Classes of acts or omissions

(section 19 of IC Act)

What does it authorize?

A ministerial authorization respecting classes of acts or omissions allows CSIS employees or persons acting under their direction to carry out activities that would otherwise be against the law in Canada. The authorization from the Minister of Public Safety must specify the types or “classes” of acts and omissions that are to be allowed, and the classes must be approved by the IC. This is referred to as the “justification framework.”

Why is it required?

CSIS investigates activities suspected of constituting threats to the security of Canada and reports on these to the Government of Canada. The CSIS Act recognizes that collecting information and intelligence on potential threats may occur in settings and situations outside of the boundaries of the law. As an example, the subjects of a CSIS investigation may be engaged in unlawful conduct. If so, CSIS employees working undercover or persons acting under their direction may also be required to participate in the unlawful conduct in order to gain trust, maintain credibility, and develop access. Not being able to participate in the unlawful activity could put the people involved in the investigation at risk.

The justification framework provides immunity from prosecution to designated CSIS employees and persons working under their direction who commit otherwise unlawful acts that fall within one of the approved classes. The justification framework may also allow for information collected as a result of otherwise unlawful conduct to be considered to have been collected lawfully.

However, the justification framework does not mean designated CSIS employees and persons directed by them are above the law, nor does it allow them to infringe the safeguards guaranteed by the Charter. Anyone operating outside the limits of the  approved framework could face criminal charges.

Why is the IC's role important?

The IC's review ensures that the acts or omissions that would otherwise be unlawful are restricted to activities related to CSIS' duties. The IC's review holds the Minister accountable by ensuring the classes of otherwise unlawful acts or omissions that CSIS may commit or direct a person to commit are reasonable and proportional. The review also ensures that the classes of acts are well-defined and will be clearly understood by the CSIS employees who will ultimately have to decide whether a proposed unlawful act or omission falls within an approved class.

How does CSIS obtain it?

The Director of CSIS submits an application to the Minister of Public Safety that contains a description of the classes of offences, as well as a list of the main offences that would fall within each proposed class. The Minister must determine whether committing those acts or omissions is reasonable — taking into account CSIS' duties to collect information and intelligence and any threats to the security of Canada that may be the object of these activities.