CSIS (Canadian Security Intelligence Service)

The McDonald Commission and the creation of CSIS

On 6 July 1977 the government announced an inquiry into the activities of the RCMP, led by Mr Justice D. C. McDonald. The final report was made public on 25 August 1981: the RCMP Security Service had engaged in illegal and improper activities and lacked a precise mandate, effective political control and oversight. The commission recommended a separate, civilian agency, because it considered police work and security intelligence to be incompatible.¹

Bill C-157 of May 1983 was replaced, after criticism from a Senate committee, by Bill C-9 (January 1984). The Act came into force on 16 July 1984, except for Part II on warrants, which took effect on 31 August 1984; it established the new civilian service and ended the work of the former Security Service.¹

The mandate in the Act

The Act establishes CSIS, consisting of the Director and employees (s. 3); the Director manages the Service under the direction of the Minister (s. 6). CSIS collects, analyses and retains information on activities that may on reasonable grounds be suspected of constituting threats to the security of Canada – “to the extent that it is strictly necessary” – and advises the Government (s. 12); it may do so within or outside Canada.²

Threats are defined in s. 2: espionage and sabotage, foreign-influenced activities that are clandestine or deceptive, support for acts of serious violence for a political, religious or ideological objective, and activities aimed at overthrowing the system of government by violence. The definition excludes lawful advocacy, protest or dissent unless carried on in conjunction with any of these activities.²

Section 12.1 allows CSIS to take measures to reduce threats, within or outside Canada. At the request of the Minister of National Defence or the Minister of Foreign Affairs, CSIS may assist, within Canada, in collecting information on foreign states and persons (s. 16). A warrant application is made to a judge by the Director or a designated employee, with the Minister's approval (s. 21).²

Oversight

Oversight was originally exercised by the Inspector General (the first, Richard Gosse, appointed on 15 February 1985) and the Security Intelligence Review Committee – up to five members of the Privy Council, the first of whom were appointed on 29 November 1984. SIRC reviewed CSIS's activities, handled complaints and reported to the Minister and to Parliament.¹

In 2017 the National Security and Intelligence Committee of Parliamentarians (NSICOP) was set up, with a mandate to review all government activity in this field. In 2019 the National Security and Intelligence Review Agency (NSIRA) was created, with access to all information except Cabinet confidences, together with the Intelligence Commissioner, who gives binding approval to authorisations before certain activities can begin.^2,3

The 2016 ruling

On 3 November 2016 CSIS announced a Federal Court ruling on the retention of associated data linked to the communications of third parties: the court held that such data could be retained only if they are related to a threat or useful to an investigation. CSIS suspended access to and analysis of these data.⁴