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Annual Report 2004-2005 - An Operational Review of CSIS Activities
Section 1 : A Year in Review 2004-2005
C. Section 54 Report to the Minister of Public Safety and Emergency Preparedness
Pursuant to Section 54 of the CSIS Act, SIRC may report to the Minister of Public Safety and Emergency Preparedness on any matter relating to the performance and functions of the Service.
In fall 2003, SIRC determined that the events involving Maher Arar were sufficiently important to warrant a special report of this nature. While the report's specific findings cannot be discussed as the matter remains the subject of an ongoing inquiry by the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar (O'Connor Commission), this case illustrates the difficult dilemma often faced by the Committee. Because of SIRC's legal obligation to protect both national security and privacy concerns, it is often difficult to convey the thoroughness or complexity of SIRC reviews, or provide the details that might help to substantiate its findings and recommendations.
SIRC launched its Section 54 review months before the Commission of Inquiry was established. The Committee reviewed all material available to it under the CSIS Act, and provided its findings to the Minister in May 2004. Although the entire report was shared with the Commission, SIRC was unfairly criticized when the government released a heavily redacted version without consulting the Committee. SIRC has stated publicly that it would have “no objection
” if a summary of its classified report is released by the O'Connor Commission, once its own investigation is completed.
As noted, SIRC may review only the activities of CSIS. However, in carrying out its review, SIRC identified a number of issues that appeared to warrant examination by the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar:
- the role of other federal departments and agencies in Arar's rendition to Jordan by U.S. authorities;
- Arar's subsequent detention and interrogation in Syria;
- whether CSIS information was included in RCMP files that were shared with American authorities; and
- how the United States came into possession of Arar's 1998 rental-lease agreement.
SIRC concluded that the O'Connor Commission might also wish to comment upon the protections offered to Canadian citizens by the new Consular Understanding between Canada and the United States, announced by Canada's Foreign Affairs Minister on January 13, 2004.