Reporting Requirements - Annual Report 2002-2003

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Section 2.B Reporting Requirements

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

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B. Reporting Requirements

CERTIFICATE OF THE INSPECTOR GENERAL FOR 2002

The Inspector General of CSIS reports to the Solicitor General and functions in effect as the Minister's internal auditor of CSIS, reviewing the operational activities of the Service and monitoring compliance with policy and the CSIS Act. Each year, the Inspector General (IG) must submit to the Minister a certificate stating the “extent to which [he or she] is satisfied” with the Director's Annual Report to the Solicitor General on the operational activities of the Service, and informing the Minister of any instances of CSIS failing to comply with the Act or ministerial direction, or which involved an unreasonable or unnecessary exercise of powers. As per section 33( 3) of the Act, the Minister forwards the certificate to SIRC for its consideration.

In reviewing the Inspector General's certificate, SIRC noted that the IG followed a methodology consistent with the previous year. His review consisted of the inspection of documentation supporting the Director's report to the Minister, an analysis of significant Service operations, and interviews with senior CSIS management at HQ and in the field. He based his conclusions on a validation process that included an inspection of CSIS internal documents and a review of the “facting” documentation, supplemented by the IG's annual program of review activities, which this year included inter alia a review of samples of warrants and targets and a detailed examination of certain CSIS investigations.

In this year's certificate, the Inspector General stated that over the 18 years since CSIS was created the “Service has demonstrated a steadily improving organizational maturity and professionalism as a security intelligence service.” With respect to the Director's Annual Report for 2001-2002, he declared himself to be “fully satisfied.” It was his opinion that the Service had not acted beyond the framework of its statutory authority, contravened any ministerial direction or exercised its power unreasonably or unnecessarily.

The Inspector General also commented on CSIS's response to the events of September 11, 2001 and Sunni Islamic extremism. He felt that the Service had positioned itself well to respond to the Sunni Islamic threat and showed considerable flexibility and skill in reallocating resources to address the new, unprecedented threat environment. In his view, the response to the terrorist attacks was measured, properly situated within the Service's statutory framework and very effective. He attributed this in significant measure to the Service's excellent relationships with police forces in major urban centres across the country.

CSIS ANNUAL OPERATIONAL REPORT FOR 2001-2002

In accordance with section 33( 1) of the CSIS Act, the Director of CSIS is required to submit an annual report to the Solicitor General detailing the operational activities of the Service. Further, under section 33( 3) of the Act, the Minister must provide SIRC with a copy of the Director's report, which, pursuant to section 38, SIRC is then required to review.

The Director's report describes the investigations and operational activities of the Service and identifies significant achievements or challenges in its operations. This year represents the Committee's second opportunity to review the abbreviated reporting structure recommended by the Inspector General of CSIS and adopted by the Service in November 2000. Additional detail in support of the report to the Minister is made available in extensive supplementary documentation.

The report outlines the Service investigations conducted during the fiscal year 2001-2002, including individual reporting on each of the Service's branches. It also covers the first full year of operational activity under the new compendium of ministerial direction, effective March 1, 2001, and commented on by SIRC in its 2000-2001 Annual Report. The additional program and activity details provided in this year's report are an improvement over last year's document, and yearly comparisons of CSIS activities and descriptions of new programs will allow the Committee to select topics for future research and be aware of growing pressures on CSIS to meet its obligations.

The Director's 2001-2002 report speaks to specific challenges arising from international events and identifies the CSIS operational activities and programs that are beginning to gain from the new funds approved in the December 2001 federal budget. The Committee will continue to closely monitor both areas.

UNLAWFUL CONDUCT

Under section 20( 2) of the CSIS Act, the Director of CSIS is to submit a report to the Minister when, in his opinion, a CSIS employee may have acted unlawfully in performing his or her duties and functions. The Minister, in turn, must send the report with his comments to the Attorney General of Canada and to the Committee.

In 2002-2003, the Service sent no reports of illegal activity to the Minister. An instance of unlawful conduct originally reported in the Committee's 2000-2001 Annual Report is still being considered by the Attorney General of Canada.

SECTION 2(D) INVESTIGATIONS

According to ministerial direction, any investigation of threats to the security of Canada as defined in section 2( d) of the CSIS Act-often referred to as the “subversion” clause-must be authorized by the Minister. The Service reported that the Minister authorized no such investigations in 2002-2003.

DISCLOSURES OF INFORMATION IN THE PUBLIC OR NATIONAL INTEREST

Section 19 of the CSIS Act prohibits information obtained by the Service in the course of its investigations from being disclosed except in specific circumstances. Under Section 19( 2)( d) the Minister can authorize the Service to disclose information in the “public interest.” The Service reported no such disclosures in 2002-2003.

In addition, CSIS, acting as the Minister's agent, can disclose information in the “national interest” under specified circumstances. The Service reported that there were no such disclosures during the year under review.