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Section II - Analysis of Program Activities

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

This outcome is important to Canadians, because it helps to protect their fundamental rights and freedoms. In effect, SIRC is a cornerstone for ensuring the democratic accountability of one of the Government's most powerful organizations.

Strategic Outcome:

The Parliament of Canada and through it, Canadians, are assured that the Canadian Security Intelligence Service (CSIS) is complying with the law, policy and Ministerial direction in the performance of its duties and functions.

Performance Measures

Two, identical performance measurements are used to measure SIRC's Strategic Outcome.

The target is no major incidents of non-compliance. This is determined by the number of reviews and complaints investigations that reported CSIS activities were in compliance with the CSIS Act, Ministerial direction and operational policy. It should be stressed that CSIS – by its own actions – is solely responsible for attaining this target; SIRC's role is simply to report on what it observes in its reviews and complaints investigations and then publish these findings in its annual report to Parliament.

Program Activity 1: Reviews

Financial Resources ($ millions)

Human Resources (FTEs)

The purpose of the Review Program is to conduct reviews of CSIS activities to ensure effectiveness and compliance. The expected result is improvements to CSIS operational policies and procedures, based on the findings and recommendations which SIRC makes in its reviews.

SIRC has virtually unlimited power to review CSIS's performance of its duties and functions. With the sole exception of Cabinet confidences, SIRC has the absolute authority to examine all information concerning CSIS's activities, no matter how highly classified that information may be.

It is important to note that the Committee examines CSIS's performance on a retrospective basis, that is to say, it examines the past activities of the Service. Its work is not intended to provide oversight of current CSIS operations. However, by preparing "snapshots" of highly sensitive CSIS activities over more than two decades, SIRC helps Parliament to determine whether CSIS is acting appropriately and within the law.

SIRC's research program is designed to address a broad range of subjects. This approach allows the Committee to manage the inherent risk of being able to review only a relatively small proportion of CSIS activities in any given year. In planning reviews for 2008-2009 and future years, SIRC will need to keep pace with CSIS's increased level of foreign operations and the changes flowing from its recent organizational realignment. Topics chosen for review are based on domestic and world events; issues, priorities and concerns identified by Parliament; past reviews; and existing and emerging CSIS activities. In the upcoming research cycle, SIRC plans to complete 6-8 reviews, while retaining the flexibility to respond to unforeseen events.

As part of the Review Program, the Committee visits each of CSIS's six regional offices on a rotating basis to inform itself of the day-to-day work of investigators in the field. These trips afford Committee Members with an opportunity to meet with senior CSIS staff, receive briefings on regional issues and communicate the Committee's focus and concerns. The Committee will visit three CSIS regional offices in 2008-2009.

CSIS also maintains a number of posts outside Canada. In order to monitor effectively the application of the Service's information-sharing arrangements with foreign agencies, SIRC conducts regular reviews of these Foreign Officer (FO) posts abroad. One FO post will be included in the 2008-2009 research plan.

Program sub-activities

In addition, the Review Program has three sub-activities: 1) the production of communications material; 2) outreach; and 3) liaison. (These were previously identified as priorities in SIRC's 2007-2008 RPP). 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 s. 53 of the CSIS Act, the Report is submitted to the Minister of Public Safety "not later than September 30" and must be tabled in Parliament within fifteen days of its receipt. All of SIRC's Annual Reports since its creation in 1984 are available on SIRC's website at www.sirc-csars.gc.ca.

In addition to producing an Annual Report, SIRC also undertakes a modest communications program. Communications material produced for the Committee – such as speeches given by SIRC Chair Gary Filmon, news releases or backgrounders – are posted on SIRC's website.

The other two sub-activities are Outreach and Liaison. Outreach refers to events external to government, such as presentations to seminars and conferences by Committee Members and staff. Examples would be the Chair's speech to a Dutch Symposium on Accountability in June, 2007 or the Executive Director's participation in the British Columbia Justice Institute's Diversity Conference in December, 2007. The Chair, several Members and SIRC's Executive Director are planning to attend the next International Intelligence Review Agencies Conference in October, 2008. In addition, the Executive Director expects to make several presentations during the coming year at university seminars.

Liaison refers to maintaining constructive relationships internal to government, such as those with Parliamentary Committees and Commissions of Inquiry. One example of liaison would be the Committee's appearance before the House Standing Committee on Public Safety and National Security in November, 2006. SIRC expects more frequent contact with Parliament in the coming year, if the Government re-introduces legislation to establish a National Security Committee of Parliamentarians.

Performance Measures

Three performance measurements are used to assess the Review Program.

The expected result of this activity is improvements to CSIS's performance. This is measured by the number of SIRC's review recommendations accepted by CSIS; the target being 70 percent. In addition, two indicators are used to measure the program's output of review findings and recommendations. The first is whether the annual research plan approved by the Committee is completed in its entirety; the second concerns how frequently key elements of CSIS's activities and operations are reviewed, given that SIRC can only examine a relatively small proportion in any given year. The target is to review each key activity at least once every five years.

Program Activity 2: Complaints

Financial Resources ($ millions)

Human Resources (FTEs)

In addition to its Review Program, SIRC is responsible for investigating complaints about CSIS. The expected result is sound and well reasoned decisions.

Almost all complaint cases begin as representations to SIRC – either in writing, in person or by phone. SIRC staff respond promptly, usually instructing the prospective complainant about what the CSIS Act requires for a concern to become a formal complaint.

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 of the powers of a superior court, and has access to all information in the possession of CSIS, except for 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 provide legal advice on procedural and substantive matters, and will also cross-examine Service witnesses when, for national security reasons, evidence must be heard in camera, ex parte (behind closed doors, without the complainant being present).

At the completion of a hearing, the complainant is advised in writing of the Committee's decision, once any information with national security implications is removed. Depending on the type of complaint, SIRC also sends a report with findings and recommendations to the Minister of Public Safety, the Director of CSIS and – in cases involving the denial of a security clearance – the Deputy Minister of the federal department involved. Summaries of these reports, edited to protect national security and the privacy of complainants, are also included in SIRC's Annual Report to Parliament.

SIRC investigates five types of complaints:

• complaints "with respect to any act or thing done by the Service" under s. 41 of the CSIS Act;
  
• complaints about denials of security clearances to federal government employees and contractors, under s. 42 of the CSIS Act;
  
• referrals from the Canadian Human Rights Commission under s. 45 of the Canadian Human Rights Act, in cases where the complaint relates to the security of Canada;
  
• Minister's reports in respect of the Citizenship Act; and
  
• complaints from individuals denied permission to board an aircraft under Transport Canada's Passenger Protect Program or "no-fly" list, and from marine workers whose security clearances have been refused or revoked under the Marine Transportation Security Clearance Program, based on an "act or thing" allegedly done by CSIS.

The Committee has no control over the number or nature of the complaints it receives. Their volume and complexity can significantly affect the Committee's budget and operations.

Performance Measures

Three performance measurements are used to assess the Complaints Program.

The expected result of this activity is that parties before SIRC receive a fair and timely resolution of their complaint. This is measured by the number of complaints decisions upheld by the Federal Court, should CSIS decide to seek judicial review. In addition, two indicators are used to measure the program's output of complaints investigations. SIRC has adopted a standard that the Committee should decide whether or not to accept jurisdiction, within 60 working days of receiving a written complaint. The second measure concerns a two year standard for issuing a written report with respect to a complaints investigation, once the Committee has decided to accept jurisdiction. SIRC's target is to meet both of these standards in 85 percent of all complaints investigations.

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