Presentation on the Section 42 Complaint Process Before the Security Intelligence Review Committee (SIRC)

Section 42 Complaint Process before the Security Intelligence Review Committee (SIRC)

Presented by:

Chantelle Bowers
Deputy Executive Director

And

Shayna Stawicki
Registrar/ Paralegal

September 13th, 2016

SIRC 101: General Overview of SIRC

Mandate, History, SIRC Committee, SIRC Staff, Core Functions, Annual Report

History

Both the Canadian Security Intelligence Service (“CSIS,” or “the Service”) and the Security Intelligence Review Committee (“the Committee” or “SIRC”) were established in response to abuses by the RCMP Security Service.

McDonald Commission (1981): Called for greater control and accountability of Canada’s security intelligence activities.

CSIS Act (1984): Legislation that created CSIS, which reports to the Minister of Public Safety and Emergency Preparedness, and SIRC, which reports to Parliament.

Mandate

SIRC is an independent external review body that provides assurance to Parliament, and by extension to all Canadians, that CSIS investigates and reports on threats to national security in a manner that respects the law and the rights of Canadians.

With the sole exception of Cabinet confidences, the CSIS Act gives SIRC the right to have “access to any information under the control of the Service,” regardless of how sensitive or highly classified that information may be.

SIRC is not involved in day-to-day operations of the Service but has developed a comprehensive understanding of the Service's activities.

SIRC Organizational Chart
Text Version
  • PARLIAMENT
    • Prime Minister
      • Minister of Justice and Attorney General
        • Department of Justice Canada
      • Minister of Public Safety
        • Department of Public Safety
        • Canada Border Services Agency
        • Royal Canadian Mounted Police (RCMP)
        • Commission for Public Complaints Against the RCMP
        • Canadian Security Intelligence Service (CSIS)
        • Security Intelligence Review Committee (SIRC)
      • Minister of Foreign Affairs
        • Department of Foreign Affairs, Trade and Development
      • National Security Advisor
        • Security and Intelligence Secretariat (PCO)
        • Intelligence Assessment Secretariat (PCO)
      • Minister of National Defence
        • Department of National Defence
        • Communications Security Establishment (CSEC)
        • Office of the CSE Commisioner
      • Minister of Citizenship and Immigration
        • Citizenship and Immigration Canada
      • Minister of Transport
        • Transport Canada

About the Committee

2016-2017 Committee Members

Pierre Blais, P.C., Chair – Appointed May 1st 2015
Former Chief Justice of the Federal Court of Appeal and former Cabinet Minister

L. Yves Fortier, P.C., C.C., O.Q, Q.C. – Appointed August 8th 2013
Former Ambassador and Permanent Representative to the United Nations in New York and former President of the Security Council of the United Nations.

Ian Holloway, P.C., C.D, Q.C. – Appointed January 30th 2015
Dean of Law at the University of Calgary

Marie-Lucie Morin, P.C. – Appointed May 1st 2015
Former National Security Advisor

Gene McLean, P.C. – Appointed March 7th 2014
Security consultant, former RCMP Officer and former Vice President and Chief Security Officer for TELUS Corporation.

SIRC Staff

Why have a SIRC?

SIRC has been providing impartial and objective retrospective review of CSIS’s activities for more than 30 years. Our principal role is to advise the Service and those bodies of government that direct it; our reviews and complaints decisions often include findings or recommendations that may help these bodies to modify policies and procedures as needed.

SIRC has three core functions:

1. Reviews

On average, SIRC conducts approximately nine in-depth reviews of CSIS’s activities and operations per year.

When viewed together and over time, these provide a broad picture of Canada’s security intelligence landscape. The information and recommendations garnered from these reviews can impact CSIS’s current and future operations.

An edited summary of each review and CSIS’s response is included in SIRC’s Annual Report to Parliament. Selected reviews are also available on SIRC’s website: www.sirc-csars.gc.ca

SIRC’s reviews consider:

2. Investigations

SIRC conducts investigations in the following instances:

About Investigations

3. Certification of the CSIS Director’s Annual Report

The Certificate must include:

Findings and Recommendations

SIRC Annual Report 2014–2015: Lifting the Shroud of Secrecy

The 2014-2015 Annual Report, tabled in January 2016, contains:

Under the CSIS Act, SIRC must submit its Annual Report to the Minister of Public Safety and Emergency Preparedness no later than September 30th. The Minister must then table SIRC’s report in Parliament within 15 days of the House sitting.

Section 42 Complaints Process

Phases and Steps of SIRC Investigations

Key Takeaways

  1. Demystifying the SIRC Process: Better understanding of the s. 42 complaint process at SIRC
  2. Understanding your role as a DSO/ member of the security community during the conduct of a SIRC s. 42 investigation

Governing Legislation and Policies for Section 42 Complaints at SIRC:

  1. CSIS Act
  2. SIRC Rules of Procedure
  3. TBS’s Policy on Government Security

Section 42(1) of the CSIS Act states:

“Where, by reason only of the denial of a security clearance required by the Government of Canada, a decision is made by a deputy head to deny employment to an individual or to dismiss, demote or transfer an individual or to deny a promotion or transfer to an individual, the deputy head shall send, within ten days after the decision is made, a notice informing the individual of the denial of the security clearance.”

*What is the purpose of a SIRC s. 42 investigation?

Scope of SIRC’s Jurisdiction

Does SIRC have jurisdiction to investigate:

  1. Security Clearances: YES
  2. Reliability Statuses: NO
  3. Site Accesses: YES, but traditionally not per section 42

**Be mindful of the difference between security clearance vs reliability status

3 PHASES OF A SIRC INVESTIGATION

SIRC STEPS OF INVESTIGATIONS

CHALLENGING SIRC’S DECISION

What if the Deputy Head disagrees with SIRC’s recommendation(s)?

What if a Complainant disagrees with SIRC’s recommendation(s)?

Questions?

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