ARCHIVED - Security Intelligence Review Committee

• Previous Page
• Table of Contents
•  

This page has been archived.

Section II: Program Activities by Strategic Outcome

SIRC has only one strategic outcome, described below. In realizing this outcome, the Committee is seeking to ensure that CSIS acts lawfully and effectively in the performance of its duties.

SIRC is situated uniquely to provide context to the debates about the nature and scope of the threat environment, and how these are addressed. Although SIRC does not promote any particular viewpoint or policy perspective, our reviews and complaint decisions provide important snapshots of CSIS’s work—offering examinations of the nature and extent of the threat environment, and whether the Service addresses these threats appropriately and effectively and in a manner that respects its powers and authorities. This outcome is important to Canadians, because it helps to protect their fundamental rights and freedoms. SIRC serves as a cornerstone in assuring the democratic accountability of one of the Government’s most powerful security organizations.

Strategic Outcome: The Canadian Security Intelligence Service (CSIS) performs its duties and functions in accordance with the law, policy and Ministerial direction.

The following section describes SIRC’s program activities and identifies the expected result, performance indicators and targets for each. It also explains how SIRC intends to meet the expected results, and presents the financial and human resources that will be dedicated to each program activity.

The following two program activities will be discussed in this section:

• In-depth reviews of CSIS activities; and
• Inquiries into complaints.

Additional information on these program activities can be found on the Committee’s website (www.sirc.gc.ca).

Program Activity: Reviews

In-Depth Reviews of CSIS Activities
Human Resources (FTEs) and Planned Spending ($ thousands of dollars)
2009-10		2010-2011		2011-2012
FTE	Planned Spending	FTE	Planned Spending	FTE	Planned Spending
12.5	$1,577	12.5	$1,577	12.5	$1,577
Program Activity Results The improvement of CSIS’s performance based on the findings and recommendations that SIRC makes in its reviews.		Performance Indicators		Targets
		Percentage of SIRC’s review recommendations accepted by CSIS		70% of SIRC’s review recommendations accepted by CSIS
		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
		Number of reviews completed as per SIRC’s annual Research Plan		100% of reviews completed per SIRC’s annual Research Plan

Program Activity Summary: The purpose of the Review Program is to conduct reviews of CSIS activities to ensure that CSIS performs its duties and functions appropriately and effectively, and in accordance with legislation, policy and Ministerial Direction. Through a comprehensive and multifaceted program of research, SIRC staff examine various aspects of CSIS’s operations and activities to prepare a retrospective analysis for the Committee’s approval.

SIRC’s research program is designed to address a broad range of CSIS’s duties and functions. This approach allows the Committee to manage the inherent risk of being able to review only a small percentage of CSIS activities in any single year. In selecting reviews, SIRC takes into consideration domestic and world events; issues, priorities and concerns identified by Canadians and Parliament; past reviews; matters of interest identified in complaints investigations; and existing and emerging CSIS activities. Over the course of several years, SIRC is able to examine a significant number of CSIS’s investigations and functions. The Committee must always be prepared to adjust the research program to address unforeseen events.

SIRC’s reviews assess 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, to the Minister of Public Safety. A declassified summary of each review is included in SIRC’s Annual Report. The objective is to provide Parliament and Canadians with “snapshots” of past CSIS operations that, over time, provide a comprehensive picture of CSIS’s performance.

The Review Program has three sub-activities: the production of SIRC’s Annual Report and communications material, outreach and liaison. It is important to note that each of these sub-activities benefits from the contribution of SIRC legal staff involved in the Complaints Program.

SIRC’s Annual Report to Parliament is the main communications vehicle for informing Canadians about its work. To the best of its ability and within the legal constraints governing national security and privacy, every review undertaken and every complaint acted upon, is summarized in SIRC’s Annual Report. In accordance with Section 53 of the CSIS Act, SIRC submits this report to the Minister of Public Safety “no later than September 30” for tabling in Parliament within 15 days of the House sitting. In addition to producing an Annual Report, SIRC also undertakes a modest communications program. Communications material produced for the Committee, including speeches, news releases and backgrounders are posted on SIRC’s website.

Outreach refers to events external to government, such as presentations to seminars and conferences by Committee Members and staff. The Executive Director will make several presentations throughout the year at university seminars.

Liaison refers to maintaining constructive relationships internal to government, such as those with Parliamentary Committees and Commissions of Inquiry. In the past, SIRC has appeared in front of the House Standing Committee on Public Safety and National Security and the Senate Standing Committee on National Security and Defence. SIRC expects to be in contact with Parliament more frequently in the coming year should the government re-introduce legislation to establish a National Security Committee of Parliamentarians, or modify the intelligence accountability system in Canada. SIRC continues to participate in the Review Agencies Forum, which brings together representatives of the Office of the Commissioner of the Communications Security Establishment, the Inspector General of CSIS, and the Commission of Public Complaints against the RCMP.

Planning Highlights: In order to achieve the expected result, SIRC plans to undertake the following activities:

• SIRC will continue to select topics for review that reflect CSIS’s new structure and the increasing complexity of its operations, which includes an increase in foreign activities;
• SIRC may explore the best practices of other domestic and foreign review bodies to refine further its Review Program. SIRC’s participation in the Review Agencies Forum and the International Intelligence Review Agencies Conference offers opportunities in this regard;
• SIRC plans to complete six to eight reviews, while retaining the flexibility to respond to unforeseen events;
• SIRC will visit two CSIS regional offices to meet with senior staff and communicate the Committee’s focus and concerns; and
• SIRC will review one Foreign Officer post abroad to monitor effectively the application of CSIS’s information-sharing arrangements and relationships with foreign agencies.

Program Activity: Complaints

Inquiries into Complaints
Human Resources (FTEs) and Planned Spending ($ Millions)
2009-10		2010-2011		2011-2012
FTE	Planned Spending	FTE	Planned Spending	FTE	Planned Spending
6.5	$569	6.5	$569	6.5	$569
Program Activity Results Parties before SIRC receive a fair and timely resolution of their complaint		Performance Indicators		Targets
		Percentage of SIRC complaint decisions upheld by the Federal Court on judicial review		100% of complaints decisions upheld
		Percentage of complaints where SIRC’s decision on jurisdiction is made within 60 working days of receiving written complaint		85% of all jurisdictional decisions
		Percentage of complaints where SIRC’s report is issued within two years of accepting jurisdiction		85% of all complaint reports

Program Activity Summary: The purpose of the Complaints Program is to receive and inquire into complaints about CSIS brought forward by individuals or groups. SIRC acts as an independent, quasi-judicial administrative tribunal and 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;
• Minister of Public Safety’s reports in respect of the Citizenship Act; and
• Complaints concerning any act or thing done by CSIS in relation to Transport Canada’s Passenger Protect Program and Marine Transportation Security Clearance Program.

Once a written complaint is received, SIRC conducts an initial review. Where a complaint does not meet certain statutory requirements, SIRC declines jurisdiction. If a complaint is accepted, it is usually investigated through a quasi-judicial hearing presided over by a Committee Member, assisted by SIRC’s legal staff. In investigating complaints, SIRC has all the powers of a superior court, and has access to all information in the possession of CSIS, except Cabinet confidences.

A complainant has the right to be represented by counsel and to make representations to the Committee. Pre-hearings may be conducted to establish and agree on procedures with the complainant and/or the complainant’s counsel. SIRC’s counsel provides legal advice on procedural and substantive matters to the presiding Member, and will also cross-examine Service witnesses when, for national security reasons, evidence must be heard in camera, ex parte.

At the completion of a hearing, the complainant is advised in writing of the Committee’s decision, after any national security information has been removed. Depending on the type of complaint, SIRC also sends a report that includes findings and non-binding recommendations to the Minister of Public Safety, the Director of CSIS and, in cases involving denial of a security clearance, to the deputy head of the federal organization involved. A declassified summary of every complaint investigation is included in SIRC’s Annual Report.

Planning Highlights: In order to achieve the expected result, SIRC plans to undertake the following activities:

• SIRC will continue to encourage CSIS to make representations to SIRC regarding its jurisdiction, prior to the Committee making a formal decision on whether or not to accept a complaints case;
• SIRC will provide ongoing legal training to assist Members in presiding over a fair hearing; and
• SIRC will continue to study best practices of other tribunals and adopt measures to improve its timely and efficient completion of investigations.

Program Activity: Internal Services

Corporate Direction and Internal Services consumes roughly one quarter of SIRC’s total resources and covers a number of activities and services, which are essential to the smooth functioning of the organization.

Financial Resources
	2009-10	2010-11	2011-12
($ thousands of dollars)	$773	$773	$773
Human Resources
	2009-10	2010-11	2011-12
Full-Time Equivalents (FTEs)	2	2	2

This activity captures all of the costs associated with monthly meetings attended by Committee Members, including their per diems, travel and accommodation costs. Corporate Direction and Internal Services also includes ongoing refinement to SIRC’s website, as well as the general informatics support required to maintain computing systems. In addition, financial and human resource management services not provided by the Privy Council Office are funded through this activity.

• Previous Page
• Table of Contents
•