Allegations related to CSIS’s actions that led to the denial of a site access clearance and revocation of a security clearance resulting in loss of employment: Complaint pursuant to section 41 of the CSIS Act

SIRC investigated a complaint pursuant to section 41 of the CSIS Act in which the Complainant alleged that CSIS’s actions led to the revocation of the Complainant’s site access clearance that caused loss of employment. The Complainant further alleged that such actions constituted discrimination and violated the Complainant’s constitutional rights, and that CSIS provided a security assessment that is unfair and unreasonable. Lastly, the Complainant alleged that CSIS denied the Complainant’s site access clearance as a form of retaliation against the Complainant.  

The Complainant requested three remedies from SIRC which are as follows:  

  • CSIS be sanctioned in a manner to ensure its misconduct does not recur in the future;  
  • The Minister provide appropriate redress to the Complainant, including injuries the Complainant has suffered as a result of CSIS’s actions and remedies under section 24 of the Canadian Charter of Rights and Freedoms (the Charter); and  
  • The Minister clear the Complainant of any allegations regarding the security of Canada.  

SIRC considered evidence from the Complainant and CSIS as well as other relevant material made available during the course of the investigation of the complaint.  

SIRC findings  

SIRC found that CSIS acted lawfully and appropriately by denying the Complainant’s security clearance and unsupported the Complainant’s allegation regarding CSIS retaliating against the Complainant.  

SIRC found that the Complainant’s allegation that CSIS acted unlawfully and inappropriately by demanding the Complainant to engage in espionage on its behalf was unsupported.  

SIRC also found that CSIS breached the Complainant’s constitutional rights under section 8 of the Charter.  

SIRC further found that CSIS did not afford the Complainant the level of procedural fairness he was owed in the course of certain investigations.  

SIRC further found that CSIS’s security assessment led to the denial of the Complainant’s site access clearance, which caused loss of employment.  

With respect to the Complainant’s allegation that the Committee refer the matter to the Canadian Human Rights Commission, SIRC found that it would not be appropriate to make such a finding as there is sufficient evidence before it to make findings on the Complainant’s allegations.  

Finally, SIRC found that there was no evidence before it that would lead it to conclude that CSIS acted in bad faith in storing unsolicited material from an organization.  

SIRC recommendation 

SIRC recommended that CSIS follow through on obtaining legal advice in order to thoroughly consider and apply appropriate legal authorities in arriving at its decisions on the actions to take.  

With respect to the Complainant’s request for the recommendations indicated above, SIRC indicated that its mandate is to investigate alleged acts or things done by CSIS.  

SIRC further indicated that it would exceed its mandate by making recommendations to the Minister for action he could consider. Upon considering the Report will be given to the Minister, SIRC was satisfied that the Minister will take any action he deems appropriate in the circumstances and pursuant to his own authorities.  

Conclusion  

SIRC concluded that there is no evidence that would lead to the conclusion that CSIS’s actions constitute discrimination and it would not be appropriate for SIRC to ask the Canadian Human Rights Commission for its opinion and comments about this complaint. For the reasons above, the complaint was supported in part. 

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