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Annual Report 1997-1998 - An Operational Audit of CSIS Activities
Notes
1. According to a Ministerial Direction issued in November 1988, the Minister has to personally authorize all investigations carried out under paragraph 2(d) of the Act.
2. Hamas (Islamic Resistance Movement) is defined by the US Department of State as an organization that uses “both political and violent means
” to achieve its goal of an Islamic Palestinian state.
3. In 1996-97, CSIS conducted 1,484 interviews. In 1997-98, approximately 1,380 interviews will have been completed. It should be noted that a prospective immigrant can be subject to more than one interview.
4. Report of the Auditor General of Canada, December 1997. The Auditor General noted that in most cases, Immigration officers render their decisions well before receiving the results of the RCMP checks for duplicate claims and criminal records in Canada. The CIC responded that in all cases where there is information that a claimant does not meet the eligibility criteria, the person is found ineligible, and the claim is not referred to the Immigration and Refugee Board. Once fingerprint results are received, the legislation allows the eligibility decision to be reconsidered where necessary.
5. The Committee is fully cognizant of the sensitivity involved in consulting with a refugee claimant's country of origin since, by definition, a refugee is at odds with his or her country of origin.
6. An Operational Audit of CSIS Activities, SIRC Annual Report 1996-1997, Ministry of Supply and Services Canada, 1997, pp. 12-13.
7. Report of the Auditor General of Canada to the House of Commons, Chapter 27, “The Canadian Intelligence Community — Control and Accountability
”, November 1996, p. 23-19.
8. Section 38(a)(iii) of the CSIS Act states that the Committee has a duty, “to review the arrangements entered into by the Service pursuant to subsection 13(2) and (3), and 17(1) and to monitor the provision of information and intelligence pursuant to those arrangements.
”
9. A SIRC Review of CSIS' SLO Posts (London & Paris), 12 January 1993.
10. SIRC 1993-94 Annual Report, p. 26.
11. A sensitive social institution can be defined as academic, political, religious, media or trade union.
12. CSIS 36-97, Federal Court of Canada, 3 October 1997, McGillis J.
13. The “resort to
” clause permits the Service to use the powers granted in a warrant against a target at a place not named in the warrant, which it believes the target has resorted to or will resort. The legality of this clause has been confirmed by the Supreme Court of Canada in Thompson et al. v. The Queen, [1990] 2 S.C.R. 1111.
14. The “basket clause
” permits the interception of communications of persons not named in the warrant, at places specified in the warrant. The legality of the clause was confirmed by the Supreme Court of Canada in R v. Chesson, [1988] 2 S.C.R. 148.
15. [1984] 2 S.C.R. 145.
16. “Conditions
” are the limits that the Federal Court places on the Service's warrant powers, such as limits on certain types of searches and interceptions, and on the retention or destruction of information.
17. The Committee will examine the CSIS - RCMP relationship in the transnational crime area.
18. In January 1998 CSIS and DND reached agreement and the transfer of the responsibility became effective in July 1998.
19. In fiscal 1997-98, through our immigration screening research, we conducted an in-depth review of CSIS' role in this area. [see page 9]
20. CSIS investigators assume the primary responsibility for security concerns, listing the names directly with foreign countries, and the application of the security profiles.
21. Enforcement actions: arrest, detention, removal under the Immigration Act.
22. The Point of Entry Alert Program is also referred to as the Joint Interview Program or the Interdiction Program.
23. EII is one of many data banks within the Field Operational Support System (FOSS) used by Immigration officers for information, identification, and processing purposes. EII holds information on all persons who have entered any part of the Immigration stream (either for admission purposes or for removal), and identifies the types of documents issued to the applicants and any action taken by CIC.
24. Paragraph 103.1 (1) (b) of the Immigration Act.
25. Requests from CIC must be processed as quickly as possible, given that the subject of the detention will otherwise be released by CIC, within 48 hours in most circumstances.
26. Pursuant to section 40.1 of the Immigration Act.
27. Formerly known as the Citizenship Flag System. Under the old system, CSIS provided CIC with a monthly hard copy list of persons identified as permanent residents who could apply for citizenship and who were of concern. The applicants had to be screened by CIC officials against the list, and when a “hit
” occurred, CSIS would be asked to provide a security assessment of the individual.
28. When the Service believes that it is not in a position to render a recommendation to CIC concerning a citizenship application, it must seek approval from the Solicitor General to continue investigating the case and “defer
” providing the assessment.
29. The Communications Security Establishment is an agency of the Department of National Defence. As described by the Auditor General in his 1996 report to Parliament, The Canadian Intelligence Community, the CSE “analyses and reports on foreign radio, radar and other electronic emissions...and provides this foreign intelligence to Canadian Government clients.
”
30. Supreme Court of Canada, Order rendered on 30 April 1998.
31. Ernst Zündel v. The Minister of Citizenship and Immigration (F.C.A.) (Ont.) (26417), Judgment rendered at Ottawa, Ontario, 27 November 1998.
32. This position was also maintained by the Federal Court in upholding exempt banks for people subject to Service investigations.
33. The first step of our investigation consists in asking for access to all relevant information the Service might have with respect to the subject or the subject matter. The Committee's investigation stopped at this stage because the CSIS response was that it had no information.
34. Specifically, sections 8 and 41(2) of the CSIS Act.
35. When, at any stage after the filing of a complaint, and prior to the commencement of a hearing before a Human Rights Tribunal, the Commission receives written notice from a Minister of the Crown that the practice to which the complaint relates was based on considerations relating to the security of Canada, the Commission may refer the matter to the Review Committee. See section 45 (2) of the Canadian Human Rights Act. It should be noted that in cases such as these, the Review Committee's role is quite circumscribed, and its review must be completed within the 45-day period prescribed in the Human Rights Act.
36. CSIS provides three types of briefs to CIC:
- Inadmissible Brief - represents a threat: this brief is used when an applicant falls within one or more of the inadmissible classes in paragraphs 19 (1) (e), (f), (g) and (k) of the Immigration Act, and CSIS assessed the applicant as a threat to the security of Canada as defined in section 2 of the CSIS Act
- Inadmissible Brief - no threat/information: this brief is used when an applicant is deemed “
inadmissible
” pursuant to one or more of paragraphs 19 (1) (e), (f) (g) and (k) of the Immigration Act but does not, in the Service's view, pose a threat under section 2 of the CSIS Act. - Information Brief: addresses security concerns that do not meet the applicable rejection criteria as defined in section 19(1) of the Immigration Act, but which might assist CIC in processing an application.
37. This amendment broadened the category of individuals who can be denied immigrant status because of previous connections with terrorist activities.
38. This case was received by the Committee in 1996-97.
39. For example, section 19(1)(e) as it was then, section 19 (1)(g) as it was then, but with full recognition of the fact that a certain portion of that section was declared of no force and effect by Mr. Justice MacKay; and section 27(1)(c) as it was then, although it no longer exists.
40. Number of cases listed via the Security Liaison Officer tracking system. The number is an estimate.