Denial of a Security Clearance: Complaint pursuant to section 42 of the CSIS Act

SIRC investigated a complaint pursuant to section 42 of the CSIS Act concerning the denial of the Complainant’s security clearance at any level by a Department. The Department also revoked the Complainant’s reliability status. SIRC found that there were reasonable grounds to deny the Complainant’s security clearance based on the totality of the information and evidence provided as a result of the security screening process.  

Upon the evidence before it, SIRC investigated the security screening process conducted by CSIS and the Department. SIRC heard evidence on the security clearance process, and the policies and authorities in place for the decision-making on the security clearance assessment.  

During its testimony, the Complainant alleged that he was subject to intimidation and harassment in his work environment as a result of the impact of the security screening investigation and that he was under surveillance by the American and Canadian security services and police services. The Complainant denied the allegations made following the results of the security assessment.  

SIRC was satisfied that the Complainant was afforded procedural fairness during both the CSIS screening investigation and the Department’s security screening review process. SIRC found that the Complainant was properly informed regarding the considerations provided and was given an opportunity to respond to them.  

SIRC investigated the findings regarding the CSIS Security Assessment. SIRC was satisfied that the information relied upon by CSIS was accurate, credible, represented fairly and cast in its proper light.  

SIRC findings and recommendation  

SIRC found that there were reasonable grounds under the Policy on Government Security and Personnel Screening Standard for the Deputy Head of the Department to deny the Complainant’s security clearance.  

SIRC was satisfied with the accuracy of the information upon which the Department relied to make the decision.  

For these reasons, SIRC recommended that the decision to deny the security clearance be upheld.