Investigations

NSIRA has the mandate to investigate the following complaints:

• Complaints against the Canadian Security Intelligence Service (CSIS)
• Complaints against the Communications Establishment Service (CSE)
• Complaints relating to the denial or revocation of security clearances
• Complaints referred to NSIRA by the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC)
• Matters referred to NSIRA under the Canadian Human Rights Act
• Matters referred to NSIRA under the Citizenship Act

You may file a complaint by sending the appropriate form under rule 5.01 to the NSIRA Registrar by mail or courier as well as the required documents (rules 5.03, 5.04 and 5.05). Should you prefer to file your complaint electronically, NSIRA would require your written consent as you would be providing your personal information.

The first step to a complaint is to determine whether NSIRA has jurisdiction (or the mandate) to investigate the complaint (rule 7). Upon receipt of a complaint, the Registrar will notify you that your complaint is deemed received and notify the respondent government department that a complaint has been received. A designated Member will conduct an independent review of the complaint in order to determine whether NSIRA has jurisdiction to investigate the complaint. Where the designated Member concludes it is necessary in order to make the determination on whether NSIRA may investigate the complaint, the Review Agency may request representations on the Review Agency’s jurisdiction to investigate the complaint from the parties.

In deciding whether it has jurisdiction in a CSE, CSIS or RCMP complaint, NSIRA independently inquires into (and verifies) your allegations. NSIRA provides a letter of decision to the parties on whether NSIRA will investigate the complaint. If a party is dissatisfied with NSIRA’s decision, it can ask the Federal Court to review it. This is done by filing an application for judicial review with the Federal Court of Canada within 30 days after the time the decision was first communicated by NSIRA to the parties. Please refer to the Federal Courts Rules – https://laws-lois.justice.gc.ca/eng/regulations/sor-98-106/.

Each NSIRA complaint investigation is conducted by an individual Member (or Members) designated by NSIRA’s Vice-Chair. The Member is the decision-maker in the investigation, assisted by NSIRA’s Investigations section. NSIRA’s Investigations section comprises a legal team of registry staff and legal counsel supporting the NSIRA Members assigned to investigate complaints. The Registry staff liaises with members of the public and complainants and acts as an intermediary between NSIRA and the parties. All letters, email correspondence and all material for complaints received and sent by NSIRA go through the Registrar.

NSIRA’s legal team assists the assigned NSIRA Members in their investigative role as independent decision-makers during an investigation. They ensure that the assigned Member has before them the most complete and accurate factual information relating to a complaint. In the course of an investigation, assigned Members review documentary evidence submitted by the parties and, where they decide it is necessary, will conduct an investigative interview of witnesses and/or will hold a hearing on some or all of the issues. The assigned Member may issue procedural guidance or directions throughout the investigation.

Once the investigation is concluded, the assigned Member will provide a final report to the parties which outlines the findings and/or recommendations NSIRA has made concerning the complaint. NSIRA may make findings, however it does not have the authority to issue binding remedial rulings, such as financial compensation.

The Review Agency will conduct its investigation by reviewing documentary evidence and, if needed, conducting investigative interviews (rule 8).

The Review Agency will first request documentary evidence from the parties (rule 9). This request will be included in the letter of decision that the Review Agency will investigate your complaint. This letter also specifies the Member who has been assigned to investigate your complaint.

Upon reviewing the evidence, the assigned Member will determine whether they need to conduct any investigative interviews of witnesses and/or whether a hearing is necessary.

Your file is not open to the public. Every investigation is conducted in private (section 25(1) of the NSIRA Act). Unless you are represented by counsel or you have provided written consent to be represented by another person, you are the only person present with NSIRA at the interview. If there is a hearing, the responding government party will be present and may present evidence to NSIRA. Whether NSIRA is conducting interviews or hearings, all proceedings are held in private.

You may withdraw your complaint at any time (rule 15.01). You may make your request to withdraw your complaint by notifying the Review Agency in writing. You will receive confirmation that your complaint is now closed.

Yes. You can file a complaint if you reside or are currently outside of Canada.

NSIRA cannot provide legal assistance. However, NSIRA may provide procedural guidance throughout the conduct of the investigation of your complaint to ensure fairness. You may seek representation of a lawyer at your own expense.

You may request an extension by submitting a motion to the Review Agency (rule 3.02). However, you may start by making an informal request for an extension, in writing, to the Registrar (rule 13.03).