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Section II: Analysis of Program Activities by Strategic Outcome

Strategic Outcome

The Canadian Security Intelligence Service (CSIS) carries out its mandate to investigate and report on threats to national security in a manner that respects the rule of law and the rights of Canadians.

Program Activity: Reviews

Conduct reviews of CSIS's duties and functions to examine questions of appropriateness, adequacy and effectiveness and ensure that CSIS is acting lawfully. Develop research plans to identify reviews to be conducted throughout the year. Through a comprehensive and multifaceted program of research, examine various aspects of CSIS's operations and activities to prepare a retrospective analysis for the Committee's approval. Each review assesses CSIS's performance and may include findings and non-binding recommendations. These reviews are submitted to the Director of CSIS, the Inspector General, CSIS and in special circumstances, the Minister of Public Safety. A declassified summary is included in the Security Intelligence Review Committee's Annual Report. The objective is to provide Parliament and Canadians with "snapshots" of past CSIS operations which over time, provide a comprehensive picture of CSIS's performance.

2010–11 Financial Resources (thousands of dollars)

Planned Spending	Total Authorities	Actual Spending
1,626	1,654	1,039

2010–11 Human Resources (FTEs)

Planned	Actual	Difference
12.5	8	-4.5

Expected Results	Performance Indicators	Targets	Performance Status
The improvement of CSIS's performance based on the findings and recommendations that SIRC makes in its reviews.	Percentage of SIRC's review recommendations accepted by CSIS	70% of SIRC's review recommendations accepted by CSIS	Exceeded
	Frequency that key elements of CSIS activities and operations are reviewed	Key elements of CSIS activities and operations are reviewed at least once every five years	Exceeded
	Number of reviews completed as per SIRC's annual Research Plan	100% of reviews completed per SIRC's annual Research Plan	Met all

Performance Summary and Analysis of Program Activity

SIRC has developed three performance measures for the Reviews Program Activity. These measures help SIRC to track progress in achieving its expected results and strategic outcome.

The first of these measures is to follow up with CSIS to identify whether the organization has acted on recommendations made by SIRC in previous reviews. Last year, SIRC made ten recommendations, two of which were not directed at CSIS specifically. The Service accepted six recommendations.

A second performance indicator tracks whether key elements of CSIS activities are reviewed at least once every five years. Key elements include, for example, targeting, warrants, information exchanges with domestic and foreign partners and human source operations. In recent years, SIRC has undertaken reviews using a thematic approach that enables us to examine a cross-section of CSIS’s activities within a single review. As a result, key elements of CSIS’s activities get reviewed more frequently, in many cases annually.

In addition, SIRC Members and staff visited two CSIS regional offices. These visits provided SIRC with an opportunity to appreciate the day-to-day work of CSIS investigators and to learn about the priorities and challenges of regional offices; they also gave staff the opportunity to examine the wide range of activities undertaken at the regional level, thereby allowing SIRC to review more effectively key elements of CSIS’s activities. Finally, SIRC reviewed one of CSIS’s foreign stations to examine CSIS’s relationships and exchanges of information with foreign partners, its interactions with domestic partners at post, and the nature and scope of its operations abroad.

The third and final performance measure identifies whether the research plan approved by the Committee at the beginning of the fiscal year is completed in its entirety. In fiscal year 2010-11, SIRC undertook and completed seven reviews; one of which was deferred to fiscal year 2011-12 in consideration of certain operational pressures within CSIS.

In the past fiscal year, SIRC’s work received much attention. For example, our Annual Report to Parliament, which is our main communications vehicle, generated media inquiries and public discussion. In response to several requests, the Chair gave a number of newspaper and radio interviews in which he expanded on the key findings and recommendations contained in SIRC’s report. The Chair and Executive Director were also invited to lead a distinguished panel discussion on the challenges of national security accountability in Canada.

At the same time, SIRC expanded its public engagement activities. The Chair, Executive Director and staff participated in various discussions – with academics, practitioners, security and intelligence experts, to name a few - expressing SIRC’s views on a number of Canadian national security matters.

Lessons Learned

SIRC’s review function continues to adapt to the rapidly changing environment in which security intelligence operates. SIRC continuously examines its review methods and sources to ensure that the Committee fully understands the diverse range of CSIS activities and operations.

Program Activity: Complaints

Receive and inquire into complaints about CSIS brought by individuals or groups, as an independent, quasi-judicial administrative tribunal. Complaints may concern an "act or thing" done by CSIS; denials of security clearances; referrals from the Canadian Human Rights Commission; Minister's reports with respect to the Citizenship Act; and, complaints concerning an act or thing done by CSIS in relation to Transport Canada's Passenger Protect Program and Marine Transportation Security Clearance Program. After accepting jurisdiction, the Committee conducts pre-hearing conferences, presides over complaints hearings and prepares complaints reports which include findings and non-binding recommendations.

These reports are submitted to the Minister of Public Safety, the Director of CSIS and a vetted version is provided to the complainant. A declassified summary is included in the Security Intelligence Review Committee's Annual Report. The Committee's decisions are intended to provide a fair and timely resolution of complaints and are subject to judicial review by the Federal Court of Canada.

2010–11 Financial Resources (thousands of dollars)

Planned Spending	Total Authorities	Actual Spending
580	618	597

2010–11 Human Resources (FTEs)

Planned	Actual	Difference
6.5	3	-3.5

Expected Results	Performance Indicators	Targets	Performance Status
Parties before SIRC receive a fair and timely resolution of their complaint	Percentage of SIRC complaint decisions upheld by the Federal Court on judicial review	100% of complaints decisions upheld	Met all
	Percentage of complaints where SIRC's decision on jurisdiction is made within 100 working days of receiving a formal and complete written complaint	85% of all jurisdictional decisions	Exceeded
	Percentage of complaints where SIRC's report is issued within thirty months of accepting jurisdiction	85% of all complaint reports	Mostly met

Performance Summary and Analysis of Program Activity

The purpose of the Complaints Program Activity is to receive and investigate complaints about CSIS brought forward by individuals or groups. In doing so, SIRC acts as an independent, quasi-judicial administrative tribunal pursuant to the CSIS Act. SIRC conducts investigations in relation to:

• complaints “with respect to any act or thing done by the Service” as described in the CSIS Act;
• complaints about denials of security clearances to federal government employees and contractors;
• referrals from the Canadian Human Rights Commission in cases where the complaint relates to the security of Canada; and,
• reports made pursuant to s.19 of the Citizenship Act.

Once a formal and complete written complaint is received, SIRC conducts a preliminary review, which may include any information in the possession of CSIS, except for Cabinet confidences. Where a complaint does not meet certain statutory requirements, SIRC declines jurisdiction and the complaint is not investigated. However, if jurisdiction is established, complaints are investigated through a quasi-judicial hearing presided over by one or more SIRC members, assisted by staff. A party in a complaint has the right to be represented by counsel and to make representations at the hearing. Pre-hearings may be conducted to establish and agree on procedures with the parties and their counsel.

As in previous years, in 2010-11, the time to resolve complaints varied in length depending on a number of factors, including the complexity of the file, the quantity of documents to be reviewed, the number of hearings and the availability of the participants.

In 2010-2011, five investigation reports were completed by SIRC and a sixth report was completed on a procedural matter. SIRC reported on the findings of its investigations and provided non-binding recommendations to the Minister of Public Safety, the Director of CSIS and, in cases involving a denial of a security clearance, to the deputy head of the federal organization involved. At the same time, Complainants were provided a copy of the redacted reports in which the national security information had been removed. Summaries of the reports, edited to protect national security and the privacy of the Complainants are included in SIRC’s annual reports.

In 2010-11, two judicial review applications were commenced in the federal Court. One of these judicial review applications challenges SIRC’s application of the Canadian Charter of Rights and Freedoms in the course of its investigations. Although the application has not yet been heard, the result of the federal Court ruling will have a direct impact on the future of complaints investigations by SIRC. In the second matter, a ruling is expected by the Court on whether the findings and recommendations of SIRC made in relation to a complaint filed pursuant to section 41 of the CSIS Act can be reviewed by the federal Court.

In addition to work in connection with judicial review applications, in 2010-11, SIRC’s legal team continued to provide advice to the presiding SIRC member on procedural and substantive matters. SIRC’s legal team also continued to cross-examine CSIS and other witnesses when, for national security reasons, evidence was heard in the absence of a Complainant.

Lessons Learned

A number of factors impact on SIRC’s ability to fulfill its mandate and on the time required to resolve complaint investigations. These include the volume and complexity of complaints received and investigated, the quantity of documents reviewed, the number of hearings, the availability of participants, staff availability and the appointment of new members. SIRC will continue to strive to ensure that its investigations of complaints are conducted in a fair, thorough and timely manner. SIRC members will be provided ongoing legal training to assist them in presiding over hearings. SIRC will continue to study best practices of other tribunals and adopt measures to improve its timely and efficient completion of complaints.

Program Activity: Internal Services

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

2010–11 Financial Resources (thousands of dollars)

Planned Spending	Total Authorities	Actual Spending
790	867	1,047

2010–11 Human Resources (FTEs)

Planned	Actual	Difference
2	5	3

Expected Results	Performance Indicators	Targets	Performance Status
n/a	n/a	n/a	n/a

Performance Summary and Analysis of Program Activity

In 2010-11, SIRC achieved a number of important results under the Internal Services Program Activity. These results include: finalizing its Human Resources Authorities, Financial Delegation document and Business Continuity Plan (BCP); developing and finalizing an internal policy on the use of acquisition cards; and creating a new budget-tracking tool to facilitate the collection and management of financial information.

In addition, in 2010-11, SIRC underwent an internal restructuring of its administrative positions.

No formal expected results or performance indicators had been established for this Program Activity at the time of the writing of the 2010-11 Reports on Plans and Priorities.

Lessons Learned

In addition to finalizing a number of Internal Services deliverables in 2010-11, SIRC underwent an internal restructuring of its support positions. The resulting structure combines all general support functions into one group, facilitates cross-training and improves the provision of internal services within the organization. As such, in 2010-11, SIRC improved the alignment of its corporate resources and increased its flexibility as an organization.

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