Allegations against CSIS for racial profiling, interrogation and harassment, information sharing with foreign agencies, travel difficulties, and citizenship issues

The Complainant alleged that CSIS had been racially profiling them; that CSIS agents harassed and interrogated them on multiple occasions; that CSIS shared information about them with foreign countries, leading to them having travel difficulties; that CSIS was responsible for their travel difficulties; and that CSIS put their citizenship application on hold. 

SIRC took jurisdiction of this complaint in 2018, and when NSIRA came into force in 2019, this investigation was deemed to be continued before NSIRA. 

In the investigative report, NSIRA provided clarity on the standard of review in section 16 complaints — namely, that NSIRA is charged with making findings and recommendations with respect to legality, reasonableness, and necessity in the exercise of CSIS’s powers. In gauging reasonableness and necessity, the Member adopted an objective standard: would a reasonable person charged with exercising CSIS’s mandates and apprised fully of the facts, as were available to CSIS, conclude that CSIS’s exercise of its powers was necessary and proportional? 

On the facts of this investigation, NSIRA found that the allegations were unsubstantiated, but made several recommendations. The recommendations addressed observations concerning how CSIS manages the aftermath of section 12 investigations and the circumstances in which CSIS should retract or correct information that it shared with foreign agencies.