ARCHIVED - Security Intelligence Review Committee

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Section I – Overview

Chair's Message

I am pleased to introduce the performance report of the Security Intelligence Review Committee (SIRC or the Committee) for fiscal year 2007-2008.

The past seven years have witnessed fundamental changes to Canada's security and intelligence community. In response to the increasingly complex and still-evolving threat environment posed by international terrorism, most Western democratic governments, including Canada, have implemented fundamental legal, policy and program reforms. For SIRC, these changes have underscored the importance of independent, expert and informed review of CSIS. Our reviews and complaint decisions provide an important means to reassure Canadians that CSIS continues to investigate new and evolving threats to national security in a manner that respects Canada's core democratic values.

The period under review was another important year for Canada's national security accountability regime. A number of judicial decisions affected the Canadian national security environment, including most prominently rulings on the security certificate system, the extraterritorial application of CSIS's warrants, and the ongoing case of Omar Khadr. In addition, the Crown commenced criminal proceedings against terrorist suspects in Toronto in 2007-2008, which will test, in part, the role and involvement of Canada's security community, including CSIS. Two Commissions of Inquiry (the Investigation of the Bombing of Air India Flight 182 (Major Inquiry) and the Internal Inquiry into the Actions of Canadian Officials in Relation to Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin (Iacobucci Inquiry)) continued their work during this period.

As SIRC's Chair, I take pride in the Committee's commitment to keep abreast of, and adapt to, the changing security intelligence environment. We strive to provide assurance to the Parliament of Canada and through it, to Canadians that CSIS is acting effectively, appropriately and lawfully in the performance of its duties and functions. In 2007-2008, SIRC undertook seven in-depth reviews and completed an eighth that was carried over from 2006-2007. SIRC also completed its examination of 37 complaint files. Through this work, the Committee gained valuable insight into a broad range of CSIS operations and investigations and offered a number of important findings and recommendations.

The Canadian Charter of Rights and Freedoms continues to shape and inform SIRC's efforts to ensure that CSIS respects the rights of Canadians while working to preserve national security. The Committee continues to embrace the belief that balancing collective public safety with individual rights is a hallmark of Canada's democratic values and aspirations. It is a theme that I am confident will continue to guide SIRC's work.

I hope that this Performance Report provides insight into SIRC's accomplishments and challenges in carrying out its program activities over the past year. SIRC is proud of its contribution to ensuring that CSIS is effective and accountable, and we accept this duty with an enormous sense of responsibility and commitment.

Honourable Gary Filmon, P.C., O.M.
Chair

Management Representation Statement

I submit for tabling in Parliament, the 2007-2008 Departmental Performance Report for the Security Intelligence Review Committee.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2007-2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
• It is based on the department's approved Strategic Outcome and Program Activity Architecture that were approved by the Treasury Board;
• It presents consistent, comprehensive, balanced and reliable information;
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

Susan Pollak
Executive Director

Summary Information

Total Financial Resources ($ millions)

Total Human Resources (FTEs)

Summary of Performance in Relationship to Departmental Priorities

Departmental Priorities

Program Activity by Strategic Outcome

Summary of Departmental Performance

The Security Intelligence Review Committee (SIRC or the Committee) is a small, independent review body that reports to Parliament on the activities of the Canadian Security Intelligence Service (CSIS or the Service). It was established in 1984 at the same time as CSIS and derives its powers from the CSIS Act.

The Committee's strategic outcome is to provide assurance to the Parliament of Canada and through it, to Canadians that CSIS is complying with the law, policy and Ministerial direction in the performance of its duties and functions. In doing so, the Committee seeks to ensure that CSIS recognizes and respects the fundamental rights and freedoms of Canadians. The Committee is the only independent, external body with the legal mandate and expertise to review the Service's activities, and is, therefore, a cornerstone of Canada's democratic tradition as it ensures the accountability of a government institution, which, of necessity, performs much of its work in secret.

SIRC has two key program activities related to its strategic outcome. The first is to conduct in-depth reviews of CSIS activities to ensure effectiveness, appropriateness and compliance with the CSIS Act, other statutes, policy and Ministerial Direction. The second is to receive and inquire into complaints by any person about any action of the Service.

SIRC is chaired by the Honourable Gary Filmon, P.C., O.M., who was appointed Chair on June 24, 2005. The other Members are the Honourable Raymond Speaker, P.C., O.C., the Honourable Roy Romanow, P.C., O.C., Q.C and the Honourable Aldéa Landry, P.C., C.M., Q.C. The term of the Honourable Baljit S. Chadha, P.C. ended on February 20, 2008 and, on April 22, 2008, Mrs. Landry tendered her resignation from the Committee. All Members of the Committee are Privy Councillors, who are appointed by the Governor-in-Council after consultation by the Prime Minister with the leaders of the Opposition parties.

Priorities

SIRC identified five priorities in its 2007-2008 Report on Plans and Priorities. These were: 1) to produce an Annual Report to Parliament and other high quality communications material; 2) to pursue outreach activities, such as speaking engagements for SIRC's Chair, including participation in an international symposium on accountability; 3) to pursue liaison opportunities and maintain productive working relationships with Parliamentarians, commissions of inquiry and other review agencies; 4) to undertake management accountability initiatives; and 5) to provide quality service to interested parties involved in the complaints process, through the provision of training and the sharing of best practices with Committee Members.

Annual Report and Communications Material

Although SIRC's in-depth reviews of CSIS activities are highly classified, summaries of these reviews, edited to protect national security and privacy but including findings and recommendations, appear in SIRC's annual report to Parliament. Section 53 of the CSIS Act requires SIRC to submit this report to the Minister of Public Safety by September 30 of each fiscal year. SIRC submitted its 2006-2007 annual report to the Minister of Public Safety on September 28, 2007 and it was tabled in Parliament on October 30, 2007.

An important element of SIRC's communications strategy is its website, which is updated continually with information relevant to the security and intelligence community. The website offers clear descriptions of who we are and what we do. All of SIRC's annual reports since its creation are available publicly, as are copies of speeches, backgrounders and other publications.

Outreach

The second priority was to participate in various outreach activities. In June 2007, the Chair delivered a speech entitled "The Canadian Model of Security Intelligence Review" to an international symposium on the accountability of intelligence and security agencies and human rights hosted by in the Netherlands. In November 2007, the Chair presented a paper entitled, "National Security: A Foundation of Economic Prosperity," to the Canadian Business Council in Abu Dhabi, United Arab Emirates. The Chair, Members and SIRC staff also attended the International Conference on the Administration of Justice and National Security in Democracies in Ottawa in June 2007.

SIRC's Executive Director, Senior Counsel and staff participated in a number of meetings and conferences in 2007-2008. The Executive Director and senior staff met with the Australian Inspector General of Intelligence and Security in June 2007 and, in November, with senior officials of the Norwegian Parliamentary Intelligence Oversight Committee. The Executive Director was a panellist at a conference entitled "Balance between Security, Human Rights and Accountability" hosted by the Justice Institute of British Columbia's Committee on Diversity and Policing. SIRC Senior Counsel was a panellist at a symposium on the Charter hosted by the Saskatchewan Institute of Public Policy. In addition, SIRC staff attended the annual Canadian Association of Security and Intelligence Studies conference in Calgary.

In November 2007 and March 2008, the Executive Director lectured on SIRC's role and mandate to students of a course on National Security and Intelligence in the Modern State at Carleton University.

Liaison

SIRC had exchanges with Parliamentarians and other review bodies during the period under review. In June 2007, the Executive Director appeared before the Senate Standing Committee on National Security and Defence to describe SIRC's role and powers as a review body and a quasi-judicial complaints tribunal. In addition, SIRC continued its participation 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 Royal Canadian Mounted Police.

Management Accountability

SIRC responded to several reporting requests from central agencies, such as those associated with expenditure management reforms, the Federal Accountability Act and annual Public Security and Anti-Terrorism (PSAT) initiatives.

SIRC continues to make progress regarding its implementation of a modern management accountability action plan. In 2007-2008, SIRC hired a consultant to provide expert evaluation on performance measurement in support of SIRC's obligations under the Management Resources and Results Structure. As part of this process, SIRC undertook a benchmarking exercise that aligned its performance indicators with those of other comparable agencies such as the RCMP Public Complaints Commission. SIRC worked closely with the Treasury Board Secretariat to produce a finalized performance measurement framework and governance structure in March 2008. At the same time, SIRC submitted to the Treasury Board Secretariat proposed revisions to the wording of SIRC's strategic outcomes and definitions of program activities. This proposal was one outcome of Program Activity Architecture (PAA) consultations that commenced during the 2006-2007 reporting period. As part of these consultations, SIRC identified the need to revise SIRC's outcome and definitions to ensure closer alignment with SIRC's program activities. All approved changes will take effect in 2009-2010.

In November 2007, SIRC introduced policy relating to the Public Servants Disclosure Protection Act (PSDPA). The goal of the policy is to foster an ethical culture of right-doing by demonstrating professional values, principles, and standards of conduct. It identifies the roles and responsibilities of SIRC management and employees with respect to the PSDPA, as well as the process for disclosing possible wrongdoing to the Public Sector Integrity Commissioner (PSIC).

As part of the federal government's commitment to modern management practices, SIRC undertook an analysis of its Terms and Conditions of Employment. As a result of this process, SIRC implemented changes to its Terms and Conditions and reclassified several positions within the organization to better reflect the staff's current roles and responsibilities.

In 2006-2007, SIRC developed a financial management framework to improve the allocation and monitoring of expenses. In this reporting period, the framework was reviewed by a consultant to review the framework who recommended changes to policies and procedures. These were developed and implemented subsequently, as were other corporate policies.

Finally, SIRC awaits the formal report of the Treasury Board Secretariat's audit of hospitality and travel expenses of small federal agencies. SIRC was anticipating an examination of the governance regime of small federal agencies by the Office of the Auditor General of Canada in 2007-2008; however, this audit did not proceed during the period of review.

Quality Service

The fifth priority was to provide quality service to interested parties involved in the complaints process. As a quasi-judicial administrative tribunal, the Committee seeks to serve all interested parties–complainants, respondents, the Canadian Human Rights Commission and other federal departments–in a timely and fair manner and in accordance with the rules of natural justice. The Committee pursues this objective by studying best practices of other tribunals and adopting measures to improve the timely and efficient completion of SIRC's investigations.

In May 2007, the Committee and SIRC counsel received training on the Charter of Rights and Freedoms and in September, the Committee and counsel received training on the law of evidence and administrative law. In addition, during last fiscal year, SIRC counsel participated in Continuing Legal Education offered by the Law Society of Upper Canada and received private training on advanced administrative law and on the Access to Information Act and Privacy Act.

Highlights of Performance

The Committee has one strategic outcome namely, to provide assurance to the Parliament of Canada and through it, to Canadians that CSIS is complying with the law, policy and Ministerial direction in the performance of its duties and functions. This strategic outcome is achieved through the performance of two program activities: reviews and complaints. These activities are discussed in detail in Section II - Analysis of Program Activities by Strategic Outcome. A summary is provided below for your convenience.

Reviews

The Committee undertook eight reviews in 2007-2008, including one carried over from the previous review period:

• Review of CSIS's cooperation with and an investigation of the intelligence agencies of a foreign country;
  
  
• Review of a counter-intelligence investigation;
  
  
• Review of CSIS's Intelligence Assessments Branch;
  
  
• Review of CSIS's support for Canadian operations abroad;
  
  
• Review of CSIS human source operations outside Canada;
  
  
• Review of a counter-terrorism investigation;
  
  
• Review of a Foreign Office post; and
  
  
• Review of a counter-terrorism investigation.

In addition, SIRC reviewed eight of CSIS's arrangements with foreign agencies, one of the Service's domestic arrangements, the CSIS Director's annual report for 2007-2008 and the Inspector General's 2007 certificate.

Complaints

SIRC dealt with 52 complaints in 2007-2008, of which 32 were new and 20 were carried over from 2006-2007. Thirty-seven files were closed by fiscal year end, and 15 were carried forward. SIRC issued five s. 41 reports, dealing with:

• alleged intimidation by CSIS related to a immigration interview;
  
  
• advice provided to the Minister of Citizenship and Immigration related to a permanent residency application;
  
  
• alleged abuse and unfair treatment by CSIS;
  
  
• delay in processing a site-access clearance; and
  
  
• CSIS's use of evidence obtained by torture.

In addition, SIRC issued one report on a complaint referred to it by the Canadian Human Rights Commission under s. 45 of the Canadian Human Rights Act.

Operating Environment and Context

Several factors influenced SIRC's performance during the year under review. While most were anticipated, some issues and initiatives did not evolve as predicted, providing challenges for SIRC in realizing some of its program objectives.

Changes to the Security Intelligence Environment

In recent years, the security intelligence community has undergone several legal, policy and program reforms in response to the evolving threat environment. In various ways, these changes have influenced the nature and scope of SIRC's reviews and complaints investigations. Two examples are instructive in this regard.

First, Securing an Open Society: Canada's National Security Policy (April 2004) called for a greater integration of the various agencies and departments responsible for ensuring public safety and security. Several initiatives have reflected this national priority through integrated processes or structures such as the Integrated Threat Assessment Centre, the Integrated National Security Enforcement Teams, the Terrorist Entity Listing process and the Passenger Protect program. The post-September 11, 2001 era also has seen enhanced international collaboration between Canadian security agencies and foreign partners. This is a necessary outcome of Canada's international military commitments and is part of its strategic response to international terrorism under Canada's national security policy. That said, integration and enhanced interoperability between CSIS and domestic and foreign partners have significantly increased the complexity of SIRC's review function.

Second, in 2006, CSIS began a significant organizational realignment to streamline its operations and to reflect the changed operational environment. This process continued during the period under review and CSIS implemented some new programs and amended policies and procedures that have changed CSIS's operations.

In both instances SIRC has adjusted, and will continue to adjust, its focus to account for CSIS's involvement in new operating environments.

Government Initiatives

SIRC has continued to monitor discussion and debate about potential and ongoing Government initiatives. For example, Transport Canada recently launched two initiatives that could have an impact on SIRC. In 2006-2007, Transport Canada implemented the Marine Transport Security Regulations (MTSR) and in June 2007, the Government of Canada launched the Passenger Protect Program. CSIS plays a supporting role as a member of the Passenger Protect Advisory Group and in providing security assessments for persons subject to the MTSR. Consequently, these programs may increase the volume of complaints received by SIRC. Nevertheless, at this writing, the impact upon SIRC resources has been limited.

SIRC followed closely the deliberations on Bill C-3, which was introduced in October 2007 as a response to the February 2007 Supreme Court decision that found the security certificate process to be incompatible with the Charter. This bill resulted in amendments of the Immigration and Refugee Protection Act (IRPA) and introduced security-cleared Special Advocates who will represent subjects of security certificate proceedings in classified hearings before the Federal Court.

SIRC continues to follow the ongoing debate on the possible expansion of CSIS's mandate to include foreign intelligence gathering abroad. A formal expansion of CSIS's role would have major implications for SIRC, as it would introduce entirely new activities for the Committee to monitor. In addition, SIRC continues to follow discussion concerning lawful access legislation and efforts to modify the way in which law enforcement and security agencies intercept communications.

Examining these and other issues is an ongoing activity. In addition to liaising with other review agencies, both domestically and internationally, SIRC continues to examine academic materials, Parliamentary debates, committee hearings, media reports, and government and non-government documents to gather a range of perspectives into these still-evolving initiatives.

Commissions of Inquiry

During this performance cycle the work of the Major Commission and the Iacobucci Inquiry had an impact on SIRC's work, mainly because of the additional burdens they placed upon CSIS's internal resources, which are the same as those used by SIRC. This has an adverse effect on the Service's capacity to respond in a timely fashion to SIRC's requirements for information.

Resources

In December 2004, Parliament approved Supplementary Estimates that increased SIRC's budget by $344,000 in 2004-2005 and future years. Most of the new funding was used to hire more staff in SIRC's review and complaints programs. Staffing at SIRC continues to pose a challenge as all staff must be security cleared to the Top Secret level. This can create a delay of several months from the time a vacancy first becomes available, to the actual starting date of a new employee. During the period under review, SIRC was not fully staffed, in part, because of this lengthy process.

SIRC created and staffed a new position of Counsel to assist SIRC Senior Counsel in the investigation of complaints. SIRC also staffed the position of Research Manager, a post which had been vacant for approximately one year. Finally, SIRC began the process of filling two positions in the review section.

In December 2007, SIRC began a procedure to review its terms and conditions of employment that had been in effect since January 1990. New terms and conditions were approved in February 2008 and saw the reclassification of several SIRC staff positions in March 2008.

Management Accountability

Given its small staff complement and like other small agencies, SIRC struggles with central agency reporting requirements. While SIRC continues to be fully supportive of modern management accountability, because of the lack of dedicated functional specialists, SIRC must often rely on a combination of internal staff and contracted resources to deliver the required reports.

Links to Government of Canada Outcomes

The whole of government framework used for government reporting has identified 13 Government of Canada outcome areas divided into four areas of spending, namely economic, social, international affairs, and government affairs (also referred to as Program Activities). SIRC has aligned its strategic outcome and program activities with Government Affairs, because it contributes to the achievement of all Government of Canada outcomes.

CSIS's investigation of threats to the security of Canada and cooperation with foreign intelligence agencies contribute to safety and security of Canada, the Canadian marketplace and a strong and mutually beneficial North American partnership. With virtually unlimited access to information under the control of CSIS, SIRC provides assurance to Parliament and Canadians that the Service is carrying out its duties and functions in compliance with law, policy and Ministerial direction. SIRC helps to ensure that CSIS's contribution to the North American partnership respects Canadian law and policy.

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