New ministerial direction for Global Affairs Canada

The National Security public consultation, conducted from spring to December, 2016, lead to a commitment to ensuring that the national security practices of departments and agencies fully respect Canadians’ rights and freedoms.

On December 14, 2017, the Honourable Chrystia Freeland, Minister of Foreign Affairs, issued the Ministerial Direction to Global Affairs Canada on Avoiding Complicity in Mistreatment of Individuals by Foreign Entities. This ministerial direction (MD)—the first ever issued to Global Affairs Canada on this subject—is equivalent to ones recently issued by the Minister of Public Safety and Emergency Preparedness and the Minister of National Defence, and carries the same obligations.

In line with the government’s commitment to transparency in the matter of national security, Global Affairs Canada has published online the full content of the ministerial direction.

The new ministerial direction on information-sharing with foreign entities strengthens Canada’s commitment to human rights, promotes respect for the Canadian Charter of Rights and Freedoms and fulfills Canada’s obligations under international law.

With these new directions, we are seeking to more clearly state the Government of Canada’s condemnation of torture and other mistreatment. In addition, language has been clarified with regard to how departments and agencies must respect the law, including especially the Canadian Charter of Rights and Freedoms. Additionally, specific prohibitions on the disclosure, requesting and use of information are set out; including a clear prohibition on the disclosure or requesting of information where doing so would result in an individual being at substantial risk of mistreatment.

Furthermore, these new directions will prohibit certain uses of information likely obtained through mistreatment. This information may never be used where doing so would create a substantial risk of further mistreatment, and may never be used as evidence.

Transparency and accountability are the guiding principles of these directions, which include reporting requirements to the National Security and Intelligence Committee of Parliamentarians, to the department’s minister and to Canadians.