A Friend in High Places : A Proposal to Add a National Security Amicus to Canada's Investment Review Regime

Investors facing a national security review under the Investment Canada Act receive little in the way of information during the process. The absence of information exposes the process to criticism from investors, vendors and the public.For investments that require a full national security review, the Canadian government should introduce a national security amicus to allow investors the opportunity to test the government’s evidence and conclusions on national security matters.This would enhance trust and transparency in the process, and position Canada well to attract inbound investment, while ensuring that sensitive information remains in the custody of pre-approved, trusted individuals.Having additional oversight built into the process would force investors and the government to move forward more quickly than under the current state of affairs, which sees the process extended repeatedly beyond the statutory timeline