Canadian Security Intelligence Service
A civilian security intelligence organization of the Canadian Government responsible for conducting counter-intelligence, counter-terrorism, counter-proliferation against any potential threats against Canadian interests. CSIS is also responsible for and security screening of government officials. Originally, CSIS fell under the direction of the Solicitor General, however, in a recent reorganization in now falls under the Minister of Public Safety Canada. [1] The agency co-operates with various allies including Australia, Great Britain, the United States, New Zealand, and her NATO allies.
Intelligence Agencies in Canada Before CSIS
The first Canadian intelligence collection agency was set-up by Prime Minster Sir John A. MacDonald in 1864. This force was called the Western Frontier Constabulary and was responsible for monitoring the situation along the borders between Upper Canada (Ontario) and the United States. For Lower Canada (Quebec) the Montreal Water Police was established. Both organizations reported to the Prime Minister. [2]
The Frontier Constabulary's first mission was to monitor Canada's border with the U.S. during the American Civil War. After the war, its focus turned to the Fenians. The Fenians were Irish nationalists who carried out several invasions of Canada in an attempt to overthrow British rule. In 1868 the two police forces were replaced by the Dominion Police Force.
The Dominion continued its mission until 1920 when the organization was amalgamated with the Royal Northwest Mounted Police to form a new organization, the Royal Canadian Mounted Police. During this time the RCMP's security and intelligence function was fairly small-scale. It wasn't until the outbreak of World War II and the subsequent Cold War saw an expansion of the RCMP's security/intelligence operations. [3]
In 1946, the Special Branch was created. Ten years later a second re-organization took place with the creation of the Directorate Security and Intelligence ("I" Division). Finally, in 1970 a third reorganization took place with the formation of the RCMP-Security Service.[4]
Creation of CSIS
In the early '70's the RCMP-Security service was implicated various activities "not authorized or provided for by law." To look into these allegations, a Royal Commission [5] was established in 1977. This commission was called "The Commission of Inquiry Concerning Certain Activities of the Royal Canadian Mounted Police[6]." and was headed by Mr. Justice D.C. McDonald and was more commonly known as the "McDonald Commission." Over a four year period the McDonald Commission investigated the Security Service and found the service had been involved in numerous illegal activities. The main recommendation of the Commission was that the RCMP-Security Service should lose its security intelligence function and that a new civilian intelligence agency be formed to replace it. [7]
In May 1983, the federal government acting on the commissions report tabled Bill C-157, An Act to Establish the Canadian Security Intelligence Service (CSIS). because of concerns of possible threats to civil liberties a Senate special commission was established to hold public hearings into Bill C-157. After the Senate committee made its report, Bill C-157 was allowed to die. Early in 1984, a second bill, Bill C-9 was introduced and came into force in August 1984 and became the CSIS Act.[8] which in turn led to the creation of the Canadian Security Intelligence Service.
CSIS - Duties and Responsibilities
The CSIS Act defines the duties and responsibilities of CSIS and is divided in to three parts. Part I among other things, defines the duties and responsibilities of its director; who the agency can collect information on; what kind of information it can collect and who it can liaise with (including foreign governments). Part I also deals with salaries, pension benefits and discipline and arbitration issues relating to CSIS employees.
Part II sets out the judicial controls of the agency including the issuance of warrants.
Parts III defines the duties of the agencies Inspector General and Security Intelligence Review Committee (SIRC).[9]
Threats to Security
The main role of CSIS is to investigate and collect information and intelligence pertaining to any activities that could be perceived as a threat to Canada or Canadian interests. These threats do not necessary have to take place in Canada and can include threats against Canadian allies. This also covers any activity in support of these threats. According to the CSIS Act threats to the security of Canada are defined as:
(a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage,
(b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person,
(c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and
(d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada,
but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d). [10]
Security Assessments
CSIS is also authorized to conduct security assessments for other federal departments, the provinces or provincial departments or provincial police departments. CSIS may also, with approval of the Solicitor-General and Minister of Foreign Affairs enter into agreements with foreign governments and institutions (e.g. CIA, FBI, MI5, etc) to provide them with security assessments.
Also, as part of the security assessment process CSIS required to perform security screening (i.e. background checks) on any federal employee or government contractor who in the performance of their duties require access to classified material and therefore a security clearance. This pertains to all federal departments, except for the RCMP. These security checks insure that individuals can be trusted while in possession of classified material. [11] As part of this screening process investigators may interview the individuals former employees, friends, or neighbours. Financial and/or police background checks may also be conducted. While conducting these checks, investigators are looking for any activity that may open the individual to blackmail or that the individual belongs to an illegal organization that poses a threat to Canadian interests.
Government Screening Unit
CSIS also has a Government Screening Unit that provides assessments on individuals requiring access to sensitive facilities (e.g.) major airports, ports, the Parliamentary Precinct (Parliament Hill and environs), and nuclear power facilities. This is to prevent terrorists, criminal or foreign governments from gaining access to these facilities.[12]
Immigration Screening Program
This program is intended to individuals who are considered to be undesirables from entering or receiving status as defined by relevant sections of the Immigration and Refugee Protection Act (IRPA) and the Citizenship Act (CA). Through this program CSIS is able to provide advice to both Citizen and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA). This has four main components:
(a) the screening of visitors from countries of terrorist and espionage concern;
(b) the screening of refugee claimants in Canada;
(c) the screening of applicants for permanent residence from within Canada and abroad; and
(d) the screening of applicants for Canadian citizenship.[13]
Foreign Screening
The Canadian government has agreements which allows CSIS to provide security assessments to foreign governments, agencies (CIA, FBI, MI-6), and international organizations (UN, NATO) on Canadian residents who are planning to move another country or may require access to classified material while overseas.[14]
Organization
Director
The CSIS director is appointed by the Prime Minister for a period of five years, with the possibility of reappointment for a second five year term. The Director is responsible for the operation of CSIS and its personnel. Originally, the Director reported the Solicitor-General of Canada. The Director will every 12 months (unless otherwise specified) provide a report to the Solicitor-General of Canada of CSIS' operations during that time period.
Inspector General
The Inspector General (IG) is appointed by Governor in Council and reports to the Deputy Solicitor General. His/her responsibilities are:
(a) To monitor the compliance by the Service with its operational policies;
(b) To review the operational activities of the Service; and
(c) Provide a a report to the Director on any activities that the IG believes are not authorized by the Act or contravenes the Act or involves an "unreasonable or unnecessary exercise by the Service of any of its powers."
If the IG believes that CSIS has engaged in any unauthorized activities or unreasonable/unnecessary activities then a report ("certificate") shall be sent to the Solicitor-General who would in-turn forward it to the Security Intelligence Review Committee (SIRC).
Collection
Until recently, it conducts no clandestine intelligence collection although it has access to signals intelligence produced by the Communications Security Establishment and through close relationships with allies. A 2007 statement, however, says "the Service may engage in covert operational activities outside of Canada. These activities are varied in nature, but all are conducted in accordance with the CSIS Act, CSIS policy and Ministerial Direction, and with appropriate approvals in place."[15]
Analysis and dissemination
While it produces reports at all levels of classified information, it probably publishes more of its analytical output than any world intelligence agency; see Canadian Security Intelligence Service/External Links.
References
- ↑ CSIS: Accountability and Review
- ↑ History of CSIS: In the Beginning
- ↑ History of CSIS: The RCMP Takes Over
- ↑ Rutan, Gerard F., The Canadian Security Intelligence Service: Squaring the Demands of National Security with Canadian Democracy. Conflict Quarterly, Volume V, Number 4, pages 17 - 30.
- ↑ About Royal Commissions
- ↑ McDonald Commission Reports
- ↑ Rosen, Phillip, The Canadian Security Intelligence Service
- ↑ The CSIS Act.
- ↑ [1]ibid
- ↑ [2]ibid
- ↑ CSIS Annual Report 2007
- ↑ ibid
- ↑ ibid
- ↑ ibid
- ↑ Backgrounder: Collection of Security Intelligence Outside of Canada, Canadian Security Intelligence Service, June 2007