Investigations of Complaints - Annual Report 2003-2004

Navigation Links

Skip to main content
Skip to primary navigation

Common menu bar

Breadcrumb

Home >
Annual Reports >
Annual Report 2003-2004 >
Section 1.B Investigations of Complaints

Annual Report 2003-2004 - An Operational Review of CSIS Activities

Table of Contents

B. Investigations of Complaints

In addition to our review function, SIRC is responsible for investigating complaints from the public about CSIS. Four kinds of complaints may be directed to the Committee for investigation:

complaints lodged by persons “with respect to any act or thing done by the Service” (section 41);
complaints received concerning denials of security clearances to government employees or contractors (section 42);
referrals from the Canadian Human Rights Commission of complaints made to it; and
Minister's reports in respect of the Citizenship Act.

Where appropriate, we investigate complaints through a quasi-judicial hearing presided over by a Member of the Committee.

Through our investigations of complaints, SIRC determines whether the Service's activities have been carried out in accordance with the CSIS Act, Ministerial Direction and CSIS policy.

Following a section 41 investigation, we are required, under the CSIS Act, to provide the Minister and the Director of CSIS with a report containing the findings of the investigation and any recommendations the Committee considers appropriate. The Act also directs SIRC to report to the complainant our findings and, if the Committee considers it appropriate, any recommendations made to the Minister and Director.

Following a section 42 investigation, SIRC provides the Minister, the Director of CSIS, the deputy head of the government agency concerned and the complainant with a report containing any recommendations the Committee considers appropriate, and those findings the Committee considers fit to report to the complainant.

Table 1 provides the status of all complaints directed to SIRC over the past three fiscal years, including complaints that were either misdirected to SIRC, deemed to be outside the Committee's jurisdiction or investigated and resolved without a hearing (administrative review).

Following the table is a summary of the one investigation report issued by the Committee during the past year under section 42 “denial of security clearance”. There were no reports last year on complaints made under section 41 (“any act or thing done by the Service”), or complaints referred from the Canadian Human Rights Commission or on Minister's reports.

Table 1 Resolution of Complaints*
Description	2001-2002	2002-2003	2003-2004
Carried over	41	17	17
New	45	48	30
Total	86	65	47
Closed	69	48	31
Carried forward to subsequent year	17	17	16

* Table 1 reflects all complaints received by SIRC. However, not all complaints received require further inquiry by the Committee nor does every complaint result in an investigation. Some are redirected to appropriate governmental bodies or are determined at the outset to be outside the Committee's jurisdiction, while others are investigated and resolved without a hearing.

Report of Decision

SECTION 42 DENIAL OF SECURITY CLEARANCE

The Committee reported a decision on one complaint for the period under review under section 42 of the CSIS Act respecting a denial of a security clearance. Our summary has been edited to protect the privacy of the complainant and to prevent disclosure of classified information.

The complainant applied for employment with an agency of the federal government, and the agency denied the applicant the required security clearance. The complainant contested the denial of the security clearance by filing a complaint with SIRC.

On the basis of a review of relevant documentation and after hearing the testimony of witnesses, we concluded that the decision of the federal agency in question to deny the security clearance was well-founded. The complainant was seeking a Top Secret security clearance. According to the Government Security Policy, a decision to grant a Top Secret security clearance must be based on adequate information, which requires a personal history check covering at least the previous ten years. The complainant had been in Canada for an insufficient period of time and the Service lacked adequate information to make a recommendation.

We determined that the agency demonstrated satisfactorily that the decision to deny the complainant a security clearance was based on reasonable grounds. We recommended that the decision of the responsible Deputy Head to deny the clearance be upheld.

Complaints About CSIS Activities Under Section 41

Under the provisions of section 41 of the CSIS Act, SIRC must investigate complaints made by “any person” with respect to “any act or thing done by the Service.” Before the Review Committee investigates, two conditions must be met:

The complainant must first have complained to the Director of CSIS and not received a response within a reasonable period of time (about 30 days), or the complainant must be dissatisfied with the Director's response.
The Committee must be satisfied that the complaint is not trivial, frivolous, vexatious or made in bad faith. Under section 41(2) of the Act, the Committee cannot investigate a complaint that can otherwise be addressed under existing grievance procedures of the CSIS Act or the Public Service Staff Relations Act.

Complaints About CSIS Activities Under Section 42

With respect to decisions by federal deputy heads to deny security clearances, section 42 of the CSIS Act says the Review Committee shall investigate complaints from:

any person refused federal employment because of the denial of a security clearance;
any federal employee who is dismissed, demoted, transferred or denied a transfer or promotion, for the same reason; and
anyone refused a contract to supply goods or services to the government for the same reason.

A complaint under section 42 of the Act must be filed within 30 days of the denial of the security clearance. SIRC can extend this period if valid reasons are presented.

For more information on how to make a complaint to SIRC, please visit our Web site at www.sirc-csars.gc.ca