Review of General Matters - Annual Report 1995-1996

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Review of General Matters

Annual Report 1995-1996 - An Operational Audit of CSIS Activities

Table of Contents

(a) Ministerial Direction

Under subsection 6(2) of the CSIS Act the Solicitor General may issue direction to the Service. The Committee reviews all new directions issued, examines how well they work, and audits how well they are being followed. In 1995-96 we received three new Ministerial Directions.

“Security Screening and Assessments” is a consolidation of the general principles contained in the six previous directions on the subject, and was issued due to “changing circumstances” and the “significant operational resources dedicated by the Service to security screening.”

The “National Requirements for 1994-95” contains general direction from Cabinet as to how CSIS should focus its investigative efforts. In particular, CSIS is directed to pass to the RCMP all relevant intelligence received from foreign intelligence and security services dealing with international organized crime. CSIS is also cautioned to ensure that section 16 activities are not undertaken to the detriment of the Service's primary mandate under section 12 of the CSIS Act. The “National Requirements for 1994-95” was issued to the Service in September 1995, six months after the end of the fiscal year. To avoid such gaps in the future, each issue of “National Requirements” will be valid for two years, though the document will still be updated annually as a general rule.

The “Management of Human Sources” tightens up certain aspects of human source direction. A new senior manager, the Assistant Director - Intelligence is to oversee operational support and will report to the Director. Other changes concern questionable source behaviour and “agent provocateur” activities.

In the Heritage Front Affair study, the Committee noted that “the level of policy guidance available to CSIS” in the human source area “is ... seriously deficient,” and that “Direction and Policy in this area should be re-examined.” We believe that the new direction on human source management is a step in the right direction but that some further clarification is still required.

(b) Changes in Instruction

The CSIS Operational Policy Manual contains policies which are based, in part, on the Service's interpretation of Ministerial Direction. The Operational Policy Manual provides general guidance, principles, and a framework to enable CSIS officers to make decisions. In 1995-96 the Service produced six new policy instructions.

One outlines general principles, roles and responsibilities for the acquisition of warrants under part II of the CSIS Act. One covers cooperation with Canadian government institutions in the form of exchanges of information, joint operations, operational assistance and technical assistance. Another provides direction for section 16 operations, and includes approval procedures and the delineation of responsibilities. Two of them allocate duties and responsibilities with respect to Service transportation, and one covers CSIS involvement in “Special Events.” The latter formalizes existing procedures followed by the Service in preparing for VIP visits and similar special events.

CSIS also produced four amendments to sections of the CSIS Operational Policy Manual. Three amendments concern the authorized disclosure of information, and focus on the protection of intelligence in light of Access to Information legislation. The other amendment deals with changes in human source use, and reflects in large part the new Ministerial Direction on source management.

All policies written by members of the RCMP Security Service (and predating 1984) have now been removed from, or revised in, the current CSIS Operational Policy Manual.

(c) Disclosures in the Public Interest

Under section 19(2)(d) of the CSIS Act, the Solicitor General can direct the Service to disclose information to government officials or Ministers when the public interest outweighs any invasion of privacy that might result. We are to be notified of such disclosures. We received no such notifications in 1995-96.

Section 19 of the CSIS Act prohibits the Service from disclosing operational information, except in certain circumstances. It does not address disclosure by the Solicitor General. The Service may make disclosures outside of the Government of Canada when warranted by “the national interest.” The Service does so on the authority of the Solicitor General, and acting as his agent. There were no “special disclosures” made in 1995-96.

(d) Regulations

Under section 8(4) of the CSIS Act, the Governor in Council may make regulations concerning appointments and other personnel matters. No such regulations were issued in 1995-96.

(e) Report of the Director and Certificate of the Inspector General

Under section 33 of the CSIS Act, CSIS must provide the Minister with an annual report on the Service's “operational activities.” The Inspector General is to review the Annual Report, and to provide a Certificate indicating whether any operational activities in the period reviewed by the Annual Report contravened the Act or Ministerial Direction, or involved an “unreasonable or unnecessary exercise by the Service of any of its powers.” We are to review both the Annual Report and the Certificate.

In general, we receive both too late for inclusion in our current Annual Report. This results in our commenting on them in the following year's report.

According to the 1994-95 CSIS Annual Report, public safety remains the Service's principal concern. The Director indicates that, in the fight against terrorism, CSIS has achieved success against persons who support terrorist causes or perpetrate terrorist acts by helping the government deny them sanctuary and the use of Canada as a base of operations. In the area of economic security, CSIS believes that investigations have reaffirmed that foreign interests are using clandestine, deceptive, coercive or illegal methods to acquire information and technology of economic value. Also, counter-intelligence investigations have revealed a link between a number of foreign intelligence services and international organized crime.

The 1994-95 CSIS Annual Report provides a useful overview of all investigations. The Report contains much relevant statistical information; however, the way some of the numbers are aggregated occasionally undermines their value. In addition, the Report does not contain any significant discussion of the problems and challenges facing CSIS.

The Certificate of the Inspector General was not issued when we finalized our current annual report. We were informed by the Inspector General that, as a basis for the upcoming certificate, he has examined aspects of CSIS targeting practices under section 12 of the Act, the conduct of joint operations with various allied agencies, the accuracy of affidavits prepared by the Service in support of selected warrant applications, as well as other issues related to CSIS' observance of Ministerial directions and its own operational policy.

(f) Reports of the Inspector General

Under section 40 of the CSIS Act, SIRC can ask the Inspector General to formally conduct a study. Last year, we made no formal requests for assistance, but staff did meet frequently to discuss work and to coordinate research.

In 1995-96, the Inspector General himself issued one report. The report, “CSIS Handling of Confidential Sources”, was discussed in last year's annual report. The Inspector General may, from time to time, issue special studies, but the Certificate is his primary reporting vehicle.

(g) Unlawful Conduct

Under section 20(2) of the CSIS Act, the Director is to submit a report to the Minister on any employee who has “acted unlawfully in the purported performance of the duties and functions of the Service.” The Minister is to forward the report, with comments, to the Attorney General of Canada for possible prosecution. Under section 20(4) of the CSIS Act, we are provided with a copy of “anything given to the Attorney General of Canada.”

In fiscal 1995-96, as in 1994-95, we received no notifications concerning illegal activities. As part of our database, we retain a record of all the section 20 cases received by SIRC, and the disposition of those cases. As of 31 March 1996, we had received copies of a total of 13 referrals to the Attorney General. No action has been undertaken by the Attorney General against CSIS employees pursuant to those referrals. In two cases, the Service dismissed employees. As of 31 March 1996, there were no cases pending before the Attorney General of Canada.

(h) SIRC Consultations and Inquiries

(i) Formal Inquiries

In our review function, not counting inquiries arising out of complaints, we directed 148 formal inquiries to the Service in the 1995-96 fiscal year (1 April 1995 to 31 March 1996). The average time CSIS took to answer a formal inquiry was 53 days, a significant increase from last year's average of 40 days.

We were told that the increase was caused by temporary problems within the Service. The Committee does not believe that the numbers are indicative of a trend.

(ii) Briefings

We continued with our regular meetings with the Director of CSIS during fiscal year 1995-96. These meetings are over and above the constant contact that our staff maintains with the Service.

We regularly visit the regional offices of the Service so as to keep current with their particular operations and problems. This year we met with Officials from CSIS Regional Headquarters in Toronto, Vancouver, Montréal, and Halifax.

We also met with the Solicitor General of Canada, the Honourable Herb Gray, P.C., M.P., and the Commissioner of the RCMP, Mr. J.P.R. Murray.

(iii) Beyond CSIS

Visiting dignitaries from other countries often ask to meet Members of the Review Committee. In 1995-96 we met with the British Intelligence and Security (Oversight) Committee; and, the Joint Standing Committee on Intelligence of the Parliament of South Africa.

(i) Special Reports

Under section 54 of the CSIS Act, we can make special reports to the Solicitor General on any matter relating to the performance and functions of the Service. In 1995-96, we submitted the following study to the Minister under section 54 of the CSIS Act:

An Ongoing Counter-Intelligence Investigation, May 1995 (TOP SECRET) (CI 93-07)

A list of all SIRC studies can be found in Appendix B of this report.