ARCHIVED - Security Intelligence Review Committee - Report

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Section II: Analysis of Program Activities by Strategic Outcome

Strategic Outcome

The Security Intelligence Review Committee has one Strategic Outcome: that 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.

This outcome is important to Canadians because it helps to protect their fundamental rights and freedoms. SIRC does not promote any particular viewpoint or policy perspective, and its reviews and complaints reports provide important snapshots of CSIS’s work. SIRC offers careful assessments of whether CSIS has addressed national security threats appropriately, effectively, and in a manner that respects its powers and authorities. As such, SIRC helps to promote democratic accountability in one of Canada’s most powerful security organizations.

SIRC has three Program Activities: The first involves conducting 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 involves conducting investigations pursuant to S.38(c) of the CSIS Act; the final Program Activity involves providing the internal services required to support the functioning of the organization.

The following sections describe SIRC’s program activities, including how they contribute to SIRC’s performance at the strategic outcome level.

Program Activity: Reviews

Program Activity Description

Conduct reviews of CSIS activities in accordance with the annual research plan. Examine CSIS operations; provide a retrospective examination and assessment of specific CSIS investigations and functions. Examine information concerning CSIS's activities; assess CSIS compliance, and issue findings and recommendations. The objective is to provide Parliament and Canadians with a picture of CSIS's operational activities, and assurance that CSIS is acting lawfully.

Financial Resources (thousands of dollars)

2012-13	2013-14	2014-15
1,136	1,136	1,136

Human Resources (Full-Time Equivalent—FTE)

2012-13	2013-14	2014-15
8	8	8

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 of reviews of key elements of CSIS activities and operations.	100% of the statutory requirements, as per CSIS Act, are met.
	Production of SIRC Annual Report.	Submission of SIRC Annual Report to Parliament as per statutory requirements.

Planning Highlights

SIRC’s reviews are designed to provide Parliament and the Canadian public with a broad understanding of CSIS’s operational activities. In carrying out its reviews, SIRC examines how CSIS has performed its duties and functions and determines whether CSIS has acted appropriately, effectively and in accordance with the law. SIRC’s reviews provide a retrospective examination and assessment of specific CSIS investigations, programs and activities.

SIRC’s research program is designed to address a broad range of subjects on a timely and topical basis. In deciding which matters to review, SIRC considers: events or developments with the potential to represent threats to the security of Canada; intelligence priorities identified by the Government of Canada; CSIS activities that could have an impact on individual rights and freedoms; issues identified in the course of SIRC’s complaints functions; new directions and initiatives announced by or affecting CSIS; and the CSIS Director’s annual classified report submitted to the Minister of Public Safety.

Each review results in a snapshot of the CSIS’s actions in a specific case. This approach allows SIRC to manage the risk inherent in being able to review only a small number of CSIS activities in any given year.

The Committee’s reviews include findings and, where appropriate, recommendations. These reviews are forwarded to the Director of CSIS, the Inspector General of CSIS, and Public Safety Canada.

SIRC's reviews assess CSIS's performance and may include findings and non-binding recommendations. These reviews are submitted to the Director of CSIS, Public Safety Canada, the Inspector General CSIS, and, in special circumstances, directly 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 30th" of each fiscal year, for tabling in Parliament within the next 15 days in which the House is sitting.

To achieve its expected results, SIRC plans to undertake the following activities in 2012-13:

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

Program Activity: Complaints

Program Activity Description

Receive and inquire into complaints about CSIS brought by individuals or groups. For example, denials of security clearances, complaints referred by the Canadian Human Rights Commission, actions of CSIS in relation to a former employee. Provide an independent recourse mechanism to investigate complaints. Conduct pre-hearing conferences, preside over complaint hearings, and prepare complaint reports.

Financial Resources (thousands of dollars)

2012-13	2013-14	2014-15
939	939	939

Human Resources (Full-Time Equivalent—FTE)

2012-13	2013-14	2014-15
3.5	3.5	3.5

Program Activity Expected Results	Performance Indicators	Targets
Parties before SIRC receive a fair and timely resolution of their complaint.	SIRC service standards for rendering decisions in Complaints cases.	85% of published service standards are met.
	SIRC complaint decisions rendered reviewed by the Federal Court.	90% of complaint decisions upheld on judicial review (as a percentage of all complaint decisions rendered).

Planning Highlights

SIRC conducts investigations into complaints concerning CSIS made by either individuals or groups. The types of complaints that SIRC investigates are specified in the CSIS Act. Under Section 41 of the CSIS Act, SIRC investigates any act or thing done by the Service; under Section 42, SIRC investigates complaints about denials of security clearances to federal government employees and contractors. SIRC may also conduct an investigation in relation to referrals from the Canadian Human Rights Commission and Minister’s reports in regards to the Citizenship Act.

The time to investigate and resolve a complaint will vary in length depending on a number of factors, such as the complexity of the file, the volume of documents to be examined, the number of hearing days required (both in the presence and in the absence of complainants), and the availability of the participants.

The CSIS Act provides for SIRC hearings to be conducted in private. All parties have the right to be represented by counsel and to make representations at the hearing, but no one is entitled as of right to be present during, have access to, or comment on representations made to SIRC by any other person. A party may request an ex parte hearing (i.e. a hearing in the absence of the complainant or possibly other parties) to present evidence which, for reasons of national security or other reasons considered valid by SIRC, cannot be disclosed to the other party or their counsel. During such hearings, SIRC’s legal team will cross-examine the witnesses to ensure that the evidence is appropriately tested and reliable, in order to provide the Committee's presiding member with the most complete and accurate factual information relating to the complaint. Once the ex parte portion of the hearing is completed, SIRC will determine whether the substance of the evidence can be disclosed to the excluded parties. If so, SIRC will prepare a summary of the evidence and provide it to the excluded parties once it has been vetted for national security concerns.

When SIRC’s investigation of a complaint made under Section 41 is concluded, SIRC provides a report to the Director of CSIS and to the Minister of Public Safety, as well as a declassified version of the report to the complainant.

On completion of an investigation in relation to a complaint under Section 42 of the CSIS Act, SIRC reports its findings and any recommendations to the Minister, the Director of CSIS and the Deputy Head concerned, and provides a declassified version of the report to the complainant.

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.

To achieve its expected results, SIRC plans to undertake the following activities in 2012-13:

• SIRC will continue to study best practices of other tribunals and adopt measures to improve its timely and efficient completion of investigations.
• SIRC will update its Rules of Procedures for Complaints and updates them as required.
• SIRC will continue to monitor its service standards for those elements of the complaints process under its control and ensure they are kept current and up to date on its website; and
• SIRC will provide ongoing legal training to assist new Committee Members in presiding over a fair hearing.

Program Activity: Internal Services

Financial Resources (thousands of dollars)

2012-13	2013-14	2014-15
459	459	459

Human Resources (Full-Time Equivalent—FTE)

2012-13	2013-14	2014-15
4.5	4.5	4.5

Planning Highlights

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.).

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.

As a micro-agency, SIRC relies heavily on experienced staff to ensure that the quality of its work is maintained. The recently developed 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 information technology 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.

• Previous Page
• Table of Contents
• Next Page