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Chair’s Message

I am pleased to introduce the Performance Report of the Security Intelligence Review Committee (SIRC or the Committee) for the fiscal year 2008-2009.

Security intelligence operates in an ever-changing environment. Faced with a diverse threat environment of state and non-state actors, increased foreign investigations and growing demands from government stakeholders, the world of security intelligence has become increasingly complex. For SIRC, this backdrop has underscored the importance of independent, expert and informed review of the Canadian Security Intelligence Service (CSIS). As SIRC’s Chair, I take pride in the Committee’s commitment to keep abreast of, and adapt to, the changing security intelligence environment.

SIRC strives 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. Our reviews and complaint decisions provide an important means to reassure Canadians that CSIS investigates threats to national security in a manner that respects Canada’s core democratic values.

Over the past 25 years, Canadians have witnessed important changes in the relationship between the security of the state and the rights and freedoms of citizens. 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 strives to ensure 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

SECTION I – OVERVIEW

Raison D’ être

The purpose of the Security Intelligence Review Committee (SIRC) is to provide assurance to the Parliament of Canada and through it, to Canadians that the Canadian Security Intelligence Service (CSIS) performs its duties and functions in accordance with the law, policy and Ministerial direction.

Responsibilities

The Security Intelligence Review Committee is a small, independent review body that reports to Parliament on the operations of the Canadian Security Intelligence Service. It was established at the same time that CSIS was created in 1984, and derives its powers from the same legislation, the CSIS Act. SIRC’s offices are located in Ottawa.

In order to fulfil its purpose, SIRC has two key Program Activities. The first is to conduct in-depth reviews of CSIS activities to ensure that they comply with the CSIS Act and the various policy instruments that flow from it, and with direction from the Minister. The second is to receive and inquire into complaints by any person about any action of CSIS.

Strategic Outcome

In order to pursue its mandate effectively, SIRC aims to achieve the following strategic outcome:

Program Activity Architecture

The chart below illustrates SIRC’s framework of program activities, which roll-up and contribute to progress toward the organization’s Strategic Outcome.

Summary of Performance

2008-09 Financial Resources ($ millions)

2008-09 Human Resources (FTEs)

Performance Summary

SIRC successfully met its strategic outcome during the period under review. Spending dropped in 2008-2009 mainly due to reduced operational costs, including staff leaves of absence, a reorganization that resulted in a temporary reduction of research staff and a decrease in Committee-related costs while awaiting the appointment of new Members. In addition, resources set aside for the planned relocation of SIRC’s office was not realized.

Contribution of Priorities to Strategic Outcome

Risk Analysis

In recent years, the security intelligence community has undergone several legal, policy and program reforms in response to the evolving threat environment. SIRC continues to monitor discussion and debate about potential and ongoing Government initiatives that may impact upon the nature and scope of SIRC’s reviews and complaints investigations.

The findings and recommendations of the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar (O’Connor Commission) have the potential to affect SIRC significantly. In his policy review, Mr. Justice O’Connor proposed that independent review and complaints investigations be extended to encompass the national security activities of the Canada Border Services Agency, Citizenship and Immigration, Transport, the Financial Transactions and Reports Analysis Centre and Foreign Affairs and International Trade. Mr. Justice O’Connor concluded that SIRC was the logical body to review the national security activities of the latter four entities. A restructured Commission for Complaints Against the RCMP would be responsible for reviewing the national security activities of the Canadian Border Services Agency.

The Government has been studying Mr. Justice O’Connor’s recommendations. The Minister has stated that the Government is waiting for the report from the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182 (Major Commission) before moving forward on this issue. Justice Major’s report is expected in 2009.

Proposed legislation to establish a National Security Committee of Parliamentarians died on the order paper when the previous Government fell in 2006. In March 2009, Liberal Member of Parliament Derek Lee introduced a Private Members’ Bill (Bill C-352) calling for the establishment of a National Security Committee of Parliamentarians. Should this initiative be pursued, its impact for SIRC remains unclear, including its relationship with the proposed Committee and the respective mandates.

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 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.

Given its small size, SIRC struggles with central agency reporting requirements. For instance, SIRC lacks dedicated functional specialists who would be solely responsible for financial and human resource management. As a result, SIRC must increasingly rely on a combination of external contractors and internal staff, which diverts resources from its core functions.

Expenditure Profile

Voted and Statutory Items displayed in the Main Estimates

SIRC’s actual spending in 2008-09 was $2.399 million. As discussed above, spending dropped in 2008-09 mainly due to reduced operational costs (e.g., staffing changes and vacancies) and resources not spent for a planned relocation of SIRC’s office.

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