Annual Report 2007-2008 - An Operational Review of CSIS Activities

Section 2: CSIS operational activities and accountability mechanisms

A. CSIS operational activities

The Deputy Director Operations, who reports to CSIS’s Director, is responsible for three groups:

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

i. Intelligence

Security Screening Branch

As a key component of Canada’s national security framework, security screening provides one of the Service’s most visible functions.

The Security Screening Branch has two program streams: government screening and immigration screening. In response to an increasing number of screening requests over the past several years, the branch has attempted to improve its technical and case management functions to ensure that they continue to provide timely, relevant and accurate assessments that meet client expectations. The branch has also consulted with government clients to guide them through new rules concerning the security screening process.

Government screening provides security assessments—an appraisal of an individual’s loyalty to Canada and, so far as it relates thereto, the reliability of the individual—for all government departments and institutions, except the Royal Canadian Mounted Police (RCMP), for which CSIS performs indices and Out-of-Country (OCC) checks, including joint subject interviews for cause. It is also involved in a site-access program for airports, port and marine facilities, the parliamentary precinct and nuclear power facilities, as well as providing assessments to provincial departments. These programs are meant to enhance security and reduce the potential threat from terrorist groups and foreign governments that seek to gain advantage by obtaining authorized access to classified information or other assets, materials and sensitive sites.

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 30 percent and 16 percent respectively of all requests in 2007–08.

As indicated in Table 2, in 2007–08, CSIS received 50,300 requests for new or updated security clearances and provided 48,800 security assessments to federal departments. The volume of requests was down slightly from the previous fiscal year, as was the number of security assessments. The biggest change was a decrease in the number of requests from DND.

As part of its efforts to track efficiency in responding to security screening requests, CSIS calculates its turnaround times using a median number of calendar days. As indicated in Table 3, the median turnaround times decreased compared to the previous year’s levels, the exception being an increase for Level III (Top Secret) assessments.

However, the median times for this category were calculated differently in 2007–08, which resulted in a rise in the median time in comparison to previous years. For 2007–08, median times for Level III clearances exclude updates for those who already have this clearance, a process that takes considerably less time than requests for new or upgrade assessments.⁵ For example, while the median turnaround time for new and upgrade Level III assessments for DND is 164 days, the median time for updates is 29 days. Similarly, for non-DND clients the median turnaround time is 186 days for new or upgrade Level III assessments, compared to four days for updates.

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 indicate to a requesting agency that the Government Security Policy threshold for denying clearance has been met. However, it is the responsibility of the requesting agency to grant, revoke or deny a clearance. In 2007–08, the Service issued eight information briefs reporting information of an adverse nature. Two denial briefs were issued.

CSIS also provides site-access screening (see Table 4). Unlike a government security clearance, a site-access clearance only gives an individual access to certain secure areas or provides accreditation for special events. In 2007–08, CSIS received over 67,500 requests for this type of screening and provided no information briefs to requesting agencies. The increase in requests for access to nuclear facilities in 2006–07 was a result of a five-year renewal cycle for pre-existing clearances. The number of these requests therefore dropped in 2007–08. There was also a decrease in the number of requests associated with the Free and Secure Trade (FAST) program.

The Service provided over 1,300 assessments for special events in 2007–08.

Immigration screening helps to ensure that individuals who pose a threat to security and/or are inadmissible under the IRPA do not gain entry or obtain status in Canada. This program provides security advice to:

1. identify whether or not citizenship applicants will engage in activities that constitute a threat to the security of Canada;
2. identify individuals who are inadmissible on security grounds under Section 34(1) of the IRPA;
3. identify visitor and refugee claimants at Canadian ports of entry who are inadmissible for security reasons; and
4. screen those requesting visitor visas from countries that pose a terrorist, espionage and transnational criminal activity threat.

In 2007–08, the branch received 94,400 requests under various immigration screening programs (see Table 5). The number of requests received within and from outside Canada was similar to the previous year, while the number of refugee determination requests decreased. The number of front-end screening requests increased from the previous year.

CSIS finds no adverse information in the majority of its screening investigations of refugee claimants or immigration/citizenship candidates. In 2007–08, the Service issued 325 information briefs, 129 inadmissibility briefs and one incidental letter related to immigration cases.

In recent years, the Service’s turnaround times for providing information or inadmissibility briefs were generally quite lengthy. In 2007–08, information briefs related to immigration cases took a median of 508 calendar days for an application filed in Canada, 620 days for those filed from the United States and 150 days for those filed abroad. Information briefs related to permanent resident applicants who are refugees in Canada had a median turnaround time of 497 days, and those for files subject to the Front-End Screening Program had a turnaround time of 339 days.

Table 6 provides a three-year highlight of the Service’s median turnaround time for
providing notices of assessments.

Other screening activities

In 2007–08, the Security Screening Branch also vetted 111,300 visa applications for foreign programs. In addition, the branch was involved in the following two programs:

• The Trusted Traveller Program — a pre-clearance program for individuals who travel frequently to the United States. This program is currently under development; and
• Passenger Protect — the branch worked with other government departments in developing 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 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 Assessments, Threat and Risk Assessments and Perspectives.

In recent years, the branch has undergone a series of changes in an attempt to respond to the growing demand within the Service and across government for strategic and operational assessments. As part of this process, the branch has engaged in dialogue with federal partners and clients to ensure that CSIS continues to provide relevant and timely assessments that meet the needs of clients. The branch has sought opportunities to coordinate with partners within the assessment community to identify common areas of interest and produce community assessments. Likewise, it has created internal mechanisms to promote an ongoing dialogue with collectors within the Service to ensure that analytical support is provided in a timely fashion to assist in investigations.

This branch also has a role in the Terrorist Entity Listing process both in regards to listing new entities and renewing those already listed. The Service prepares Security Intelligence Reports (SIRs) on groups that are believed to be, or act on behalf of, a terrorist entity. This report outlines the Service’s findings and forms the basis for consideration by the Governor-in-Council on whether to approve that a group be listed under Section 83.05 of the Criminal Code of Canada. 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 still reasonable grounds for an entity to be listed and make a recommendation to the Governor-in-Council accordingly.

The Minister’s most recent review of the listing commenced in February 2008 and is to be completed this fall.

Human Sources and Operations Support Branch

This branch provides a range of support and coordination services including risk management and analytical expertise 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 contains the Threat Management Centre, which provides 24/7 support to operational staff at headquarters and regional and Foreign Offices, and it provides support to the Service’s involvement in major special events such as last year’s North American Leaders’ Summit and the upcoming 2010 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.

During the period under review, ITAC issued 348 threat assessments and redistributed over 1,300 others produced by allied fusion centres. ITAC also published Media Watch each business day for distribution to clients. Further, ITAC provided over 120 briefings to its domestic clients, including the Petroleum Industry Annual Safety Seminar, the Canadian Association of Chiefs of Police Liaison Conference, the Cyber Security Task Force and a critical infrastructure conference in the United States.

During the period under review, ITAC assumed responsibility for the Threat Assessment Unit, which provides time-sensitive evaluations of potential threats to Canadians and Canadian interests in Canada or abroad, or to foreign interests or nationals in Canada. ITAC provided assessments of key issues for the Government of Canada and in relation to the North America Leaders’ Summit at Montebello, Quebec in August 2007. Also of note, ITAC produced three papers in collaboration with the Canadian Centre of Intelligence and Security Studies at Carleton University.

ITAC continued its planning work regarding a 24/7 centre with an integrated analytical capacity.

ii. Operations

Under Operations, four branches are 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.

Middle East and Africa Branch

This branch concentrates its investigative effort on threats that emanate from, or have as their major focus in, countries in the Middle East and Africa. 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 Terrorism Branch

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

International Region

This branch 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 intelligence or enforcement agencies, as well as the operation of the Service’s Foreign Offices abroad. The Service relies on these offices 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.

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 examine all aspects of warrants granted to the Service, particularly since this is part of the vital accountability function provided by the Federal Court. However, as part of its review activities, SIRC does consider whether the Service adheres to the warrant approved by the Federal Court (i.e., how the warrant powers were used by CSIS).

In 2007–08, the Federal Court approved 71 new warrants—a notable increase from the previous year. The Federal Court also approved the replacement or renewal of 182 warrants, which is also an increase from the previous year’s levels. During the same period, 56 warrants were either terminated or expired without being renewed. No warrant applications were denied by the Federal Court. In one instance, the Federal Court denied the Service’s request for a foreign telecommunications warrant authorizing the interception, outside Canada, of the communications of subjects under investigation. In its decision, the court ruled that it had no jurisdiction to issue the warrant sought under the CSIS Act.