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Section II: Analysis of Program Activities by Strategic Outcome

Strategic Outcome

SIRC has only one strategic outcome: that CSIS performs its duties and functions in accordance with the law, policy and Ministerial direction.

SIRC is uniquely situated to provide context to the broader public 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, the reviews and complaint reports provide important snapshots of CSIS’s work. They offer a careful assessment as to whether CSIS 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.

The following section describes SIRC’s program activities, including how they contributed to SIRC’s performance at the strategic outcome level.

SIRC has three Program Activities. The first is to conduct in-depth reviews of CSIS activities in order to ensure that CSIS carries out its duties and functions appropriately, effectively and in accordance with legislation, policy and Ministerial Direction. The second is to conduct investigations pursuant to S.38(c) of the CSIS Act. The third Program Activity encompasses the internal services required to support the functioning of the organization.

Program Activity by Strategic Outcome

Program Activity 1.1: Reviews

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.

Program Activity: Reviews - Human Resources (FTEs) and Planned Spending (thousands of dollars)

2011–12		2012–13		2013–14
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
10	1,162	10	1,162	10	1,162

 

Program Activity Expected Results	Performance Indicators	Targets
The improvement of CSIS’s performance based on the findings and recommendations that SIRC makes in its reviews.	Number of reviews completed as per SIRC’s annual Research Plan.	100% of reviews completed per SIRC’s annual Research Plan.
	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.	100% of the statutory requirements, as per CSIS Act, are met.
	Production of SIRC Annual Report.	Submission of SIRC Annual Report to the Minister of Public Safety Canada as per statutory requirements.

Planning Highlights

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.

SIRC’s Annual Report to Parliament is the primary method 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 “not later than September 30” of each fiscal year, for tabling in Parliament within 15 days in which the House is sitting.

To achieve the expected result, SIRC plans to undertake the following activities:

• SIRC will continue to select topics for review that reflect the increasing complexity of CSIS’s operations;
• SIRC plans to complete six to eight reviews, while retaining the flexibility to respond to unforeseen events;
• SIRC and staff will visit CSIS regional offices and meet with senior staff and communicate the Committee’s focus and concerns; and
• SIRC will review one CSIS Station abroad.

Benefits for Canadians

Canadians derive a direct benefit from SIRC’s Review Program as it is designed to address a broad range of CSIS’s duties and functions. 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 review program to address unforeseen events.

Ensuring that security intelligence in Canada is conducted appropriately, effectively and lawfully in protecting Canada and its citizens—these are responsibilities that SIRC has effectively carried out for over a quarter of a century in Canada. SIRC is a core component in a system of checks and balances defined under the CSIS Act to keep CSIS accountable to Parliament and to all Canadians.

Program Activity 1.2: Complaints

The purpose of the Complaints Program is to receive and investigate complaints about CSIS brought forward by individuals or groups. When 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 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.

If jurisdiction is established, complaints are investigated through a quasi-judicial hearing presided over by one or more Committee members, assisted by staff. A party 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 Complainant and/or the Complainant’s counsel, and with the respondent (CSIS) and the respondent’s counsel.

SIRC’s legal team provides advice on procedural and substantive matters, and will also cross-examine Service and other witnesses when, for national security reasons, evidence must be heard without the Complainant being present.

Once SIRC has established jurisdiction, the time to resolve a complaint can vary 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.

When SIRC’s investigation of a complaint made under Section 41 is concluded, the Committee provides a report to the Director of CSIS, the Minister of Public Safety and the Complainant. Summaries of these reports, edited to protect national security and the privacy of Complainants, are also included in SIRC’s Annual Report to Parliament.

Pursuant to Section 42 of the CSIS Act, individuals who have been denied a security clearance must be informed of this action by the Deputy Head of the organization. These individuals have the right to make a complaint to SIRC and, where appropriate, SIRC will investigate and report its findings and any recommendations to the Minister, the Director of CSIS, the Deputy Head concerned and the Complainant.

Program Activity: Complaints - Human Resources (FTEs) and Planned Spending (thousands of dollars)

2011–12		2012–13		2013–14
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
5	890	5	590	5	590

 

Program Activity Expected Results	Performance Indicators	Targets
Parties before SIRC receive a fair and timely resolution of their complaint.	SIRC will publish service standards for those elements in the complaints process which it controls.	85% of published service standards are met.
	As a percentage of all SIRC complaint decisions rendered, any which are reviewed by the Federal Court, are upheld on judicial review.	90% of complaint decisions upheld (as a percentage of all complaint decisions rendered).

Planning Highlights

To achieve the expected result, SIRC plans to undertake the following activities:

• SIRC will continue to study best practices of other tribunals and adopt measures to improve its timely and efficient completion of investigations.
• SIRC will develop service standards for those elements of the complaints process under its control and publish these on its website; and
• SIRC will provide ongoing legal training to assist Members in presiding over a fair hearing.

Benefits for Canadians

SIRC has taken great care in how it conducts independent investigations into complaints related to the activities of CSIS. We report our results in the fullest manner possible through the Annual Report to Parliament, as well as individual complaint reports. Canadians are thus reassured that CSIS is being held accountable for its actions through a forum for hearing complaints by citizens.

Program Activity 1.3: Internal Services

This activity captures all of the corporate costs associated with the day to day operations of the organization (e.g. informatics, asset management, accommodations, security, corporate reporting, information management, etc.). Also, the administration of meetings attended by Committee Members, are captured within this Program Activity.

Although the Privy Council Office provides some administrative and financial services to SIRC through a Memorandum of Understanding (MOU), the cost of that MOU is accounted for within this Activity. In addition, financial and human resource management services not provided by the Privy Council Office are funded through this activity.

Program Activity: Internal Services - Human Resources (FTEs) and Planned Spending (thousands of dollars)

2011–12		2012–13		2013–14
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
6	788	6	788	6	788

 

Program Activity Expected Results	Performance Indicators	Targets
Achieve greater efficiency and effectiveness within SIRC.	SIRC will develop and implement a HR Plan addressing key areas such as succession planning and staff development and retention.	Completion and approval of HR Plan. Development of strategy for implementation of long term recommendations.
	Finalize internal policies and applicable procedures in the areas of security and asset management.	Approval and dissemination of internal policies.
	Development of a strategy for information management.	Development and approval of a Plan for addressing long term information management strategy.

Planning Highlights

As a micro-agency, SIRC relies heavily on experienced staff to ensure that the quality of its work is maintained. The development of a HR Plan will allow the organization to address such issues as succession planning and staff retention.

A micro-agency such as SIRC cannot afford to be inefficient or miss opportunities to leverage existing technologies in its day to day work. Therefore, SIRC continues to develop its IT infrastructure and its policy framework. SIRC will continue to assess its internal processes and introduce additional internal policies and procedures consistent with its commitment to improving efficiency and implementing modern management practices.

Benefits for Canadians

In strengthening its internal services, SIRC demonstrates its support for well-managed and accountable government. This facilitates the effective and efficient delivery of SIRC’s mandate which provides a direct benefit to Canadians.

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