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

Section 2 : CSIS Accountability Mechanisms

A. Policy and Governance Framework

2003–2004 NATIONAL REQUIREMENTS FOR SECURITY INTELLIGENCE

The Minister responsible for CSIS issues annual National Requirements for Security Intelligence to provide general direction to CSIS in its collection, analysis and advisory responsibilities as detailed in the CSIS Act. The 2003–2004 National Requirements were issued under the authority of the then Solicitor General of Canada, pursuant to subsection 6(2) of the CSIS Act.

The 2003–2004 Requirements acknowledge the current instability in the global security environment and direct CSIS to maintain flexible forewarning capability to address Canada's security intelligence needs with respect to threats to the security of Canada. In regards to counter terrorism, they direct CSIS to investigate threats of serious violence for the purpose of achieving political, religious or ideological objectives; to conduct research in support of the listing of terrorist entities; and to use CSIS intelligence to combat terrorist financing.

The National Requirements indicate that Canada is increasingly concerned with the proliferation of weapons of mass destruction (WMD), attempts to acquire WMD technology or materials, and the potential use of such weapons. To address this concern, CSIS is directed to continue its investigations of foreign governments and terrorist organizations engaged in the development of WMD programs. Through foreign and domestic exchanges of information, CSIS will continue to expand upon and share its knowledge of threats and emerging trends.

Many foreign intelligence services collect information covertly to meet their military, political and economic needs. The Service is directed to investigate and report on such threats as foreign-influenced activities, transnational criminal activity, clandestine or coercive attempts to obtain proprietary information and attempts to access, steal, alter or destroy information or critical infrastructures.

CSIS is further directed to continue to protect Canadian security through its screening program. Through this program, the Service provides advice on immigration and citizenship matters and on the security of specific sites. It also provides assessments of security standards and screening programs to the Government of Canada, nuclear power facilities and some provincial governments.

Finally, the National Requirements direct CSIS to assist the Ministers of Foreign Affairs and National Defence by collecting foreign intelligence in Canada; to continue to upgrade, expand and replace information systems and technical equipment; to prepare comprehensive, neutral intelligence assessments; to foster and enhance domestic and foreign liaison relationships; and to report regularly to the Minister.

MINISTERIAL DIRECTION

Under section 6(2) of the CSIS Act, the Minister may issue directions governing CSIS's activities and investigations. The Ministerial Direction on National Requirements for Security Intelligence for 2003–2004 is described in the section above. No other 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 2003–2004.

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. SIRC examines CSIS activities for their compliance with operational policies, as one way of reviewing the performance of the Service. We therefore track carefully any changes to existing policies or newly introduced policies. Changes in policies also provide us with insight into the evolving environmental factors that affect the Service.

In 2003–2004 we examined seven new operational policies issued by the Service and eight amendments to existing operational policies.

The new policies relate to two essential areas of Service operations: investigation techniques and warrants. Three policies direct CSIS staff on requirements for the collection or reporting of operational information.

Three other policies address the use of warrants in CSIS investigations. The first deals with procedures for acquiring warrants, while the second policy directs CSIS employees on how to execute these warrant powers. The third warrant policy addresses the management of information collected under these warrants.

The seventh and final new policy defines terms used in CSIS policies. This policy provides a quick reference guide and direction for CSIS officers on the meaning of acronyms commonly used by the Service.

The eight amended policies address co-operation with the Canada Customs and Revenue Agency, changes in investigative techniques, reporting of information and immigrant security screening. Other policy amendments reflect changes in the Anti-Terrorism Act, the Immigration and Refugee Protection Act and the Security Offences Act.

Five new policies were under development at the end of the fiscal year 2003–2004. These policies provide direction on the use of investigative techniques and outline procedures for the sharing of information with domestic and foreign agencies.

In our last annual report, we reported that three policies were under development at the end of the 2002–2003 fiscal year. One of these policies has since been implemented, and is included in the new policies described above.

For reasons of national security, we are unable to elaborate further on these additions to Service policy. We have examined them in detail and are satisfied that both the new and the revised policies are designed to enhance CSIS operational effectiveness and that they conform to the CSIS Act and Ministerial Direction.