Reflections - A History of SIRC

Looking forward

THE CHALLENGES OF SECURITY INTELLIGENCE REVIEW IN THE YEARS AHEAD

by Susan Pollak

Nearly four years after September 11^th, the security environment in which SIRC functions is dramatically different from that of its first two decades. CSIS's powers and the way it does its work have not changed, but the focus of its investigations has shifted markedly. This reflects the end of the Cold War, greater regional instability in much of the world and increased threats from terrorism, notably jihadist extremism.

Canadians live in an essentially safe, tolerant and open society—a society that has among its cornerstones a commitment to the rule of law and respect for individual rights and freedoms. SIRC sees itself as a defender of those rights by giving assurances to Canadians that their security intelligence service has not overstepped its authority. SIRC examines in meticulous detail and on a continuous basis the Service's activities, and recommends changes where it sees the need. Yet SIRC recognizes that, by their very nature, democracies are susceptible to terrorist activity and, therefore, that the state must be able to defend itself against those who would undermine its citizens' rights to live in a safe and secure society.

We have all seen the reverberations of September 11^th around the globe, many of which have increased public scepticism about the very agencies that exist to protect them: the war in Iraq; huge increases in spending on security throughout the Western world; heightened security measures at our borders and at our airports; several commissions of inquiry concerning the activities of security and intelligence agencies in the U.K., U.S.A. and Australia; legal challenges against detention without charge; and so on.

In Canada, we have seen similar repercussions:

• the RCMP was given new powers in the area of national security as a result of the Anti-Terrorism Act;
• in May 2004, SIRC completed an intensive inquiry into CSIS's involvement in the matter of Maher Arar, the subject of an ongoing public inquiry. One of the issues to be addressed is the extent of information sharing between intelligence services of various countries;
• the Criminal Code, as amended by the Anti-Terrorism Act, provided for the listing of terrorist entities, a new activity in which CSIS plays a key role and which is therefore subject to SIRC review;
• the heightened threat environment has led to an increase in security screening carried out by CSIS, and a proportionate increase in complaints to SIRC about security clearances that have been denied or revoked;
• the government has proposed the creation of a Parliamentary Committee on National Security, with members to be sworn-in as Privy Councillors (as with SIRC), to inquire into intelligence and security matters;
• under its national security policy, the government is pursuing a more coordinated approach to all-source intelligence assessment on threats to Canada, by creating the Integrated Threat Assessment Centre (ITAC). As ITAC is housed at CSIS and under the day-to-day direction of its Director, SIRC is responsible for reviewing its operations;
• the Public Safety Act gave CSIS additional responsibilities to share information about individuals with Transport Canada, and these new activities will be subject to SIRC review; and
• the Security of Information Act created a role for SIRC in respect to disclosures in the public interest of special operational information by CSIS employees.

Clearly, the issues SIRC deals with are wide ranging and are likely to be even more so in the future. We will continue to "watch the watchers," as Parliament has decreed and as Canadians expect us to do. But our work is also connected to the bigger picture. As Canadians, we take pride in a nation that actively promotes cultural diversity, free association, economic robustness and political dialogue. It is all the more important that we maintain the fine balance between individual rights and free expression (as provided for under the Charter of Rights and Freedoms), as well as our collective interest in defending and preserving a country where we can all live and prosper.

Over the past twenty years, SIRC has honed its expertise and understanding of the world in which CSIS operates and has evolved along with the Service. We have made a positive difference in the way CSIS operates. We expect new challenges and we will adapt to meet those challenges. Above all, SIRC will be watchful on behalf of all Canadians and will strive to uphold the public's faith in our work.

Susan Pollak is SIRC's current Executive Director.