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Annual Report 2005-2006 - An Operational Review of CSIS Activities
Members' Statement
As the 21st century unfolds, the spectre of terrorism has become the major preoccupation of police and national security agencies. Even in those countries that have not suffered direct attacks, terrorism has sowed fear and uncertainty. The challenge for Canada is to ensure public safety without compromising the values that are the bedrock of our democratic tradition.
The Security Intelligence Review Committee (SIRC) is one of the organizations responsible for maintaining that balance. It is the only independent, external body equipped with the mandate to review the activities of the Canadian Security Intelligence Service (CSIS), by examining its operations and investigating complaints. For over two decades, SIRC has fulfilled this responsibility, always conscious of CSIS's vital role in safeguarding our society, but alert to the extraordinary powers that it is authorized to employ.
Our annual report summarizes, to the extent that national security permits, SIRC's key accomplishments in 2005-06. This year's report provides highlights of seven reviews as well as four decisions rendered in complaints cases. Among the more noteworthy reviews was an examination of CSIS's relationship with agencies in four countries suspected of human rights violations, plus our first review of the Integrated Threat Assessment Centre, a key component of Canada's National Security Policy. We also examined CSIS's electronic-surveillance and information-gathering techniques, to gain a better understanding of how rapidly evolving technologies are being used by CSIS and exploited by terrorists and foreign intelligence agencies. We made fourteen recommendations as a result of these seven reviews, which are summarized at the end of this report.
In addition to conducting reviews, SIRC is also responsible for investigating complaints against CSIS. In fulfilling this role, we provide an independent recourse mechanism for groups and individuals, with all the powers of a superior court. Over the past two decades, SIRC has issued 125 decisions related to complaints, each of which stands as a testament to our fairness and objectivity. In 2005-06, SIRC dealt with 63 complaints—a significant increase over recent years—and issued four new decisions. Among these is a Section 42 complaint concerning the denial of a security clearance to Mr. Bhupinder Liddar, where SIRC found in favour of the complainant.
Innovative procedures designed to modernize the complaints function are also highlighted in this year's report. In an effort to be more inclusive, we posted an Arabic translation of “How To Make A Complaint
” on SIRC's website. In consultation with CSIS, we introduced pre-hearing conferences to resolve preliminary procedural matters and adopted the principle of continuing disclosure, so that new documents can be introduced at any time before a decision is rendered. We are proud of these innovations because they have streamlined our investigation process and over time, will help to ensure that SIRC's recourse mechanism is better understood.
Accountability is the raison d'être of review and oversight agencies around the world. That is why we felt it so important to contribute to the work of the O'Connor Commission, which is tasked with making recommendations on an independent, arm's-length review mechanism for the RCMP's national security activities. During the past year, our Chair discussed this subject at a public hearing of the Commission and SIRC staff held wide-ranging discussions with their Commission counterparts. Mr. Justice O'Connor's recommendations will likely focus considerable public attention on the adequacy of Canada's review mechanisms, and we will be very interested to see how the federal government responds.
A society that bends the rules confirms the worst prejudices and suspicions of its enemies, while individual rights are meaningless without real and lasting human security.
As stated previously, terrorism poses significant and continuing challenges to Canada and other western democracies. As free societies, we are compelled to use every available resource to counter this deadly threat, while at the same time upholding the principles of accountability, fairness, respect for individual rights and an absolute adherence to the rule of law.
If we can leave our readers with one message, it is this: do not assume that the demands of public safety and our democratic values are in an irreconcilable conflict with each other. In fact, they are complementary. A society that bends the rules confirms the worst prejudices and suspicions of its enemies, while individual rights are meaningless without real and lasting human security. That is why it is so important that police and national security agencies are held accountable for their actions and choices.
For twenty-two years, SIRC has strived to ensure real accountability by upholding Canadians' fundamental rights and freedoms and by insisting that CSIS act lawfully. This is our legacy and our continuing commitment to Parliament and the citizens we serve.