Watchdog Finds CSIS May Have Misused Special Powers to Commit Offences
A report by the National Security and Intelligence Review Agency found that CSIS may have violated legal requirements when using special powers to commit offences during intelligence operations in 2022 and 2023, including acting without proper designations or authorizations and failing to document justifications.
OTTAWA — The Canadian Security Intelligence Service (CSIS) may not have complied with the law when exercising special powers to gather information, according to a report released Tuesday by the National Security and Intelligence Review Agency (NSIRA).
The review agency examined CSIS's use of its authority to commit offences during intelligence operations conducted in 2022 and 2023. While the watchdog noted that the agency complied with restrictions on permissible offence types, it identified several instances where employees may have committed offences without the specific designation required by the CSIS Act.
The report also found that direction to commit certain acts was sometimes given without the authorization from a senior official required by law. In addition, CSIS occasionally failed to adequately document the justification for committing offences, such as neglecting to outline anticipated downsides or consider alternatives. Some required internal reporting and notifications to the review agency were not completed.
NSIRA recommends that CSIS improve internal guidance, oversight, and quality assurance regarding the justification framework used when exercising these powers.
CSIS spokesperson Eric Balsam stated that the service takes potential non-compliance seriously and will take appropriate steps proposed by the assessment.
Tim McSorley, national co-ordinator of the International Civil Liberties Monitoring Group, described the findings as "deeply disturbing" and criticized CSIS for pushing legal boundaries.