Annual Report 2004-2005 - An Operational Review of CSIS Activities

Section 2 : CSIS Accountability Mechanisms

B. Policy and Governance Framework

Annual National Requirements for Security Intelligence

Background

Pursuant to Subsection 6(2) of the CSIS Act, the Minister of Public Safety and Emergency Preparedness 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 2004-2005 National Requirements direct the Service to continue to maintain a flexible forewarning capability and meet Canada's evolving security intelligence needs by relying on risk management. The Minister notes that this approach will allow the Service to concentrate its resources on the foremost threats, while retaining the ability to respond to emerging issues in a timely fashion. CSIS is directed to focus on security intelligence needs with respect to the security of Canada as set out in Section 2 of the CSIS Act.

For 2004-2005, the Minister has directed CSIS to pursue the enumerated priorities in accordance with its mandate, including:

• safeguarding against the possibility of a terrorist attack occurring in or originating in Canada or affecting Canadian citizens or assets abroad;
• assessing the potential for attacks involving weapons of mass destruction;
• providing advice on Canada's economic security;
• safeguarding confidential Government of Canada information; and
• advising on threats to critical infrastructure.

In the 2004-2005 National Requirements, the Minister notes that today's threat environment is increasingly international and transnational in nature—intelligence work cannot be suspended at the Canadian border. CSIS is therefore directed to pursue foreign sources of threat-related information. It is also directed to support the establishment and operation of an Integrated Threat Assessment Centre (ITAC), as part of the Government of Canada's commitment to enhanced information-sharing, and to ensure the timely distribution of ITAC assessments. ITAC will replace CSIS's Integrated National Security Assessment Centre (INSAC).

The National Requirements acknowledge the demonstrated willingness of individuals, groups and states to use violence in support of political, religious, ideological or territorial objectives. The Minister notes that preferred target venues include locations that will yield maximum destruction and casualties. Further, the National Requirements acknowledge that Canada's response to terrorist activities has raised Canada's profile with terrorist actors and proponents.

As has been previously acknowledged, a significant portion of the world's terrorist groups are represented in Canada. The Minister notes that these groups engage in such activities as fundraising, lobbying, document fraud, planning and staging of terrorist acts, manipulation of émigré communities, facilitation to and from the United States, and the procurement of dual-use materials.

To a lesser extent, Canada also faces domestic issues that may lead to extremist acts or threats of serious violence. Therefore, CSIS is directed by the Minister to investigate and advise the Government of Canada about threats arising from:

• religious extremism;
• state-sponsored terrorism;
• secessionist violence;
• domestic extremism; and
• terrorist financing.

The Minister has also directed the Service to continue to conduct research and analysis in support of the terrorist entity listing process; to support Department of National Defence deployments; to increase its liaison capacity with foreign partners; and to work towards the prosecution, deportation and denial of safe haven to members of terrorist organizations in cooperation with other federal departments and agencies.

CSIS is directed by the Minister to continue to identify countries and groups engaged in developing weapons of mass destruction (WMD) and other weapons proliferation programs and to support Canada's obligations to stem the acquisition of WMD and other forms of proliferation, through the provision of relevant intelligence. The Minister also notes the activities of countries that collect information in and about Canada in support of their military, political and economic needs. CSIS is directed to investigate these threats, including foreign-influenced activities; transnational criminal activities; clandestine or coercive efforts by foreign governments to gain access to intelligence, proprietary information or technology; and attempts to steal, alter or destroy information or critical infrastructures.

The National Requirements note that CSIS's security assessments, screening investigations and security advice on immigration and citizenship matters are an important part of the Service's mandate. CSIS is directed to continue advising the Government of Canada on these matters and to provide security assessments in relation to citizenship and immigration processes, airports, land borders, marine security, Parliamentary precincts, nuclear power stations, restricted areas at special events, Order-in-Council appointments, and certain provincial governments.

Finally, CSIS is directed to continue to provide the Government of Canada with relevant, comprehensive and policy-neutral intelligence assessments and to keep pace with the rapid development of new technologies. In addition to upgrading technical equipment and information systems, the Service is directed to collaborate with the RCMP, the Department of Justice, Industry Canada, the Department of Public Safety and Emergency Preparedness Canada and other departments and agencies to prepare policy and legislation ensuring that Canada's laws keep pace with evolving technologies.

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 2004-2005 is described in the section above. No other directions were issued in the year under review.

Governor-In-Council Regulations And Appointments

Under Section 8(4) of the CSIS Act, the Governor-in-Council may issue regulations to the Service concerning the powers and duties of the Director of CSIS, as well as the conduct and discipline of Service employees. No such regulations were issued in 2004-2005.

Changes in CSIS Operational Policy

CSIS Operational Policy sets out the parameters and rules governing the entire range of the Service's operational activities. The Operational Policy is regularly updated to conform to changes in legislation and Ministerial Direction. All changes to this policy are reviewed by the Committee to ensure that they conform with law and Ministerial Direction. Applicable operational policies are also reviewed and CSIS compliance with those policies assessed in the course of each of the reviews carried out by SIRC.

The Service reported to SIRC on the new operational policies implemented in 2004-2005, together with new policies under development and revisions to existing policies. CSIS noted that the major factors influencing these developments included changes in existing legislation, passage of new legislation and changes in operational methodology. Revised policies in 2004-2005 covered such subjects as Section 12 warrant acquisitions and caveats used in the disclosure of operational information and intelligence.

Two policies were under development during fiscal year 2004-2005. The first concerned the acquisition of production orders and the second addressed certain operational reporting. The Service also reported that a number of existing policies were under revision during the reporting period. These addressed subjects such as targeting, foreign liaison and cooperation, warrant powers and approvals, cooperation with Citizenship and Immigration Canada and the Canada Border Services Agency, and operational reporting.

In addition, SIRC obtained an update from the Service on the status of policies that were under development at the end of fiscal year 2003-2004. Several of these have since been implemented. CSIS reported that one policy project was still ongoing, as it required considerable consultation and was affected by the restructuring of certain government departments. A second policy project, intended to revise certain information disclosure procedures, was on hold at the end of fiscal year 2004-2005.