696 6885, ahouse@fasken.com
  • Douglas C. New, Partner, Toronto, ON, +1 416 865 4414, dnew@fasken.com
  • Laura Little, Counsel, Ottawa, ON | Toronto, ON, +1 613 696 3155, llittle@fasken.com
  • Aniket Bhatt, Associate, Toronto, ON | Ottawa, ON, +1 416 868 7871, abhatt@fasken.com

Client Work

  • SK ecoplant invests in US$4.5 billion Canadian green hydrogen project, [Deal - SK ecoplant], Renewable energy unit of a global leader in sustainable infrastructure invests in World Energy GH2 Inc.’s Project Nujio’qonik.
  • Neo Lithium Corp. acquired by Zijin Mining Group Co., Ltd., [Deal - Neo Lithium Corp.], Significant total cash consideration arrangement agreement in the mining industry.
  • Thales Canada Inc. disputes refusal of proposal related to a federal procurement with the Canadian International Trade Tribunal, [Case - Thales Canada Inc.], Leading contractor and systems integrator for defence and security in Canada files complaint, challenging conduct of Public Services and Procurement Canada
  • Alion Science and Technology Corporation challenges decision in C$60 billion public procurement—the largest in Canadian history, [Case - Alion Science and Technology Corporation], Global military engineering and technology leader pursues legal challenge with respect to the largest procurement in Canadian history to date
  • Wheatland Industrial Park Joint Venture v. Soo, 2017 BCSC 2109, [Case - Wheatland Industrial Park Joint Venture]

Knowledge

Events

News

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