A recent review by the national spy oversight body revealed that the Canadian Security Intelligence Service (CSIS) may have violated the law while utilizing special authorities for gathering intelligence. The CSIS Act allows designated employees to engage in certain activities that would otherwise be considered illegal to ensure that CSIS operations remain within legal boundaries.
The report from the National Security and Intelligence Review Agency highlighted the limitations and requirements associated with this authority to prevent CSIS from obstructing justice, violating Charter rights, or engaging in harmful actions like torture or killing. Employees utilizing these powers must provide justifications for their actions, demonstrating that they are reasonable and proportionate under the circumstances.
The review agency examined CSIS’s use of these authorities during operations in 2022 and 2023. According to the CSIS Act, all employees involved in covert activities must be specifically designated to commit offenses, and senior authorization is required to direct others to do so.
While CSIS complied with the restrictions on permissible offenses, the watchdog found instances where employees may have committed offenses without proper designation or authorization. Furthermore, CSIS failed to adequately document justifications for these actions, as required by law.
Employees are expected to consider various factors, such as the nature of the threat, potential consequences of the offense, the relationship between the offense and expected outcomes, and alternative courses of action. The report revealed instances where these considerations were not properly documented.
The review agency emphasized that CSIS must ensure all operations adhere to the law, particularly when involving activities that would normally be illegal. Recommendations were made for CSIS to enhance internal guidance, oversight, and quality assurance to ensure compliance with the CSIS Act and internal policies.
In response to the findings, a CSIS spokesperson stated that the service is committed to transparency and accountability, taking all potential non-compliance seriously. CSIS welcomes the recommendations and intends to implement appropriate measures to address the assessment’s concerns.
The report’s conclusions were met with concern by Tim McSorley, the national coordinator of the International Civil Liberties Monitoring Group. McSorley stressed the importance of accountability for CSIS officers involved in the lapses and the need for preventive measures to avoid such issues in the future.
