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Review of Departmental Implementation of the Avoiding Complicity in Mistreatment by Foreign Entities Act for 2024

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Status:

In Progress

Review Number:

25-02

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Canada Border Services Agency Enforcement Flags: Notification Letter

Canada Border Services Agency Enforcement Flags


Notification Letter

Date of Publishing:

NSIRA’s Notification Letter

Dear Minister Blair,

I am writing on behalf of the Members of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated a review of the Canada Border Services Agency’s (CBSA) use of enforcement flags.

This review is being conducted pursuant to paragraph 8(1)(a) and (b) of the National Security and Intelligence Review Agency Act (NSIRA Act). The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, with the exception of Cabinet confidences.

Enforcement flags are intelligence products designed to identify a person, business, or conveyance that may pose a threat to the safety, security, or economic prosperity of Canadians at the border. This review will assess whether the CBSA’s use of enforcement flags is lawful, reasonable, and necessary – including in situations where flags are issued by, or on behalf of, the Canadian Security Intelligence Service and the Royal Canadian Mounted Police. For the purpose of this review, enforcement flags include, but are not limited to, CBSA’s lookouts.

NSIRA will engage with your officials regarding this review. As the review progresses, NSIRA’s review team will be in regular contact with them with requests for information. Such requests may involve documents, system access, written explanations, briefings, interviews, surveys, and any other information that NSIRA determines to be of relevance to this review. This review may also include independent inspections of some technical systems. NSIRA’s expectations for responsiveness are available online at https://nsira-ossnr.gc.ca.

I thank you in advance for your cooperation and support to the independent review process, which is key to transparency and democratic accountability.

Sincerely,

The Honourable Marie Deschamps, C.C.
Chair, National Security and Intelligence Review Agency

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Royal Canadian Mounted Police’s National Security Criminal Investigations: Notification Letter

Royal Canadian Mounted Police’s National Security Criminal Investigations


Notification Letter

Date of Publishing:

NSIRA’s Notification Letter

Dear Minister LeBlanc,

I am writing on behalf of the Members of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated a review of the Royal Canadian Mounted Police’s (RCMP) National Security Criminal Investigations.

This review is being conducted pursuant to paragraph 8(1)(b) of the National Security and Intelligence Review Agency Act (NSIRA Act). The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, with the exception of cabinet confidences.

NSIRA will review the RCMP’s national security program activities as they relate to national security criminal investigations. NSIRA expects to review the techniques used by the RCMP to investigate national security matters and how the RCMP establishes reasonable grounds to investigate. This will include a review of the RCMP’s decision-making and information sharing practices, as well as the policies and procedures utilized in the deconfliction with partners, particularly with Canadian Security Intelligence Service (CSIS). The review will assess the reasonableness, necessity, and efficacy of the RCMP’s exercise of its mandate in this area.

NSIRA will engage with your officials regarding this review. As the review progresses, NSIRA’s review team will be in regular contact with them with requests for information. Such requests may involve documents, system access, written explanations, briefings, interviews, surveys, and any other information that NSIRA determines to be of relevance to this review. This review may also include independent inspections of some technical systems. NSIRA’s expectations for responsiveness are available online at https://nsira- ossnr.gc.ca.

I thank you in advance for your cooperation and support to the independent review process, which is key to transparency and democratic accountability.

Sincerely,

The Honourable Marie Deschamps, C.C.
Chair, National Security and Intelligence Review Agency

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Review of the Passenger Protect Program and Secure Air Travel Act: Notification Letter

Review of the Passenger Protect Program and Secure Air Travel Act


Notification Letter

Date of Publishing:

NSIRA’s Letter to the Ministers

Dear Ministers,

I am writing on behalf of the Members of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated a review of Passenger Protect Program, within the context of its legislative framework, the Secure Air Travel Act (SATA).

This review is being conducted pursuant to paragraph 8(1)(b) of the National Security and Intelligence Review Agency Act (NSIRA Act). The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, with the exception of cabinet confidences.

NSIRA’s review will examine processes for listing or de-listing individuals under section 8 of the SATA, and related administrative recourse. The review may also consider how the SATA list is used to screen air passengers. As such, NSIRA will review activities carried out by the following departments and agencies: the Canada Border Services Agency (CBSA); the Canadian Security Intelligence Service (CSIS); the Department of Justice (DoJ); Global Affairs Canada (GAC); Immigration, Refugees, and Citizenship Canada (IRCC); Public Safety Canada; the Royal Canadian Mounted Policy (RCMP); and Transport Canada.

NSIRA will engage with your officials regarding this review. As the review progresses, NSIRA’s review team will be in regular contact with them with requests for information. Such requests may involve documents, system access, written explanations, briefings, interviews, surveys, and any other information that NSIRA determines to be of relevance to this review. This review may also include independent inspections of some technical systems. NSIRA’s expectations for responsiveness are available online at https://nsira-ossnr.gc.ca.

I thank you in advance for your cooperation and support to the independent review process, which is key to transparency and democratic accountability.

Sincerely,

The Honourable Marie Deschamps, C.C.
Chair, National Security and Intelligence Review Agency

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