cover image: The legal imperative to protect critical energy infrastructure

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The legal imperative to protect critical energy infrastructure

2 May 2008

The National Security Policy of Canada states that, “There can be no greater role, no more important obligation for a government, than the protection and safety of its citizens.”4 This was confirmed by the Supreme Court of Canada in the recent Charkaoui decision.5 The fulfillment by government of its commitment to national security cannot be achieved without the protection of Canada’s CEI. [...] The foundation of this responsibility on the part of government to protect CEI from the various threats it faces, rests with the commitment to “Peace, Order and good government” in the Constitution Act, 1867. [...] In addition, the guiding principles of the NCIPS also include encouraging broad participation of industry stakeholders and federal, provincial and territorial governments, and providing accountability to Canadians through legislation, regulation, policy, and due diligence for the safeguarding of national CI assets and ensuring the viability of national CI services. [...] The aim of the CBRNS is to “protect Canada and Canadians by taking all possible measures to prevent, mitigate and respond effectively to a potential CBRN incident.”10 Consistent with the CBRNS, following the events of 9/11, the Canadian Nuclear Safety Commission (CNSC) undertook an emergency review of nuclear security and an evaluation of existing Nuclear Security Regulations. [...] With respect to liability of Canadian governments for negligence under tort law, the following elements must be proven by a plaintiff suing the government: The defendant government owed a duty to the injured party (plaintiff); by failing to exercise a degree of care based on the standard of what a reasonable person would do in a like circumstance, the government breached its duty of care; the brea
security government politics regulation infrastructure emergency management terrorism civil law computer security ethics government policy justice law national security negligence defence society court north american electric reliability corporation cbrn defense energy industries lawsuit duty of care tort nerc energy facilities tort law

Authors

Shore, Jacques J. M

Pages
16
Published in
Canada

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