Investigation Concerning Allegations Against the Canadian Security Intelligence Service

Background 

The Complainant filed a complaint against the Canadian Security Intelligence Service (CSIS) regarding its involvement in different incidents with airport authorities while the Complainant was travelling. 

In addition, the Complainant alleged harassment, possible interference with employment opportunities, interference with a passport application, intercepting and reviewing mail, and disrupting personal relationships. 

Investigation 

During the investigation, the Complainant raised several separate incidents that led to the filing of their complaint. NSIRA reviewed the evidence before it to determine whether CSIS’s actions were reasonable and proportionate in the circumstances; whether CSIS’s actions constituted harassment; and whether it had acted lawfully. 

NSIRA considered the evidence given by witnesses, the documentation submitted by the parties, as well as other relevant material made available during the course of the investigation of the complaint. NSIRA also heard evidence provided by the Complainant. 

With respect to one specific incident in dealing with airport authorities while travelling, NSIRA heard evidence by witnesses regarding section 8 of the Canadian Charter of Rights and Freedoms (Charter). Section 8 of the Charter provides that everyone has the right to be secure against unreasonable search and seizure. 

Conclusion 

With respect to all allegations, NSIRA determined that the complaint is unsupported. However, concerning events related to CSIS participating in a Canada Border Services Agency search of the Complainant’s cell phone at an airport on one occasion, NSIRA found that CSIS breached section 8 of the Charter 

NSIRA concluded that CSIS did not take the Complainant’s privacy interests casually and did not deliberately disregard privacy considerations in relation to the search. The breach of section 8 of the Charter was not egregious and constituted an error in judgment.