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4. Section 2.D CSIS operational activities

Annual Report 2006-2007 - An Operational Review of CSIS Activities

Section 2: CSIS accountability mechanisms

D. CSIS operational activities

In May 2006, CSIS implemented a new operational structure. According to the Service, this realignment of resources was designed to ensure that CSIS could increase its operational capacity, consolidate and enhance analysis and production facilities and improve corporate support. The Deputy Director Operations, who reports to CSIS's Director, is now responsible for three groups:

Canadian Security Intelligence Service

1. Intelligence, consisting of five branches: Security Screening; Intelligence Assessments; Human Sources and Operations Support; Scientific and Technical Services; and the Integrated Threat Assessment Centre;
2. Operations, consisting of three branches and one region: International Terrorism; Middle East and Africa; Asia, Europe and Americas; and International Region; and
3. Six regions.

The functions of these groups are highlighted below.

1. Intelligence

Security Screening Branch

One of the largest branches of CSIS, Security Screening has two program streams—government screening and immigration screening.

Government screening performs security clearance investigations for all government employees¹³ whose duties require them to access classified assets or information. The results of these investigations are security assessments—an appraisal of an individual's reliability as it relates to loyalty to Canada—which are provided to the requesting department or agency. Traditionally, the largest clients of this service have been Public Works and Government Services Canada and the Department of National Defence (DND)—accounting for over 28 percent and 26 percent respectively of all requests in 2006–07.

As indicated in Table 2, in 2006–07, CSIS received 51,200 requests for new or updated security clearances and provided 55,000 security assessments to federal departments. The volume of requests increased by approximately 22 percent from the previous fiscal year, and the number of security assessments issued by CSIS increased by 46 percent compared with previous years.

Table 2: CSIS government security screening*

	2004–05	2005–06	2006–07
Requests from DND	9,100	9,200	13,100
Requests from other departments or agencies	27,400	32,900	38,100
Total	36,500	42,100	51,200
Assessments issued to DND	9,000	8,900	13,100
Assessments issued to other departments or agencies14	27,600	28,900	41,800
Total	36,600	37,800	55,000

* Figures have been rounded to the nearest 100.

To track its efficiency in responding to security screening requests, CSIS calculates its turnaround times using a median number of days. As indicated in Table 3, the median turnaround times increased over the previous year's levels in all but one case. The time it took to process a Level I clearance more than doubled for departments other than DND.

Table 3: Median turnaround time (in calendar days)

		2004–05	2005–06	2006–07
DND	Level I (Confidential)	49	24	40
	Level II (Secret)	63	19	40
	Level III (Top Secret)	70	39	82
Non-DND	Level I (Confidential)	12	15	32
	Level II (Secret)	14	13	21
	Level III (Top Secret)	69	60	47

The Service does not decide who receives a security clearance. Rather, it advises the requesting department or agency of information that could have an impact on their decision to grant a clearance. On rare occasions, CSIS will recommend to a requesting agency that a clearance be denied. However, it is the responsibility of the requesting agency to accept or reject this recommendation. In 2006–07, the Service issued 14 information briefs reporting information of an adverse nature. No denial briefs were issued.

CSIS also provides site-access screening. Unlike a government security clearance, a site-access clearance only gives an individual access to certain secure areas within buildings or provides accreditation for a special event. In 2006–07, CSIS received over 83,900 requests for this type of screening, and provided three information briefs to requesting agencies. The increase in requests for access to nuclear facilities, which rose by roughly 69 percent, is a result of a five-year renewal cycle for pre-existing clearances.

There were no special events for which the Service provided assessments. All other site-access requests remained close to levels of previous years.

Table 4: Site-access screening*

	2004–05	2005–06	2006–07
Parliamentary precinct	1,100	1,000	1,100
Airport restricted-access area	31,100	37,600	39,300
Nuclear facilities	6,800	10,600	17,900
Canada Border Services Agency (CBSA / Free and Secure Trade (FAST)15	21,500	3,100	23,100
Special events accreditation	1,800	5,600	0
Other government departments	2,300	2,400	2,500
Total	64,600	60,300	83,900

* Figures have been rounded to the nearest 100.

Immigration screening requires the Security Screening Branch to conduct investigations and to provide advice to Citizenship and Immigration Canada as well as the Canada Border Services Agency to support the processing of refugee claims or applications for immigration or citizenship. The Service's authority in this regard is provided under Section 34(1) of the Immigration and Refugee Protection Act.

In 2006–07, the branch received 92,300 requests under various immigration screening programs (see Table 5). The number of requests received within and from outside Canada and the number of refugee determination and front-end screening requests were almost the same as the previous year.

Table 5: Immigration security screening

	Requests*			Briefs
	2004-05	2005-06	2006-07	2004-05	2005-06	2006-07
Within and outside Canada16	56,100	63,200	62,800	88	133	201
Front-end Screening17	22,900	17,100	17,900	184	89	143
Refugee determination18	14,200	11,700	11,600	110	127	153
Subtotal	93,200	92,000	92,300	382	349	497
Citizenship applications	161,200	308,000	227,300	124	120	155
Total	254,400	400,000	319,600	506	469	652

* Figures have been rounded to the nearest 100.

CSIS finds no adverse information in the vast majority of its screening investigations of refugee claimants or immigration/citizenship candidates. In 2006–07 the Service issued 157 information briefs, 44 inadmissibility briefs and 2 incidental letters related to immigration cases.

As has been the case in recent years, the Service's turnaround times for providing information or inadmissibility briefs were generally quite lengthy. Information briefs related to immigration cases took a median of 460 calendar days for an application filed in Canada, 620 days for those filed from the United States and 161 days for those filed abroad. Information briefs related to permanent resident applicants who are refugees in Canada had a median turnaround time of 442 days, and those for files subject to the Front-End Screening program had a turnaround time of 365 days. For inadmissibility briefs, SIRC noted similar median times.

Table 6 provides a three-year highlight of the Service's median turnaround time in providing notices of assessment.

Table 6: Median turnaround time (in days) for notices of assessment

	2004–05	2005–06	2006–07
Citizenship	1	1	1
Immigration (Canada)19	44	70	78
Immigration (USA)20	150	62	29
Overseas immigration	7	16	14
Refugee determination	56	96	98
Front-end screening	27	23	19

Other screening activities

In 2006–07, the Security Screening Branch vetted 114,500 visa applications of foreign nationals. The Branch also continued to provide screening for various site-access programs. For more information on this branch's security screening activities, refer to SIRC Review 2006–07 in this year's annual report.

New programs

The Security Screening Branch was involved in three new programs:

• The Marine Facilities Restricted Area Access Control Program—designed to provide security assessments to ensure security of Canada's ports;
• The Trusted Traveller Program—a pre-clearance program for travellers who travel frequently to the United States. This program is currently under development and there is no date set for its implementation; and
• Passenger Protect—the Branch worked with other government departments in the development of airline passenger screening programs, in particular the domestic “no fly” program, which became operational on June 18, 2007.

Intelligence Assessments Branch

The Intelligence Assessments Branch (formerly Research, Analysis and Production) consolidates the key analytical function of the Service and centralizes its main intelligence reporting mechanisms. It develops strategic and operational analyses of current threats and emerging issues, and produces Intelligence Briefs, Threat and Risk Assessments, Studies and Pathfinders.

This branch also has a role in the Terrorist Entity Listing process. Every two years, the Minister of Public Safety is obliged, under the Criminal Code, to review the Terrorist Entity Listing to determine whether there are reasonable grounds to add or remove entities from the list. The Minister bases this assessment on Security Intelligence Reports prepared by CSIS. In 2006–07, the Branch developed two such reports. The Minister's review of the listing was completed and approved by the Governor-in-Council on November 9, 2006.

Human Sources and Operations Support Branch

This branch provides a range of support and coordination services including risk management for operational activities across the Service. It is the policy centre in a number of areas including operational security, multilingual services and management of human sources. It also houses the Threat Management Centre, which provides 24/7 support to operational staff in headquarters, regional offices and foreign offices, and coordinates the Service's participation in major events such as the upcoming 2010 Winter Olympic Games in Vancouver.

Scientific and Technical Services Branch

This branch develops and deploys technical tools and mechanisms to support the operations and investigations of CSIS's other branches.

Integrated Threat Assessment Centre

The Integrated Threat Assessment Centre (ITAC) produces assessments that warn the government about terrorist threats to Canada and to Canadian interests abroad. Once completed, ITAC's threat assessments are distributed to domestic and foreign partners. Additionally, ITAC acts as a distribution hub for threat assessments produced by counterparts in the United States, the United Kingdom, Australia and New Zealand.²¹

During the period under review, ITAC issued 83 threat assessments and redistributed 1,150 others produced by allied fusion centres. ITAC also began publishing Media Watch advisories at the beginning of the fiscal year, which are published each business day for distribution to clients. Further, ITAC provided 90 threat assessment briefings to its domestic clients. Presentations were provided to several government departments, including the Canada Revenue Agency and the Canada Border Services Agency. Also of note, ITAC produced one threat assessment at the request of the National Security Advisor.

In its previous annual report, SIRC observed that ITAC was not fully staffed but ITAC reported that as of March 31, 2007, the Centre was fully staffed.

2. Operations

Since the May 2006 realignment, each operational branch is responsible for investigating all threats emanating from within their respective geographic areas, with the exception of the International Terrorism Branch, which focuses exclusively on al Qaida and al Qaida- inspired groups regardless of geographic boundaries.

International Terrorism Branch

This branch conducts investigations globally and within Canada, focusing on Islamist extremists engaged in a variety of terrorist-related activities which pose a direct threat to Canadians and Canadian interests. Notable among this branch's areas of interest is the radicalization of Islamists within Canada.

Middle East and Africa Branch

The Middle East and Africa Branch concentrates its investigative effort on threats that emanate from, or have as their major focus in, Middle East and African countries. This includes issues of terrorism, foreign-influenced activities, the proliferation of weapons of mass destruction and espionage.

Asia, Europe and Americas Branch

This branch investigates threats emanating from its vast area of geographic responsibility, namely espionage, terrorism (including domestic extremism) transnational criminal activity and foreign-influenced activities.

International Region

The International Region (formerly Foreign Liaison and Visits) manages the Service's liaison with foreign agencies and coordinates visits to CSIS Headquarters and CSIS regional offices by foreign representatives. It is also responsible for coordinating all Section 17(1) arrangements with foreign security intelligence or law enforcement agencies, as well as the operation of Foreign Officer posts abroad.

The Service relies on these foreign posts to assist in liaising with foreign security and intelligence agencies, as well as to coordinate visits to CSIS Headquarters and regional offices by foreign representatives. SIRC's most recent examination of one of these foreign posts is summarized in SIRC Review 2006–01 in this year's annual report.

Federal Court warrants and warrant statistics

Warrants are one of the most powerful and intrusive tools available to the Service. They provide CSIS with Federal Court authorization to use investigative techniques that would otherwise be illegal, such as the monitoring of telephone communications. For this reason, the use of warrants by CSIS is an important aspect of SIRC's reviews.

Each year, SIRC collects statistics on the Service's warrant applications and on warrants granted by the Federal Court under Sections 12 and 16 of the CSIS Act. SIRC does not have the resources to examine all warrants granted to the Service. It does, however, look at a certain number of warrants as part of its annual review activity.

When SIRC examines a warrant, it looks into all aspects of the warrant process, starting with the development of the warrant application. SIRC verifies whether:

• the warrant application accurately reflected the information held by CSIS;
• CSIS's justification for requesting warrant powers was reasonable; and
• CSIS complied with the applicable legal and policy requirements in applying for warrant powers.

SIRC also looks at the actual warrant approved by the Federal Court and the Service's execution of warrant powers (i.e., how the warrant powers were used by CSIS).

Table 7: Warrant Statistics

	2005–06	2005–06	2006–07
New warrants	40	24	42
Replaced or renewed	207	203	134
Total	247	227	176*

* Included in this number were 25 urgent warrants.

In 2006–07, the Federal Court approved 42 new warrants—almost twice as many as the previous year. However, the Federal Court approved the renewal or replacement of only 134 warrants—a sharp drop from 203 reported in the previous year. Forty-two warrants were either terminated or expired without being renewed during the same period. No warrant applications were denied and all warrant powers requested by the Service were granted by the Federal Court.

In SIRC's 2005–06 annual report, SIRC reported on CSIS's review of the warrant process, which stemmed from a moratorium imposed by the Director after a warrant application was rejected by the Federal Court.²² During this moratorium—in effect from June 22, 2005 to June 28, 2006—there were 38 warrants approved on an exceptional basis by the Director and the Service's General Counsel. As a result of a year-long assessment of the warrant process, CSIS reported to SIRC that it is finalizing a streamlined approach to warrant review which is expected to be in effect by late 2007.

In preparing this report, SIRC asked the Service if the Federal Court had asked for any warrant applications to be modified before they were approved. Three instances were reported.

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Date Modified:

2010-10-14