Authority to Investigate Threats, Collect Foreign Intelligence within Canada and Provide Security Assessments
Section 12 of the CSIS Act mandates CSIS to collect and analyse intelligence on threats to the security of Canada, and, in relation to those threats, report to, and advise the Government of Canada. These threats are defined in the CSIS Act as espionage or sabotage; foreign influenced activities that are detrimental to the interests of Canada; activities directed toward the threat or use of acts of serious violence; and, activities directed toward undermining the system of government in Canada.
Section 16 of the CSIS Act authorizes CSIS to collect, within Canada, foreign intelligence relating to the capabilities, intentions or activities of any foreign state or group of foreign states, subject to the restriction that its activities cannot be directed at Canadian citizens, permanent residents, or corporations.
Sections 13, 14, and 15 authorize CSIS to provide security assessments to the Government of Canada, provincial governments, and other Canadian and foreign institutions; provide advice to Ministers of the Crown on matters related to the Citizenship Act and Immigration and Refugee Protection Act; and, conduct such investigations as may be required to perform these functions.
Investigative Techniques
Fulfilling these mandates requires that CSIS use a suite of investigative techniques. These techniques can include, among others, open source research, physical surveillance, interviews, and analyzing intelligence from a variety of sources. Human sources, however, are at the core of CSIS’s ability to fulfill its mandate to investigate and advise on threats to the security of Canada.
Techniques used by CSIS may include, among others, searches of a target’s place of residence, analysis of financial records, or telecommunications intercepts. Section 21 of the CSIS Act authorizes CSIS to apply for a warrant to conduct activities where there are reasonable grounds to believe that a warrant is required to enable CSIS to investigate a threat to the security of Canada or perform its duties and functions pursuant to Section 16 of the CSIS Act. The CSIS Act requires that the Minister of Public Safety approve warrant applications before they are submitted to the Federal Court.
Cooperation with Domestic Agencies
Section 17 of the CSIS Act authorizes CSIS to cooperate with any department of the Government of Canada or the government of a province, or any police force in a province. CSIS, as such, works closely with the Royal Canadian Mounted Police (RCMP), Canada Border Services Agency (CBSA), other government departments, and police forces across Canada. CSIS’ cooperation with these entities must be approved by the Minister of Public Safety.
In investigating threat-related activities occurring outside of Canada, CSIS’s relationship with Communications Security Establishment Canada (CSE) is particularly important. CSIS relies heavily on the capabilities and expertise of CSE in order to conduct telecommunications intercepts outside of Canada. CSE’s legal authority to provide assistance to CSIS stems from Section 273.64(1) (c) of the National Defence Act. CSIS must obtain a warrant from the Federal Court of Canada to seek assistance from CSE to intercept the telecommunications of a Canadian outside of Canada.
Cooperation with Foreign Intelligence Agencies
Fulfilling CSIS’s mandate also requires that CSIS undertake investigative activities outside of Canada and cooperate and share intelligence with foreign entities. Targets of CSIS investigations often depart Canada to engage in a range of threat-related activities. At the same time, in some cases, threats to the security of Canada develop entirely outside of Canada. CSIS cannot limit itself to only undertaking investigative activities within Canada. Pursuant to Section 17 of the CSIS Act, CSIS may, with the approval of the Minister of Public Safety, after consulting with the Minister of Foreign Affairs, enter into an arrangement or otherwise cooperate with the government of a foreign state or an institution thereof.
