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2008-2009
Reports on Plans and Priorities

Security Intelligence Review Committee

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The Right Honourable Stephen Harper
Prime Minister of Canada

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Table of Contents

Section I - Overview

Chair's Message
Management Representation Statement
Raison d'être
Organizational Information
Voted and Statutory Items
Planned Spending and Full-time Equivalents
Summary Information
Planning Environment
Plans and Priorities

Section II - Analysis of Program Activities

Strategic Outcome
Reviews
Complaints

Section III - Supplementary Information

Link to Government of Canada Outcomes

Section IV - Other Items of Interest

Corporate Direction and Internal Services
Contact Information

Section I - Overview

Chair's Message

I am pleased to submit SIRC's Report on Plans and Priorities (RPP) for 2008-2009.

The coming year may bring several changes. The five-year appointments of two Members expire in 2008 and I am hopeful that their replacements will be named promptly to ensure the orderly functioning of the Committee. In addition, the Government is expected to respond to the recommendations of Mr. Justice O'Connor concerning a new review mechanism for the RCMP and an expanded role for SIRC. Finally, the Committee anticipates that the Government will reintroduce legislation to create a National Security Committee of Parliamentarians.

Regardless of the potential impact of these developments on the Committee, our raison d'être remains unchanged. For almost twenty-five years, SIRC has contributed to the accountability of one of the Government's most powerful organizations. By ensuring that CSIS acts lawfully and effectively while carrying out its mandate to guard against threats to Canada's national security, we help to maintain an appropriate balance between protecting public safety and upholding individual rights. This is our continuing commitment to Parliament and the citizens we serve.

I hope that this RPP provides readers with further insight into SIRC's role in preserving a safe, democratic and law abiding society.

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

Management Representation Statement

I submit for tabling in Parliament, the 2008-2009 Report on Plans and Priorities (RPP) for the Security Intelligence Review Committee (SIRC).

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2008-2009 Estimates: Reports on Plans and Priorities:

• It adheres to the specific reporting requirements outlined in the Treasury Board of Canada Secretariat guidance;
  
• It is based on SIRC's strategic outcome and program activities 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 planned spending numbers from the Treasury Board of Canada Secretariat.

Name: Susan Pollak
Title: Executive Director

Raison d'être

The Security Intelligence Review Committee (SIRC or the Committee) is a small, independent review body which reports to Parliament on the operations of the Canadian Security Intelligence Service (CSIS or the 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.

The Committee's raison d'être is to provide assurance to the Parliament of Canada and through it, to Canadians, that CSIS is acting appropriately and effectively in the performance of its duties and functions. In doing so, the Committee seeks to ensure that CSIS does not undermine the fundamental rights and freedoms of Canadians. The Committee is the only independent, external body equipped with the legal mandate and expertise to review the Service's activities, and is, therefore, a cornerstone for ensuring the democratic accountability of one of the Government's most powerful organizations.

To provide this assurance, SIRC has two key Program Activities. The first is to conduct in-depth reviews of CSIS activities to assess their effectiveness and ensure that they comply with the CSIS Act, Ministerial direction and the various policy instruments that flow from it. The second is to inquire into complaints by any person about any action of the Service.

The Service continues at all times to be accountable for current operations through the existing apparatus of government, specifically the Minister of Public Safety, the Inspector General of CSIS, central agencies and the Auditor General, Information Commissioner and Privacy Commissioner of Canada.

Organizational Information

The Chair and Chief Executive Officer of the Committee is 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 Baljit S. Chadha, P.C., the Honourable Roy Romanow, P.C., O.C., Q.C. and the Honourable Aldéa Landry, P.C., C.M., Q.C. (Mr. Chadha's 5-year appointment expired in February, 2008 and at the time of writing, a replacement had not been named). 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.

Voted and Statutory Items Displayed in Main Estimates

Planned Spending and Full Time Equivalents

Summary Information

Financial Resources ($ millions)

Human Resources (FTEs)

Priorities

Program Activities by Strategic Outcome

Planning Environment

SIRC's planning environment has been influenced by several factors although in some cases, their full effect has yet to be determined.

O'Connor Commission of Inquiry

The findings and recommendations of the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar have the potential to affect SIRC significantly.

In September, 2006, Mr. Justice Dennis O'Connor released his Report on the Events Relating to Maher Arar. This seminal report contained 23 recommendations on various aspects of the Royal Canadian Mounted Police's and other agencies' national security activities, such as investigative interaction with countries with questionable human rights records and the issue of Canadians detained abroad. SIRC was pleased to note that Mr. Justice O'Connor's findings concerning CSIS's activities with respect to Mr. Arar were consistent with its own conclusions in its report on this matter.

Three months later, Mr. Justice O'Connor released a companion report summarizing the work of his policy review. Nine of its 13 recommendations dealt with an independent, arm's length review mechanism for the RCMP's national security activities. The report also proposed that independent review and complaints investigations be extended to encompass the same functions 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.

The report also recommended that 'statutory gateways' be enacted linking Canada's three independent review bodies, in order to provide for integrated review and a centralized intake mechanism for complaints. Although SIRC has some concerns about the mandate and potential resource requirements of the proposed Integrated National Security Review Coordinating Committee, SIRC agrees that any legislative impediments to greater coordination and information exchange among existing review bodies, should be addressed.

The Government has been studying Mr. Justice O'Connor's recommendations for more than one year. SIRC remains ready to assume an expanded role, subject to a full and complete assessment of possible workload and resource implications.

Proposed National Security Committee of Parliamentarians

Proposed legislation to establish a National Security Committee of Parliamentarians died on the order paper when the previous Government fell in 2006.

Should the Government pursue this initiative, it remains unclear what impact this new Committee might have on the existing House and Senate committees. SIRC also has questions about its own relationship with the proposed Committee. Although SIRC wants to establish a constructive relationship, it remains concerned about respective mandates and possible overlap and duplication. In addition, SIRC's Members would have to address the legal conundrum of how to respond to Parliamentary requests for classified information, which could conflict with their Oaths of Secrecy and certain provisions of the CSIS Act.

Major and Iacobucci Commissions of Inquiry

In May, 2006, the Government appointed Mr. Justice John Major to lead an independent judicial inquiry into certain aspects of the 1985 Air India bombing. Seven months later, in response to the findings of the O'Connor Commission, the Government announced an inquiry under former Supreme Court Justice Frank Iacobucci, to examine allegations made by three Canadian citizens that information provided by Canadian officials resulted in their detention and torture abroad. When these commissions report to Government (expected in 2008), their analysis and recommendations will be carefully studied to determine if there is any need for follow-up on SIRC's part.

Evolving Role for CSIS

To respond better to developments in the national security intelligence environment, CSIS significantly realigned itself in May, 2006. Essentially, the Service's organizational structure is now geographically-based, with each branch being responsible for investigating all threats emanating from a particular part of the world. It is expected that these changes will increase operational capability; consolidate and enhance analysis and production functions; and ensure enhanced corporate support. Coupled with an increasingly active foreign role (one example being support to Canada's mission in Afghanistan), SIRC's review function will need to adapt, in order to ensure regular albeit periodic examination of all CSIS operations and activities.

Pressures on SIRC's Complaints Program

In June, 2007, SIRC was identified as an alternative redress mechanism to hear complaints from individuals denied permission to board an aircraft under Transport Canada’s Passenger Protect Program or "no-fly" list. In December, 2007, the first phase of the Marine Transportation Security Clearance Program came into effect in several Canadian ports and marine control centres, and the program will be further expanded when the second phase comes into force one year later. Marine workers whose security clearances have been refused or cancelled by Transport Canada and who believe this decision was due to "an act or thing" done by CSIS, can file a complaint with SIRC. Both Transport Canada programs could potentially increase the volume of complaints handled by SIRC, although it is still too early to detect trends.

There could also be a significant impact on SIRC's complaints process, should Mr. Justice O'Connor's policy review recommendations be implemented. SIRC would be required to investigate complaints made against Citizenship and Immigration, Transport, the Financial Transactions and Reports Analysis Centre and Foreign Affairs and International Trade, consistent with the governing legislation for each of those organizations.

Management Accountability

SIRC continues to face challenges because of its small size: it cannot justify hiring dedicated staff who would be solely responsible for financial and human resource management. As a result, SIRC must increasingly rely on external contractors, which diverts resources from its core functions.

Effective human resource management is an ongoing challenge. Inevitably, some vacancies need to be filled each year. However, since all employees must obtain a Level III (Top Secret) security clearance prior to their arrival, it can take months before prospective new employees are vetted. They also require extensive training before they can fully perform their duties. The retention of qualified staff is also problematic, given the realities of today's workforce and its demographics. SIRC is too small to offer its employees long-term career advancement, which puts additional pressure on effective human resource management.

Plans and Priorities

Before discussing SIRC's priorities for 2008-2009, it is important to recognize that all of the Committee's resources are allocated to two Program Activities. The first is to conduct in-depth reviews of CSIS activities to assess their effectiveness and ensure they comply with the CSIS Act, Ministerial direction and the various policy instruments that flow from it. The second is to investigate complaints by any person about any action of the Service. These two Program Activities have not changed significantly since 1984 – the year that SIRC was created.

In last year's RPP, SIRC identified five priorities, but as a result of discussions with the Treasury Board Secretariat, three were more appropriately identified as sub-activities of the Review Program (discussed in more detail in Section II). The remainder have been subsumed within SIRC's ongoing priorities of:

• Continuous improvement in the reviews and complaints programs; and
  
• Improved corporate management.

Continuous program improvement

Under this priority, SIRC will be undertaking several initiatives to improve and refine the Review and Complaints Programs in the coming year.

As previously mentioned, CSIS's organizational realignment and the increasing importance of intelligence collection overseas, has implications for the Review Program. The selection of reviews for SIRC's annual research plan needs to reflect CSIS's new structure and the increasing complexity of its operations, which includes a growing number of foreign activities.

SIRC's research methodology is also continuously evolving. SIRC's reliance on reviewing electronic and paper documentation is increasingly being complemented by briefings and interviews with CSIS staff directly involved in particular operations. In the future, it may also be appropriate to solicit opinions from a broader cross-section of security intelligence experts, and to explore the best practices of other domestic and foreign review bodies to further refine SIRC's Review Program. SIRC's participation in the International Intelligence Review Agencies Conference offers opportunities for networking and knowledge transfer in this highly-specialized field of research.

In the realm of complaints, SIRC will continue to encourage CSIS to make representations to SIRC regarding its jurisdiction, prior to the Committee making a formal decision on whether or not to accept a complaints case. This is intended to avoid as much as possible subsequent jurisdictional challenges after a complaints investigation has begun (or indeed, after SIRC has already ruled on a complaint). Another improvement relates to the provision of ongoing legal training, to assist Members in presiding over a fair hearing in a timely manner. In 2007, the Committee received practical guidance on the relevance and materiality of evidence as well as meeting with the Chair of the Public Service Labour Relations Board to discuss common issues facing administrative tribunals. The Senior Counsel intends to continue providing such training to Committee Members and staff in the coming year.

One recurring challenge in the Complaints Program concerns the timely resolution of investigations. (Some delays, for example, scheduling conflicts between different parties, are beyond SIRC's control). SIRC has employed pre-hearing conferences for over two years to resolve preliminary procedural matters. Working collaboratively with CSIS and representatives of complainants, SIRC remains confident that even greater efficiencies can be realized.

Finally, SIRC intends to make some adjustments to its Rules of Procedure (adopted in 1985) to reflect current practices.

Improved corporate management

Under its second priority, SIRC will be focusing on several human resource issues. Last year, SIRC launched a review of its terms and conditions of employment, following discussions with the Treasury Board Secretariat. These terms were originally approved by Treasury Board Ministers in 1985 and have not been amended since then. Although it is a separate employer, SIRC strives to conform to the current collective agreements governing occupational groups in the federal public service. This exercise should result in modernized terms and conditions which are more reflective of today's working conditions.

A companion aspect of this exercise involves reviewing the classification of SIRC's employees. In particular, SIRC will explore whether researchers currently in the Program Administration (PM) group might more appropriately be classified in another occupational group within the federal public service, to reflect their actual duties. Should some of SIRC's positions be reclassified, the intention is not to increase current salary levels, but rather to improve SIRC's ability to recruit qualified staff.

Another aspect of human resource management concerns the professional development of SIRC staff. National security intelligence is a highly specialized field which is continually evolving in response to the changing threat environment. SIRC will continue to seek opportunities for staff to attend appropriate seminars and conferences. In addition, SIRC intends to increase the number of internal presentations – both to the Committee and staff – to expose them to practitioners with relevant expertise.

Following the proclamation of the Public Servants Disclosure Protection Act in 2007, SIRC instructed its employees to make representations directly to the Public Sector Integrity Commissioner should they become aware of serious wrongdoing. This has been reflected in SIRC's own disclosure policy which was communicated internally to its employees. In the coming year, the Treasury Board plans to introduce a federal code of conduct for the public sector. SIRC will need to develop additional internal policies relating to this new code and to amend the aforementioned disclosure policy.

SIRC also expects additional reporting requests from central agencies, associated with reforms to expenditure management and the passage of the Federal Accountability Act.

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.

Section III – Supplementary Information

Table 1: Link to Government of Canada Outcomes

SIRC's strategic outcome contributes to one of the Government of Canada's outcomes: specifically, a strong and mutually beneficial North American partnership. It is clear that Canada's prosperity and security are closely linked to its relationship with its continental partners, all of whom are committed to the social well-being, economic success and the safety and security of their citizens. Security intelligence helps to safeguard this relationship, and the review function contributes to the effectiveness of these agencies. SIRC ensures that CSIS's contribution to a strong and mutually beneficial North American partnership is lawful and effective.

The table "Services Received Without Charge" is available on the Treasury Board Secretariat website at: http://www.tbs-sct.gc.ca/rpp/2008-2009/info/info-eng.asp

Section IV – Other Items of Interest

Corporate Direction and Internal Services

Because "Corporate Direction and Internal Services" is not considered a separate program activity, it was not discussed in Section II. Resources are simply included as part of the overall allocation for those activities. However, because Corporate Direction and Internal Services consumes roughly 26 percent of the organization's total resources and covers a number of activities and services which are essential to the smooth functioning of the organization, SIRC is providing the following breakdown.

Financial Resources ($ millions)

Human Resources (FTEs)

All of the costs associated with monthly meetings attended by Committee members, their per diems, plus travel and accommodation costs, are captured under this activity. Corporate Direction and Internal Services also includes ongoing refinements to SIRC's website, as well as the general informatics support required to maintain internal computing systems. In addition, financial and human resource management services which are not provided to SIRC by the Privy Council Office, are funded through this activity. Finally, the salaries of two executives providing corporate direction and one administrative head who supports them, are also included.

Contact Information

Security Intelligence Review Committee 
P.O. Box 2430 Station "D"
Ottawa, Ontario
K1P 5W5

Telephone: (613) 990-8441
Facsimile: (613) 990-5230
Internet: www.sirc-csars.gc.ca
E-Mail: ellardm@sirc-csars.gc.ca

Legislation Administered:

The Canadian Security Intelligence Service Act

Table 10: Services Received Without Charge