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National Security and Defence


When opportunity meets complexity, we clear the path. We help Canadian and international clients understand and navigate national security considerations, complex regulatory requirements, and government decision-making processes to advance critical projects, key procurements, and strategic investments.
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Overview

A Fully-Integrated National Security & Defence Team

National security considerations increasingly shape how organizations invest, transact, innovate, compete for government work and deliver major projects. Our national team provides integrated legal advice informed by applicable law and regulation, government policy, and the geopolitical environment in which these decisions are made.

We help Canadian and international clients identify issues early, navigate complex government processes, and move opportunities forward, from market entry and investment through project delivery and beyond.

Our multi-jurisdictional team comprises lawyers and policy professionals from across all relevant practices including:

  • National Security & Defence
  • Procurement & Government Contacts
  • Government Relations & Strategy
  • Political Law
  • Intellectual Property
  • International Trade & Investment Law
  • Indigenous Legal Matters
  • Corporate/Commercial
  • Corporate Social Responsibility
  • Privacy & Cybersecurity Law
  • Emerging Technologies
  • White Collar Defence and Investigations

What You Can Expect

We operate in a single team approach, to provide integrated legal and strategic advice at the intersection of law, regulation, policy, and government decision-making. Clients work with a coordinated team that understands how national security affects their business – from start-ups to leading multi-nationals. We focus on clear risk assessment, effective government engagement, practical compliance, and business-oriented solutions.

We regularly advise organizations navigating the most significant and evolving shift in Canadian defence since World War II, driven by the Defence Industrial Strategy “Build–Partner–Buy” approach, the Buy Canadian Framework Policy, Industrial and Technological Benefits (ITB), and the newly-formed Defence Investment Agency.

Who We Serve

We advise clients operating in or investing in sectors where national security and public-interest considerations are central to business success, including:

  • Defence, aerospace, space, and dual-use technologies
  • Technology, intellectual property, cyber, artificial intelligence, and sensitive data-driven businesses
  • Infrastructure, government, public sector, and strategic procurement
  • Nuclear, uranium, critical materials, low-carbon hydrogen, and energy transition projects
  • Life sciences, biotechnology, nuclear medicine, vaccines, antibodies, and health-security organizations
  • Corporate, private equity, venture capital, capital markets, and cross-border transaction participants
  • Indigenous businesses, joint ventures, and clients navigating Indigenous benefits requirements in defence and infrastructure procurement

Types of Matters We Handle

  • Defence procurement, government contracts, security clearances, contract security compliance, controlled goods, industrial security, trade obligations, bid strategy, and public-sector procurement support
  • Foreign and foreign-owned defence contractors seeking to establish, invest, or expand in Canada
  • National security and foreign investment review, including Investment Canada Act risk assessment for M&A, financings, acquisitions, and strategic investments
  • Intellectual property protection, licensing, and technology-transfer strategy for defence and dual-use innovation, including data governance and artificial intelligence
  • Industrial and Technological Benefits (ITB) obligations, offset strategy, and technology-transfer planning under Buy Canadian procurement rules
  • Indigenous benefits plan development and compliance for defence and infrastructure bidders, working alongside our Indigenous Law Group
  • Export controls, economic sanctions, cross-border trade, supply-chain compliance, and sensitive technology commercialization
  • Environmental compliance, permitting, project development, and financing for strategic infrastructure, nuclear plant and SMR development, isotope services, uranium financing, biomethanol, and low-carbon hydrogen projects
  • Corporate and commercial agreements shaped by national-security, regulated-sector, foreign-investment, or public-procurement requirements
  • Government relations, policy engagement, proposal development, and strategic positioning for federal, provincial, municipal, and international opportunities
  • Internal investigations, white collar defence, privacy, cybersecurity, data protection, and operational risk management

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 and Defence Group, Ottawa, ON | Toronto, ON, +1 613 696 6881, [email protected]
  • Andrew D. House, Partner | Co-Leader, National Security and Defence Group, Ottawa, ON | Toronto, ON, +1 613 696 6885, [email protected]
Marcia Mills Ottawa Lawyer Marcia Mills Partner | Co-Leader, National Security and Defence Group Ottawa, ON Toronto, ON +1 613 696 6881
+1 416 943 8928
Andrew House Ottawa Lawyer Andrew D. House Partner | Co-Leader, National Security and Defence Group Ottawa, ON Toronto, ON +1 613 696 6885

Experience

  • General Fusion to go public on Nasdaq via US$1 billion SPAC deal, [Deal - General Fusion Inc.], General Fusion to become first publicly traded pure-play fusion company through business combination with Spring Valley Acquisition Corp. III.
  • The National Wealth Fund announces the acquisition of a 28.50% equity interest in TSXV/AIM listed Cornish Metals Inc., [Deal - National Wealth Fund], In March 2025, the National Wealth Fund, the sovereign wealth fund of the United Kingdom, completed the acquisition of 28.50% of the common shares of Cornish Metals Inc., a dual listed TSXV and AIM mineral exploration and development company owning the South Crofty underground tin mine located in...
  • 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], Fasken’s clients are the plaintiffs in claim for conspiracy and breach of fiduciary duty brought against a number of defendants with respect to a real estate development in Alberta.  Parties in another action brought an application to have their trial heard at the same time on the basis that simi...

Knowledge

  • Canada’s New Retaliatory Tariffs on US Goods: What Canadian Businesses Need to Know, 8/27/2026
  • Canada's Foreign Influence Registry: Key Compliance Questions, 8/14/2026
  • Procurement Alert: Canada's Defence Drone Initiative Launches Its First Prequalification Round for Suppliers, 8/13/2026
  • Open for Business: Ontario’s New Defence Sector Opportunities, 6/29/2026
  • Canada Introduces New Bill to Strengthen Importation Ban, 6/19/2026
  • USTR Finds Canada’s Forced Labour Enforcement Insufficient: Key Considerations for Canadian Businesses, 6/9/2026
  • Bill C‑8 Passes House of Commons Following Substantive Amendments and Speaker’s Ruling, 4/14/2026
  • US Initiates Investigations of Canada and Other Trade Partners Over Failure to Prohibit Forced Labour Imports, 4/1/2026
  • Dollars To Defence: Federal Funding For Dual-Use And Defence Technologies, 3/31/2026
  • If You Build It, They Will Come -Canada’s Defence Industrial Strategy and the Build-Partner-Buy Approach, 2/25/2026

Events

  • Canada's Defence Investment Renaissance: Where Global Capital Meets Allied Security, 9/10/2026
  • Fasken Global Mining Group Seminar Series, 2/23/2026
  • DSEI 2025: Churchill War Rooms Dinner, 9/8/2025
  • Critical Minerals: Is the West Winning the Battle and Losing the War?, 3/7/2023
  • The Russian Invasion of Ukraine – how has it affected international mineral markets; National Security implications for Canada, 3/6/2023
  • Mining At War: Managing the Complexity of a Sanctions-driven Business Climate, 6/14/2022
  • What You Don’t Know Can Hurt You: Russia, Sanctions, and the Unknown Unknown, 4/13/2022
  • Resource Nationalism is on the Rise Again - It’s Time for a Quick Refresher!, 6/29/2021
  • Ransomware: To Pay or Not to Pay?, 6/23/2021
  • Fasken Ottawa Symposium (10th Edition), 6/10/2021

News

  • Marcia Mills comments on the Canadian government’s strategy to secure domestic IP in defence procurement in The Hill Times, 4/15/2026
  • Marcia Mills highlights growing opportunities linked to Canada’s defence commitments in the Ottawa Business Journal, 3/30/2026
  • Virginia Schweitzer comments on leading M&A trends in the National Capital Region in the Ottawa Business Journal, 3/2/2026
  • Marcia Mills discusses the challenges faced by SMEs bidding on federal defence contracts in the Ottawa Business Journal, 11/19/2025
  • Marcia Mills comments on reciprocity and local purchasing requirements in Canada’s new procurement policy in the Ottawa Citizen, 9/30/2025
  • Marcia Mills discusses the federal government’s plan to consolidate procurement rules in The Hill Times, 9/17/2025
  • Marcia Mills comments on the expansion of the National Security Exception mechanism in Canada’s procurement processes in The Hill Times, 8/23/2025
  • Marcia Mills comments on Canada’s new policy aiming to regulate foreign access to federal contracts in The Hill Times, 7/17/2025
  • Marcia Mills comments on Canada’s new procurement policy in the Ottawa Citizen, 7/16/2025
  • Andrew House comments on mining companies considering departure from Canada in the Financial Post, 3/6/2025

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