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Review of the Canadian Security Intelligence Service-Royal Canadian Mounted Police relationship in a region of Canada through the lens of an ongoing investigation: Responses

Review of the Canadian Security Intelligence Service-Royal Canadian Mounted Police relationship in a region of Canada through the lens of an ongoing investigation


Responses

CSIS-RCMP relationship in a region of Canada through the lens of an ongoing investigation (NSIRA 2019-04)

NSIRA Recommendation: CSIS invest the resources needed to develop a broader range of sources of information in order to prevent further serious damage to the reviewed investigation.

CSIS-RCMP Response: Due to the variety of factors inherent in each investigation, CSIS always considers how best to collect information and mitigate threats, drawing on a number of tools and resources – in accordance with the CSIS Act and ministerial direction – dependent on the situation.

NSIRA Recommendation: CSIS and the RCMP prioritize the deployment of usable and compatible secure communications systems in order to make regional de-confliction more efficient.

CSIS-RCMP Response: CSIS and the RCMP are prioritizing the deployment of compatible secure communication. The CSIS Director and the RCMP Commissioner approved the development of a CSISRCMP Secure Communications Strategy, the implementation of which is already underway.

NSIRA Recommendation: CSIS and the RCMP continue to prioritize the timely implementation of recommendations from the Operational Improvement Review (OIR) in order to help address the operational shortcomings reported by the OIR and further illustrated in this review.

CSIS-RCMP Response: CSIS and the RCMP remain committed to implementing the OIR recommendations as well as the implementation of One Vision 3.0.

The OIR resulted in 76 recommendations, some of which include enhanced collaboration and information sharing in national security investigations, additional training for national security personnel, as well as the improved handling and disclosure of sensitive and classified information. Significant effort has been undertaken to ensure recommendations are adopted and implemented within both organisations. Some of the early successes include pilot projects such as the Leads Pilot that has resulted in enhanced CSISRCMP de-confliction within national security areas of focus.

The RCMP and CSIS continue to be fully supportive of implementing these needed changes to our organisations. This work, and efforts of the broader community, will ensure that the Government of Canada has a strong foundation of enhanced collaboration and the best tools available to mitigate threats and ensure public safety. This complex work however, is ongoing and challenges remain, particularly as it relates to the issue of intelligence and evidence. These significant challenges will require a whole-ofgovernment approach in order to address.

NSIRA Recommendation: CSIS and the RCMP develop a properly resourced complimentary strategy to address the threat examined in this report. In accordance with the vision set out in the Operational Improvement Review, the strategy should consider the full range of tools available to both agencies.

CSIS-RCMP Response: CSIS and the RCMP coordinate and collaborate on national security threats and use strategies and resources best suited to individual operations.

As a result of the OIR, discussions between CSIS and the RCMP are more frequent and occur earlier in the process which has reduced the duplication of efforts between both of our agencies

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Review of Canadian Security Intelligence Service’s threat reduction activities: CSIS Responses

Review of Canadian Security Intelligence Service’s threat reduction activities


Responses

NSIRA Recommendation: CSIS create an accountability framework for information related to TRMs, and that this information be documented and retained in a central, easily retrievable location.

CSIS Response: CSIS’s robust governance framework for its TRM authorities has been the subject of review by both SIRC and NSIRA. As a result of these reviews, considerable adjustments have been made to the governance of TRMs.

CSIS is developing an improved organisational case management tool. While that work occurs, CSIS is implementing interim measures to respond to NSIRA’s recommendations. Finally, CSIS is leveraging additional communication methods to ensure awareness of the TRM specific requirements.

NSIRA Recommendation: CSIS create a formalized and documented process that ensures pertinent facts regarding TRM subjects are provided to the National Security Litigation and Advisory Group (NSLAG) to ensure that it has the information necessary to provide considered legal advice on the identification and selection of interviewees for inclusion in TRMs.

CSIS Response: CSIS and the Department of Justice have a collaborative relationship that fosters discussion and allows for continuous engagement. When parliament established CSIS’s threat reduction mandate, CSIS worked closely with the Department of Justice to develop an appropriate and robust governance framework. This framework includes a formal and documented process to seek a legal risk assessment as well as practical guidance regarding relevant information and level of detail required for TRM submissions.

CSIS engages the Department of Justice to ensure all requirements of the CSIS Act are met including consideration that measures are reasonable and proportional to the threat and warrants are obtained if required. CSIS ensures this guidance is applied so that TRMs remain lawful and respect all Canadian laws, including Charter rights and freedoms.

NSIRA Recommendation: CSIS develop an accountability framework for compliance with legal advice on TRMs, including documenting when and why legal advice was not followed.

CSIS Response: CSIS’s compliance framework provides an opportunity to report instances of potential non-compliance with Ministerial Direction, internal policies or procedures, and the law. In instances where this may occur, CSIS’s Compliance program remains well situated to complete requisite fact finding and engage with the Department of Justice.

The Department of Justice provides advice to ensure TRMs remain lawful and respect the right of Canadians. CSIS diligently applies these principles and guidance from the Department of Justice in the execution of all TRMs. While advice from the Department of Justice does not provide explicit and tactical directions on the execution of TRMs, CSIS considers all Justice advice during its operational deliberations.

NSIRA Recommendation: When considering whether a Charter right is limited by a proposed TRM, NSLAG should undertake a case-by-case analysis that assesses factors identified in our report.

CSIS Response: The Department of Justice will further consider this recommendation and factor it into its work related to TRM under the CSIS Act. CSIS and the Department of Justice will continue to build their long-established and collaborative relationship in order to improve and refine the governance of TRMs.

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Review of Canadian Security Intelligence Service’s threat reduction activities: A Focus on Information Disclosure to External Parties

Review of Canadian Security Intelligence Service’s threat reduction activities: A Focus on Information Disclosure to External Parties


Last Updated:

Status:

Published

Review Number:

21-07

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Financial Transactions and Reports Analysis Centre of Canada’s Information Sharing Regime

Financial Transactions and Reports Analysis Centre of Canada’s Information Sharing Regime


Last Updated:

Status:

Cancelled

Review Number:

22-03

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Canada Border Services Agency’s NS&I Mandate and Authorities

Canada Border Services Agency’s NS&I Mandate and Authorities


Last Updated:

Status:

Cancelled

Review Number:

23-16

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Review of the Canadian Forces National Counter-Intelligence Unit

Review of the Canadian Forces National Counter-Intelligence Unit


Last Updated:

Status:

Published

Review Number:

19-01

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Study of the Government of Canada’s use of Biometrics in the Border Continuum

Study of the Government of Canada’s use of Biometrics in the Border Continuum


Last Updated:

Status:

Published

Review Number:

20-08

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NSIRA Review arising from Federal Court’s Judgment in 2020 FC 616

NSIRA Review arising from Federal Court’s Judgment in 2020 FC 616


Last Updated:

Status:

Published

Review Number:

21-18

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Review of Departmental Frameworks for Avoiding Complicity in Mistreatment by Foreign Entities 2017 MD

Review of Departmental Frameworks for Avoiding Complicity in Mistreatment by Foreign Entities 2017 MD


Last Updated:

Status:

Published

Review Number:

19-06

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Review of federal institutions’ disclosures of information under the Security of Canada Information Disclosure Act in 2021

Review of federal institutions’ disclosures of information under the Security of Canada Information Disclosure Act in 2021


Last Updated:

Status:

Published

Review Number:

22-06

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