Backgrounder

KEY TAKEAWAYS

• The use of confidential human sources is an activity that carries inherent risks, including to the safety and security of human sources themselves.
• CBSA has operated its human source program since 1984, but it wasn’t until 2014 that formal policies and standard operating procedures were established.
• CBSA’s human source program, as an investigative tool supporting its mandate, operates within a legally sound framework.
• NSIRA made six recommendations to strengthen the governance of the program, stressing the importance of prioritizing the safety and well-being of human sources in all aspects of CBSA operations.

In 2021, the National Security and Intelligence Review Agency (NSIRA) began its review of the Canada Border Services Agency’s (CBSA) Confidential Human Source Program, building upon earlier work by the National Security and Intelligence Committee of Parliamentarians (NSICOP) in this area. While CBSA had been the subject of previous NSIRA reviews, this marked one of NSIRA’s first in-depth reviews specifically focused on CBSA activities.

CBSA’s mandate in national security and intelligence is extensive and complex. In this review, NSIRA focused on the use of confidential human sources, an activity that carries inherent risks. These risks encompass not only the safety and security of the individuals operating as human sources, but also the broader implications of managing such a program. CBSA has operated its human source program since 1984,  but it wasn’t until 2014 that formal policies and standard operating procedures were established. Operating for decades without a formal, documented framework significantly heightened these risks.

This CBSA review was part of a broader series of three NSIRA reviews, with the others  focusing on  the Royal Canadian Mounted Police (RCMP) and the source handling operations of the Department of Defence/ Canadian Armed Forces (DND/CAF) human source programs. All three reviews addressed critical issues: managing and assessing risks, ensuring the welfare of sources, and ensuring proper ministerial direction and accountability. These areas are essential for ensuring that human source programs are accountable, lawful, and ethical.

The review found that CBSA’s human source program, as an investigative tool supporting its mandate, operates within a legally sound framework. However, it identified several gaps in the program’s governance, and in two cases, raised concerns about potential legal non-compliance.

 NSIRA made six recommendations to strengthen the governance of the human source program. These recommendations stress the importance of prioritizing the safety and well-being of human sources in all aspects of CBSA operations. They also reinforce NSIRA’s ongoing commitment to ministerial accountability. Overall, the findings and recommendations reflect the continued development of CBSA’s human source program. Although the program has been in place for nearly 40 years, the introduction of formal policies governing human sources is a more recent change, and the review highlights CBSA’s ongoing efforts to improve the program’s governance and operations.