Backgrounder
The Security Intelligence Review Committee (SIRC) began reviewing the Canadian Security Intelligence Service’s (CSIS) information-sharing practices with non-Canadian entities before NSIRA was established. In 2019, when the NSIRA Act was passed, NSIRA finalized the completion the review.
CSIS considers information sharing with non-Canadian entities essential to its mandate of investigating and protecting against threats to Canada’s security. This review focuses on activities from 2018-2019, prior to the passing of the Avoiding Complicity in Mistreatment by Foreign Entities Act (ACA).
Previous SIRC reviews of CSIS had raised concerns about its information-sharing practices with foreign entities, including:
- Inadequate evaluation and documentation of risks related to caveats and assurances,
- A need for more consistent adherence to Deputy Director Operations directives, and
- Failure to secure or maintain assurances on the handling of disclosed CSIS information.
This review focused on whether CSIS has addressed these concerns. It found issues in the decision-making process, particularly when sharing information with persons at higher risk of mistreatment. The review also looked at how policy and procedure changes could improve compliance.
Since the time this review was completed, CSIS made several key updates to its information-sharing policies and procedures. These changes were influenced by the ACA’s passage and recommendations from other NSIRA reviews of CSIS which occurred since 2019. NSIRA also now conducts an annual review of the implementation of ACA-related directions, including those at CSIS. This annual review ensures that the Government of Canada is accountable for the information it shares with foreign partners and upholds Canadian values and commitments.
