Backgrounder
As part of its foreign intelligence mandate, the Communications Security Establishment (CSE) conducts a range of activities and programs, including the collection of foreign signals intelligence in support of the Government of Canada’s intelligence priorities. One such program, despite its significance, had never been subject to internal or external review. To assess its legality, necessity, and reasonableness, NSIRA undertook a comprehensive review of this program.
Given that CSE is not allowed to direct its activities at Canadians or individuals in Canada, the proper conduct of its targeting activities is critically important. In this context, NSIRA observed that target development formed part of the program’s activities, which involved a range of tools and techniques, including the use of SIGINT and open-source resources to conduct research on targets. NSIRA identified deficiencies underscoring the need for further examination of CSE’s targeting framework.
The program involves close collaboration with domestic and international partners, allowing CSE to benefit from shared expertise and resources. However, NSIRA found weaknesses in how these partnerships were managed, especially around information sharing. In some cases, CSE failed to appropriately apply its internal framework for assessing mistreatment risks, as required under the Avoiding Complicity in Mistreatment by Foreign Entities Act.
The review also identified significant gaps in the program’s governance and risk management, particularly in operations conducted jointly with partners. In addition, CSE failed to notify the Minister of National Defence about its intent to undertake certain testing and evaluation activities under the authority of a Ministerial Authorization. In addition, the review uncovered systemic issues in how the program is governed and raised concerns about how CSE reports its activities to the Minister of National Defence. NSIRA found that CSE did not fully explain its testing and evaluation activities, nor did it clearly communicate the extent of its operational involvement.
To address these concerns, NSIRA made 11 recommendations highlighting that CSE:
- Ensure its applications for Ministerial Authorizations are complete and transparent;
- Strengthen the governance of its operational activities;
- Improve coordination and communication with domestic and international partners.
The report’s findings highlight the essential role of independent review in upholding accountability in national security operations. NSIRA has since received CSE’s responses to its recommendations as part of the review process. As CSE’s foreign intelligence activities continue to evolve, strong governance and full compliance with Canadian laws and policies must remain at the core of its work.