Canadian Security Intelligence Service

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A civilian organization of the Canadian Government responsible for intelligence management and counterintelligence, the Canadian Security Intelligence Service is responsible for recognizing and reporting potential threats to Canada. 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] There is a very high degree of cooperation among the intelligence services of Australia, Canada, Great Britain and the United States, with New Zealand in a lesser but still significant relationship.

History

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. [2]

The Dominion continued its mission until 1920 when the organization was amalgamated with theRoyal 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.[7][8]


The CSIS Act - Duties and Responsibilities

The CSIS Act is divided in to three parts that define the duties and responsibilities of the agency. 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 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).

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.

Threats to Security

Under the Act CSIS is authorized to investigating and/or collect, analyze and retain any information/intelligence on any activities that may, on reasonable grounds, be considered to be a threat to Canada. These threats 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).

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.

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."[9]

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

  1. CSIS: Accountability and Review, Canadian Security and Intelligence Service
  2. 2.0 2.1 History of CSIS: In the Beginning, Canadian Security Intelligence Service
  3. History of CSIS: The RCMP Takes Over, Canadian Security and Intelligence Service
  4. 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.
  5. About Royal Commissions
  6. McDonald Commission Reports
  7. 7.0 7.1 Rosen, Phillip, The Canadian Security Intelligence Service
  8. The CSIS Act.
  9. Backgrounder: Collection of Security Intelligence Outside of Canada, Canadian Security Intelligence Service, June 2007