Navigation Links
Common menu bar
Breadcrumb
- Home >
- Annual Reports >
- Annual Report 2004-2005 >
- Statement from the Committee
Annual Report 2004-2005 - An Operational Review of CSIS Activities
Statement from the Committee
Twenty Years After the Establishment of the CSIS Act, Security Intelligence in Canada Faces New Challenges
Twenty years have passed since both the Security Intelligence Review Committee (SIRC) and the Canadian Security Intelligence Service (CSIS) came into being. Looking back over the span of those two decades, it would be an understatement to say that much has changed in the domain of national and global security. Yet what cannot be overstated is how much of that change has taken place just within the last five years. In Canada and around the world, many security intelligence services have had to evolve quickly from being primarily counter-intelligence organizations into ones whose main focus is combatting terrorism domestically and abroad.
The pace of this evolution gained momentum in 2001, immediately following the September 11th terrorist attacks, as Canadians saw the emergence of new measures in the form of the Anti-Terrorism Act. Today, information gathering and assessment activities are spread out among a number of federal organizations, with the result that the security intelligence environment is both more complex and more integrated. This has important ramifications for citizens and for policy-makers—after all, SIRC's raison d'être has been to provide a balance against the potent, intrusive powers conferred upon CSIS by the CSIS Act. Similar powers are now being exercised by other public bodies, some without the same level of scrutiny that SIRC imposes on CSIS.
SIRC applauds the government's commitment to achieve an effective integration of its operational intelligence apparatus. SIRC also endorses the logical next step, which is a comprehensive and more integrated review of that apparatus. As do many Canadians, we look forward to the findings of Mr. Justice Dennis O'Connor, whose policy review is charged with making recommendations for a review mechanism for the RCMP's national security activities.
The Anti-Terrorism Act not only supports Canada's domestic efforts to combat terrorism, but also has an important international dimension—that of harmonizing Canada's anti-terrorism laws with those of its global partners. It is this dimension that has broadened the limits of CSIS's intelligence collection efforts and has tested SIRC's ability to conduct a complete review of the Service's activities.
Indeed, for the first time in many years, SIRC finds itself in the unhappy position of not being able to review comprehensively certain activities by the Service—responsibilities that have been conferred on CSIS by the Criminal Code, as amended by the Anti-Terrorism Act (this issue is explored at length in this annual report on page 4). Although these activities represent a relatively small slice of CSIS's work, they have significant potential to affect individuals negatively.
To be clear, this is a matter not of CSIS's making. Nevertheless, this Committee believes it is of paramount importance that all of CSIS's activities, including any extension thereof, be subject to independent scrutiny. After all, the CSIS Act was passed by Parliament so that the Service's significant powers would be clearly defined and kept in check.
We believe it is important, therefore, that Parliament ensure that the laws governing review keep pace with legislative initiatives in support of intelligence capacity. Such vigilance will help avoid creating a vacuum in the area of security intelligence review.
Indeed, much has changed since 1984, but the framework that defines the powers and authority of both CSIS and SIRC is one that has stood the test of time. The past twenty years have seen both SIRC and CSIS evolve to meet the challenges of security intelligence in Canada, while building a legacy of commitment to rights and the rule of law. We look forward to playing a continuing vital role in Canada's security intelligence community in the years ahead.
About this Report
How this Report is Organized
The Security Intelligence Review Committee exists to provide assurance to the Parliament of Canada—and through it, to Canadians—that CSIS is complying with law, policy and Ministerial Direction in the performance of its duties and functions. SIRC has two key functions. The first is to conduct in-depth reviews of CSIS activities to ensure that they comply with the CSIS Act and the various policy instruments that flow from it, and with direction from the Minister of Public Safety and Emergency Preparedness. The second is to receive and investigate complaints by any person about any action of the Service.
The 2004-2005 annual report is organized to reflect the Committee's key findings. Additional information that the Committee believes will provide useful background, historical or technical information is set apart from the main text in shaded insets. These insets are intended to be factual and do not reflect Committee opinions or conclusions.
As with previous annual reports, the format of this publication distinguishes between Committee findings, observations and recommendations arising from in-depth reviews or complaints investigations, and more general background material collected to inform Committee Members and assist readers in understanding the broader context in which CSIS's security intelligence work is carried out.
Section 1: A Year in Review 2004-2005
This section provides the reader with summaries of the eleven major reviews SIRC conducted during the period covered by this report. In addition, it provides information regarding complaints received by the Committee. Finally, this section summarizes a special report forwarded to the Minister of Public Safety and Emergency Preparedness in accordance with Section 54 of the CSIS Act.
Section 2: CSIS Accountability Mechanisms
Featured in this section are descriptions of the policy and governance framework within which CSIS carries out its duties and functions. This section also outlines information provided to SIRC by the Service relating to their branch investigations and changes to CSIS operational plans and priorities.
Section 3: Want to Know More? An Overview of SIRC
This section provides details of the information gathering, outreach, liaison and administrative activities of the Committee, including SIRC's annual budget and expenditures.
Identifying SIRC Studies: Choices and Challenges
SIRC's research program is designed to address a broad range of subjects. In selecting these for review, the Committee takes into consideration:
- the scope of CSIS investigations;
- particular activities that could intrude on individual rights and freedoms, as well as priorities and concerns for Parliament and the Canadian people;
- the CSIS Director's classified report to the Minister on operational activities; and
- the importance of producing regular assessments of each of the Service's operational branches, and regional offices.
The Committee also considers a number of other factors when it approves specific areas for review:
- the Committee's statutory obligations as detailed in the CSIS Act;
- events with the potential to cause threats to the security of Canada;
- issues or concerns identified in previous Committee reports;
- commitments by the Committee to re-examine specific matters;
- issues identified in the course of the Committee's complaints functions; and
- new policy directions or initiatives announced by CSIS or the Government of Canada.
This approach allows the Committee to manage the inherent risk of being able to review only a small percentage of CSIS activities in any given year. However, SIRC is always prepared to adjust planned activities to respond to unforeseen events. One such special review was prepared in the period covered by this report. Also noteworthy, SIRC was able to expand its research program in 2004-2005, as a result of new resources received through Supplementary Estimates.
Each review produced by the Committee follows a detailed examination of CSIS documents, interviews with Service staff and senior managers, and an assessment of the Service's actions in relation to applicable laws, policies and Ministerial Direction.
While SIRC has only a small team of researchers, it seeks to examine as broad a spectrum of CSIS's duties and functions as is possible. Over a period of years, the body of completed research projects has provided Parliament, and the Canadian public, with a comprehensive description and assessment of the Service's operational activities.