Annual Report 2002-2003 - An Operational Review of CSIS Activities

Section 2: CSIS Accountability Mechanisms

A. Policy and Governance Framework

2002-2003 NATIONAL REQUIREMENTS FOR SECURITY INTELLIGENCE

National Requirements contain general direction from government as to where CSIS should focus its investigative efforts, as well as guidance on the Service's collection, analysis and advisory responsibilities. Because the 2001-2002 National Requirements were issued before the events of September 11, 2001, this year's requirements document is the first to address directly the post-September 11 environment.

Overall, the 2002-2003 requirements reflect the impact that new pressures and heightened public awareness have had on intelligence priorities. Although the 2002-2003 requirements are generally consistent with the direction given in previous years, several items drew the Committee's attention:

• CSIS was directed to co-operate with other departments of government so as to facilitate the prosecution or deportation of key members of terrorist organizations and to deny terrorist organizations a safe haven in Canada.
• Measures to counter the proliferation of weapons of mass destruction were identified as a more urgent priority since September 11, 2001.
• Considerable attention is given in the 2002-2003 National Requirements to the Service's role in security screening, especially in relation to preventing persons of security concern from entering the country.
• The Service was directed to upgrade, expand or replace technical equipment and information systems, as required, to ensure national security.

MINISTERIAL DIRECTION

Under section 6( 2) of the CSIS Act, the Minister can issue directions governing CSIS's activities and investigations. No new directions were issued in the year under review.

GOVERNOR IN COUNCIL REGULATIONS AND APPOINTMENTS

As set out in section 8( 4) of the CSIS Act, the Governor in Council may issue any regulations to the Service in regard to the powers and duties of the Director of CSIS, as well as the conduct and discipline of Service employees. No such regulations were issued during 2002-2003.

SECTION 28 REGULATIONS

Under section 28 of the CSIS Act, the Governor in Council may issue regulations governing how CSIS applies to the Federal Court for warrants. In 2002-2003, no such regulations were issued.

CHANGES IN CSIS OPERATIONAL POLICY

Together with the CSIS Act and ministerial direction, CSIS operational policy provides parameters and guidelines for the Service's activities and investigations. The Committee examined 8 new operational policies issued by the Service in 2002-2003 and 44 amendments to existing CSIS policies.

Although there were twice as many new policies this year than last, the most recent additions related essentially to two key areas of Service operations: co-operating with domestic government departments and agencies, and reporting operational information. One new policy provided direction on the Service's disclosure of national security-related information to Canada Customs and Revenue Agency for enforcement purposes. A second policy set out procedures for Service support to CIC in the screening of refugee claimants and foreign nationals.

Six other new policies set out the parameters and procedures for reporting, recording and tracking operational information collected by the Service for use by its employees in conducting investigations.

With respect to the 44 amended policies, almost half were the result of the Counter Intelligence and Counter Terrorism branches being reorganized to create a third branch, Counter Proliferation (see CP banch description page 35). Three revisions were made to reflect changes in Government Security Policy and two others related to the handling of human sources.

Thirteen updates were made to certain procedures and powers in the conduct of investigations and the balance reflected changes necessary to bring policies into conformity with the March 2001 compendium of ministerial direction.

Because of national security concerns, the Committee is unable to elaborate further on these additions to Service policy. We have examined them in detail, however, and we are satisfied that both the new and revised policies conform to the CSIS Act and ministerial direction.