Addressing Misconduct and Wrongdoing at CSIS

2023 and 2024 Report

Message from the Director

This is the first annual report on the work that the Canadian Security Intelligence Service (CSIS) is doing to address misconduct and wrongdoing in the workplace in order to support a culture of integrity, respect and accountability, and provide a safe and supportive workplace for all employees. This follows a commitment by CSIS leadership to create a healthier culture, in part by recognizing historical wrongdoings and ensuring that allegations of wrongdoing and misconduct are fully addressed. It is critical that we tackle allegations of inappropriate behaviours head-on to support any employee who does not feel safe or respected in our work environment, and it is our intention to create a workplace culture where those behaviours are not tolerated.

The majority of CSIS employees and management approach their work in a respectful, supportive, and inclusive manner. While we strive to create a healthy workplace for all, one of the tools we have to support these efforts is our Code of Conduct, which outlines the behavioural standards and ethics for our organization, and identifies our five foundational values: respect for people; respect for democracy; integrity; stewardship; and excellence. These underpin the work we do in delivering on our core mission: to protect Canada’s national security interests and the safety of Canadians through trusted intelligence, advice and action. The importance of respectful and professional conduct in our workplace is critical to our success as we navigate an operational reality for which the only constant is change.

Our Code of Conduct also defines our commitment to fostering and providing a healthy, respectful workplace that is free from harassment, reprisal, and discrimination. Every employee, manager, and executive is expected and required to adhere to the values outlined within it. To work toward that ideal, we must first acknowledge that we have sometimes fallen short, and that our processes for addressing misconduct or wrongdoing have not always offered our employees the support they needed. We are committed to changing that. We are determined to respond to misconduct and wrongdoing in a timely and just manner, to shore up our internal processes to better support employees, and to give every employee the tools they need to uphold the high standards we set for everyone who works at CSIS.

Part of our commitment to a safer and more respectful workplace includes the goal of being more transparent about the steps we are taking to address misconduct and wrongdoing, and this report is an important first step in fulfilling that commitment. Increasing transparency is not simply about publishing statistics or sharing what procedural steps we have in place. Transparency is also about demonstrating accountability to our employees, to our partners, to the Government of Canada and to Canadians.

Most importantly, this report is meant to reassure employees that we are listening and learning, and that we are striving to support them. Some of our employees work in some of the most precarious, demanding situations imaginable, in areas facing conflict or in situations where they put themselves at risk to protect the interests of Canada. As their employer, we must provide a workplace that is consistent with the CSIS Code of Conduct, and we seek to maintain their confidence that we will deliver on that commitment whatever their work environment might be.

In recent years, more employees have come forward and are participating in CSIS’ internal complaints processes. I hope this is indicative of the advancements we have made to improve our workplace culture, as we continue to create a space where employees are comfortable with the processes we have in place. I also hope that this first report contributes to rebuilding trust with our employees and managers. It is another step in changing the culture of our organization for the better.

We have, of course, much room for improvement, and employees have my personal commitment, and that of our senior leadership team, that we will continue on a path of continuous improvement. Ultimately, ensuring that all employees have access to a healthy workplace is critical for our success. 

Dan Rogers

Director of the Canadian Security Intelligence Service

Introduction

CSIS is at the forefront of Canada’s national security. Its mandate is to investigate activities suspected of constituting threats to the security of Canada, to report these to the Government of Canada, and to take measures to reduce these threats in accordance with relevant legal requirements and ministerial direction. CSIS is staffed by dedicated employees who are committed to the hard work of protecting and safeguarding their country.

CSIS employees have a wide variety of skills and expertise, some of which are by necessity unique to the organization. Those skills and expertise are the product of who they are both personally and professionally, and CSIS employees have always been and always will be the organization’s most important resource. CSIS employees use their knowledge, history, culture, and backgrounds to serve Canada and its interests. They represent the multicultural country that CSIS seeks to protect, and our organization is proud of its diversity: in late 2024, approximately 48% of CSIS employees were women, with approximately 21% of the workforce identifying as members of a visible minority, 2% as Indigenous Peoples and 8% as persons with disabilities. 

To keep Canada safe, CSIS relies on its employees to deliver on its mandate, and regardless of where they work or what they do, every employee contributes to CSIS’ success in an important way. The organization is committed to supporting a work environment, whether in Canada or abroad, whether in its offices or in the field, that is respectful and harassment free. Part of that commitment is ensuring that the organization is transparent with employees, and with Canadians, about the misconduct and wrongdoing that takes place in the work environment and how it is being addressed, while also protecting employee confidentiality.

This report includes information about the standards of behavior that are expected from CSIS employees at all levels (including management/executives), about the processes in place to support employees who suspect or have experienced misconduct or wrongdoing, as well as specifics on the number of complaints received, investigations carried out, and the measures taken to address these complaints where founded.

The first Addressing Misconduct and Wrongdoing at CSIS report is an important part of the organization’s commitment to address misconduct and wrongdoing. Transparency supports safety and respect as it shines a light on the consequences of inappropriate behaviour. While CSIS strives to prevent issues rising to the level of those discussed in this report, the hope is that more employees will be encouraged to come forward when they suspect misconduct or wrongdoing, confident that any complaints will be taken seriously, assessed in a timely manner, and, if cases are founded, dealt with accordingly.

Workplace standards at CSIS

At CSIS, every employee deserves a work environment in which they are valued, respected, and free from harassment, discrimination and reprisal. In order to realize that goal, CSIS has developed procedures designed to address any conduct that undermines its values, as well as to address other types of misconduct or wrongdoing (such as security breaches or asset mismanagement). CSIS is committed to its goal of recognizing any behaviour that compromises a healthy workplace culture or constitutes a breach of its behavioural standards, providing effective processes for addressing that behaviour, and supporting employees who are impacted by misconduct and wrongdoing.

CSIS adheres to the requirements and workplace standards set out in Part II of the Canada Labour Code including the Work Place Harassment and Violence Prevention Regulations the Canadian Human Rights Act the Federal Public Sector Labour Relations Act and the Public Servants Disclosure Protection Act.

In addition, the CSIS Code of Conduct, to which every employee attests annually, provides the organization with a roadmap for a healthy workplace culture by outlining its core values and identifying behaviours that will not be tolerated. The CSIS Code of Conduct reinforces the importance of respect in working relationships, identifies measures that exist to respond to breaches of conduct—including with respect to violence, harassment, discrimination, and reprisal—and outlines key commitments CSIS employees must make to uphold democracy, act with integrity, use resources responsibly and demonstrate professional excellence. Under the CSIS Code of Conduct, all employees and managers are obliged to protect and strengthen the workplace culture by recognizing and reporting misconduct.

If any CSIS employee has questions or concerns regarding workplace standards of conduct or the processes to address misconduct or wrongdoing, they are encouraged to reach out to the CSIS Employee Association, their union representative, the Internal Conflict Management System office, Labour Relations or the Harassment and Violence Prevention and Restoration Office. CSIS has also recently named the first CSIS Ombuds, consistent with the organization’s commitment to establishing additional supports to employees. The Ombuds’ Office will provide employees and management with another independent and safe space to bring forward issues of concern. In recognition of the fact that some employees may experience trauma or fear of reprisal in reporting inappropriate behaviour, every employee has access to confidential informal and formal support mechanisms should they seek guidance and assistance.

Addressing misconduct and wrongdoing at CSIS

The processes for reporting, investigating, and applying disciplinary measures at CSIS are designed to support employees who suspect misconduct or wrongdoing. CSIS recognizes that certain behaviours may cause trauma for the employees affected, and it has developed procedures specifically designed to provide emotional support and guidance while protecting employees at risk. The organization also recognizes that the systems and processes in place to date have not always resulted in adequate or acceptable support to those affected. CSIS is working to change this, to create an environment where employees are encouraged to be proactive when they personally experience or witness any form of misconduct. CSIS wants all employees to be assured that all reports of alleged misconduct or wrongdoing will be addressed impartially and expeditiously, that all measures will be taken to protect their confidentiality, and that investigative processes, when necessary, will be conducted fairly and objectively.

Creating this environment will require strong leaders who are focused and capable of supporting this goal. Already, CSIS has made progress in establishing the expectation that executives within the organization focus on building a healthy, respectful workplace and on meaningfully engaging employees in doing so. In parallel, the organization will support our executives to understand the impacts of their leadership on employees, by providing them with the support and training they need to develop this leadership, and by assessing and measuring their performance according to the results they achieve. 

Support for employees

Experiencing or witnessing an act of misconduct or wrongdoing, especially when it involves harassment, discrimination or violence, can be distressing, and it is important that employees understand the offices and organizations that they can reach out to for guidance and support. They include: 

Informal Conflict Management Services: This office offers employees confidential and impartial coaching on conflict management and guidance on possible recourses should they suspect or be subject to misconduct or wrongdoing. It also offers mediation and facilitated discussion, training, and workplace assessments to help identify and resolve root causes of conflict.

Harassment and Violence Prevention and Resolution Office: This office offers employees confidential guidance on issues related to harassment and violence in the workplace. The office shepherds any notice of occurrence of harassment and violence it receives through the processes as defined in Canada Labour Code regulations to find a resolution, with a focus on employee support, prevention and workplace restoration. Employees can approach the Office confidentially should they have any questions about an incident or about the processes involved in reporting and resolution. Employees who witness potential harassment can also anonymously file a notice of occurrence with the Office.

Senior Officer for Disclosure of Wrongdoing: The Senior Officer provides confidential advice and assistance to employees who wish to report serious wrongdoing in the workplace, and protects them against reprisal when they report wrongdoing in good faith.

CSIS Ombuds Office: The CSIS Ombuds Office is an independent office that reports to the Director of CSIS on overarching and anonymized employee issues and organizational trends. The Ombuds provides employees with an informal, confidential, and impartial safe space to talk about work-related misconduct and wrongdoing and discuss all options, both formal and informal, to facilitate resolution. At the time of the writing of this report, the CSIS Ombuds has been hired and the opening of the office is imminent. 

CSIS Employee Association: The CSIS Employee Association will assist any non-unionized employee (98% of CSIS employees are non-unionized) involved in a misconduct or wrongdoing case with support and guidance both prior to its initiation and throughout the process.

Union of Safety and Justice Employees: This union unites public service workers across Canada’s federal justice system and offers a wide range of support to the employees it represents.

The Employee Assistance Program: This program is an invaluable resource for any employee who needs mental health support because of distress or trauma, providing employees with confidential access to psychological counselling services. 

Categories of misconduct and wrongdoing

CSIS delineates misconduct into three streams: breach of conduct, harassment and violence, and wrongdoing. As a public service organization, CSIS uses the same categories as most other Government of Canada entities, although many organizations use a different term for breaches of conduct (often called misconduct). Categories for breaches of conduct or misconduct can differ to some degree among organizations, often dependent on their operational role. Harassment and violence, and wrongdoing are standard across government.

Each CSIS category has different reporting mechanisms, mitigation and investigative processes and disciplinary measures in place to reflect an incident’s severity. Resolutions for misconduct and wrongdoing can also include alternative processes such as a workplace assessment or restorative measures to improve workplace dynamics.

Breach of conduct: A breach of conduct at CSIS occurs when an employee violates the expected standards of conduct as set out in all applicable legislation, policies, and the CSIS Code of Conduct. Categories of breaches of conduct include, but are not limited to, failure to foster a safe, healthy and respectful workplace; failure to protect information; improper use of assets and property; and failure to protect and manage public funds.

This is the broadest misconduct category at CSIS, covering a wide range of unacceptable behaviours with varying degrees of gravity. For example, a breach of conduct could include misconduct ranging from disrespectful emails or comments to overt discrimination (e.g., racism, sexism, and homophobia), some of which may also constitute forms of harassment or violence in the workplace.^{Footnote 1}  Other examples include a careless handling or loss of classified material, accessing files not necessary for a job function, or infractions such as using a CSIS-provided phone or car for personal use.

Harassment and violence: This category of misconduct at CSIS is defined by the Canada Labour Code as any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment. 

Examples may include unwelcome physical contact; sexual innuendo/insinuation; displaying offensive posters, cartoons, images or other visuals; verbal threats or intimidation; and physical assault of any kind. Other examples may include spreading malicious rumours or gossip about an individual or a group; socially excluding or isolating someone; persistently criticizing, undermining, belittling, demeaning or ridiculing someone; or, abusing authority by publicly ridiculing or disciplining a subordinate. The majority of these cases fall into the harassment realm at CSIS.

Like all federally regulated organizations, CSIS adheres to the Work Place Harassment and Violence Prevention Regulations, which came into force on January 1, 2021, under Bill C-65. Bill C-65 amended the Canada Labour Code to strengthen the framework for harassment and violence prevention in federally regulated workplaces, and the Regulations provide a definitive process for reporting, negotiated resolutions, investigations, and the application of investigative findings and recommendations. 

A founded case of harassment and violence must meet the definition under the Canada Labour Code as determined by a formal investigation. If a case is deemed unfounded, it means that it did not meet the definition of harassment following an investigation. In these cases, an action plan is often developed nonetheless in order to support workplace restoration and address employee concerns. For example, the Harassment and Violence Prevention and Resolution Office would discuss the case with the responsible manager and the workplace health and safety committees, who would be required to develop an action plan on how to prevent the reoccurrence of similar allegations, and better protect employees.

CSIS reports its statistics on harassment and violence to the Labour Program of Employment and Social Development Canada, which then publishes an annual report to provide aggregated statistics on harassment and violence in the workplace within the federal jurisdiction and its regulated industrial sectors.

Wrongdoing: This category, which encompasses significant wrongdoing that could affect confidence in the public service, is defined in Section 8 of the Public Servants Disclosure Protection Act and includes: 

• a misuse of public funds or a public asset;
• a gross mismanagement in the public sector; or,
• an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant.

Reporting, investigations and negotiated resolutions

Breach of conduct: Allegations of a breach of conduct can be reported to an employee’s supervisor/manager or directly to their director general. Managers who believe a breach of conduct may have occurred are responsible for referring the matter to their director general who will consult with Labour Relations. Labour Relations will assess the situation and make a recommendation to the director general as to whether a fact-finding inquiry (conducted by Labour Relations advisors and following investigative best practices) or a formal investigation (conducted by internal investigators who do not work for Labour Relations or by external investigators) is required. In a few cases, a fact-finding exercise may result in a formal investigation being launched if, for example, more information is needed. Employees can also contact Labour Relations directly when they suspect a breach of conduct to determine next steps. 

Harassment and violence: CSIS is committed to providing employees with a workplace free of harassment and violence, and there are many programs and supports in place (conflict training; diversity, equity and inclusivity training; Informal Conflict Management Services, etc.) to avert their occurrence. However, when they are suspected, incidents of harassment and violence in the work environment are reported by sending a notice of occurrence to the Harassment and Violence Prevention and Resolution Office. CSIS then follows the requirements outlined in the Canada Labour Code and the Work Place Harassment and Violence Prevention Regulations to either reach a negotiated resolution to address employee concerns or to launch an investigation.

Negotiated resolutions: In harassment and violence cases, where appropriate, informal facilitation processes are first employed to make reasonable efforts to find a resolution to the complaint through a negotiated resolution process (which could include facilitated discussions, informal conflict management services through Informal Conflict Management Services, or formal mediation with a consultant) leading to an early resolution or a conciliation. These early resolutions or conciliations are aimed at addressing employees’ concerns and making changes to the workplace environment to resolve the issue, while ensuring that employees feel supported and safe in their work environment. 

Investigations: Should these processes not end with an early resolution or conciliation, a formal investigation will be launched with an external investigator in accordance with Canada Labour Code guidelines. While negotiated resolution processes are available, should the employee or employees who initiate the process request an investigation at any time, CSIS will then undertake an investigation. Investigations result in resolutions outlined in a final report and recommendations as prescribed under the Work Place Harassment and Violence Prevention Regulations. (e.g., referrals to Labour Relations for possible discipline or changes to the workplace to prevent another occurrence.) 

Wrongdoing: Incidents of wrongdoing are to be reported directly to the Senior Officer for Disclosure of Wrongdoing at CSIS, who provides advice and assistance to employees who have reported or are considering reporting wrongdoing in the workplace through an internal disclosure. Upon receiving a report, the Senior Officer will then determine whether a formal wrongdoing investigation should be launched based on the standards set out in the Public Servants Disclosure Protection Act. If the concern does not meet the threshold for a wrongdoing investigation, the Senior Officer may direct the employees to explore another process to address their concern.

When warranted, the Senior Officer will oversee the investigation for wrongdoing and report the results to the Director. The Senior Officer will also assist employees who suspect reprisal as a result of their internal disclosure.

Investigative principles: In all cases, investigations are conducted objectively and in a neutral manner whether by an internal or external investigator. Whether internal or external, investigators will generally interview the parties and the witnesses, review the facts, the evidence and the relevant policies, and determine whether an allegation is founded or not. Every effort is made to protect the confidentiality of those involved. Based on the findings, appropriate disciplinary or administrative measures are taken.

Disciplinary measures

Two types of measures can be administered to employees, disciplinary or administrative, or, in some cases, both:

Disciplinary measures are formal corrective measures that seek to alter behaviours. Disciplinary measures range from verbal reprimand, written reprimand, temporary suspension without pay, financial penalty, demotion, and termination of employment.

Administrative measures are measures that seek to correct misbehaviour by making any necessary adjustments to a situation. Some situations may require the application of several administrative measures. They can include measures ranging from additional training or coaching to work-related adjustments such as postponing or ending an acting assignment.

Breach of conduct: When a breach of conduct is founded, cases are presented to the CSIS Disciplinary Committee to determine appropriate disciplinary action. The committee is chaired by the Director General of Health and Workplace Management, and includes the employee’s director general or a delegated authority, as well as a representative from Labour Relations. The Committee is charged with providing consistent and unbiased decisions in all cases. Some cases may also be referred to Internal Security to determine whether there is an impact on the employee’s security clearance, and potentially on their employment. 

Harassment and violence: In all founded cases of harassment and violence as defined in the Canada Labour Code, the anonymized final investigative report and recommendations are shared with the Workplace Health and Safety Committee, the employer representative and the Harassment and Violence Prevention and Resolution Office, who will jointly determine which of the recommendations will be implemented. They may also be referred to Labour Relations, who may present the case to the Disciplinary Committee. The goal for resolution of most reported incidents in the harassment and violence category, whether founded or unfounded, is not only to discipline (when discipline is warranted) but to support employees, and to rehabilitate the work environment to ensure it does not happen again.

Wrongdoing: In a founded case of wrongdoing, the Director consults with the Chief Human Resources Officer to determine what disciplinary action will be taken. 

Report findings

Case overview

The number of allegations or complaints of misconduct and wrongdoing in the breach of conduct and harassment and violence categories increased at CSIS from 2023 to 2024, as did the number of fact-finding inquiries and investigations undertaken, the determination to the number of founded cases and the number of closed cases. The organization is mindful that it is early in the journey, and that there is still much work to be done. CSIS is also hopeful that increased reporting may be reflective of an improving workplace culture where employees feel safer and more supported when they report misconduct or wrongdoing

In both 2023 and 2024, there were no cases of wrongdoing, and/or inquiries or internal disclosures that led to an investigation under the Senior Officer for Disclosure of Wrongdoing.

Figure 1. Year-over-year comparison of misconduct and wrongdoing activities

The year-over-year comparison of misconduct and wrongdoing activities graph, seen in Figure 1, shows the total number of misconduct and wrongdoing activities for 2023 and 2024 in a comparative bar graph. The 2023 bar shows totals of new cases or notices (51), investigations or fact-finding initiated (33), founded cases (21), and closed cases (25) for a total of 130 activities. The 2024 bar shows totals of new cases or notices (81), investigations or fact-finding initiated (50), founded cases (31), and closed cases (47) for a total of 209 activities. 

*Investigations or fact-finding inquiries are launched for every new case of breach of conduct. For some notices of occurrence for harassment and violence, one investigation could be launched for several notices. (E.g., five employees report about the same issue, but only one investigation is launched.)

**The number of founded cases from 2024 may increase as there are 27 breach of conduct and five harassment and violence fact-finding inquiries and investigations ongoing. Founded harassment and violence cases must meet the strict Canada Labour Code definition, however many cases that are not founded result in resolutions or conciliations designed to address employee concerns. 

In 2023, a total of 51 complaints or allegations of misconduct or wrongdoing at CSIS were initiated by employees of all levels, including management. Thirty-three investigations or fact-finding inquiries were launched, 21 cases were founded and 25 cases were closed or resolved. In 2024, a total of 81 (+59%) complaints or allegations of misconduct or wrongdoing were initiated by employees. Fifty investigations or fact-finding inquiries were launched (+52%), 31 cases were founded (+48%), and 47 cases were closed or resolved (+88%). A total of 33 investigations for 2024 cases are ongoing. 

In cases of harassment and violence, one investigation may be launched for numerous notices of occurrence as several employees could have the same complaint, and one founded case can include numerous notices of occurrence for the same reason.

Unfounded cases

For cases of harassment and violence (or “notices of occurrence”) to be deemed unfounded, they must first undergo an investigation; it is up to the external investigator to determine that these cases do not meet the Canada Labour Code definition of harassment. At CSIS, no matter if an investigation finds a case of harassment or violence founded or unfounded, it will result in recommendations for restorative actions for the workplace to ensure that the workplace conditions which led to the case are remedied. In 2023 there were two unfounded cases, and in 2024 there were seven.^{Footnote 2}  These are included in the resolved numbers as per the Work Place Harassment and Violence Prevention Regulations. 

There were very few unfounded cases of breach of conduct: none in 2023 and two in 2024. Reasons are too granular to share because of privacy concerns but those complaints did not meet the threshold for a founded breach of conduct case once the facts were examined. 

Breach of conduct

Breaches of conduct constitute the largest misconduct category at CSIS and cover a wide range of unacceptable behaviours that violate standards of conduct set out in applicable legislation, policies, and the CSIS Code of Conduct. Within the CSIS Code of Conduct all employees can find clear guidance on CSIS workplace standards and are encouraged to stop, reflect and enquire when they suspect that a violation of the CSIS Code of Conduct has occurred. the CSIS Ombuds has been hired and the opening of the office is imminent.

There has been a significant increase in new cases of breach of conduct year-over-year, from 28 in 2023 to 45 in 2024, representing a growth of 61%. CSIS is hopeful that this increase in reporting shows that employees are more comfortable enquiring when they suspect breaches of conduct, and that managers are recognizing their responsibilities and accountabilities, while also being more responsive. Increased awareness of and engagement with CSIS misconduct processes is essential to the organization’s success in creating a safer and more respectful workplace than in the past, and managers’ consistent implementation of corrective measures is key to increasing engagement. 

The number of fact-finding inquiries and investigations also increased year-over-year, from 28 in 2023 to 45 in 2024, an increase of 61%. The number of founded cases increased similarly, from 18 in 2023 to 30 in 2024 (+67%) and the number of closed or resolved cases rose from 18 in 2023 to 31 in 2024 (+72%). (Some investigations are ongoing.)

*Total founded cases’ categories do not match total founded cases because founded cases are often counted in several categories as they constitute a breach of each of those categories. (E.g., a case of security and trust may also be counted in the absenteeism category.)

Table 2 outlines the breach of conduct founded cases by category in 2023 and 2024. Examples of respectful workplace category violations include unprofessional behaviour, disregard for health and safety regulations, intimidation, insubordination, and discrimination. Examples of security and trust category violations include anything from entering a CSIS facility with unauthorized equipment (for example, an unauthorized cell/smart phone) to concerns regarding access or use of classified information. The “other” categories for the reporting period could not be specified as they were easily identifiable cases and could breach requirements under privacy legislation.

The breach of conduct founded cases by category percentage for 2023 and 2024 chart, seen in Figure 2, shows the total number of founded cases by category in 2023 and 2024 combined in a pie chart. The respectful workplace category is at 53%, absenteeism at 19%, security and trust at 17%, and other is at 11%. 

Breach of conduct disciplinary measures

Founded cases of breach of conduct will result in appropriate disciplinary measures designed to change behaviours by sending a message that inappropriate conduct will not be tolerated at CSIS. The following chart outlines the disciplinary measures taken over the reporting timeframe. Note that the number of disciplinary measures may not match the number of founded cases because in some instances, both disciplinary and administrative measures were implemented. In other instances, one employee could have several founded cases against them, with only one disciplinary action taken (e.g., termination).

*Note that the total disciplinary measures do not match the total founded cases because in some cases one employee had several founded cases but only one disciplinary measure (e.g., termination) while in other cases one employee could receive several disciplinary measures for one founded case (e.g., suspension and note in performance file.)

Harassment and violence

Incidents of harassment and violence in the workplace as defined by the Canada Labour Code include any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment. Within this category most cases are related to harassment, not violence, and these most often lead to a negotiated resolution resulting in corrective measures in the workplace.

There has been an increase in new notices of occurrence of harassment or violence year-over-year, from 23 in 2023 to 36 in 2024 (+57%). The number of investigations launched has remained the same (five in 2023 and five in 2024). Although there were few founded cases in either year (three in 2023 and one in 2024), the number of resolved cases has more than doubled, from seven cases in 2023 to 16 in 2024. As previously noted, many cases are resolved before an investigation is required through negotiated resolution or conciliation, and those cases are included in the resolved numbers as per the Work Place Harassment and Violence Prevention Regulations. Both founded and unfounded cases result in recommendations and workplace remediation stemming from investigative findings, and those cases are included in resolved cases as well. 

Every notice of occurrence results in a process outlined in the Canada Labour Code and the Work Place Harassment and Violence Prevention Regulations to reach a resolution. The Harassment and Violence Prevention and Resolution Office’s mandate is to prevent, protect and restore the workplace, and whether a notice is founded or unfounded, the recommendations derived from the negotiated resolution process or an investigation are designed to resolve workplace issues. 

Harassment and violence resolutions and discipline

When a notice of occurrence is received, CSIS must follow the process outlined in the Work Place Harassment and Violence Prevention Regulations to reach a negotiated resolution to address employee concerns or to reach resolution through an investigation.^{Footnote 3}  After investigation, whether cases are founded or unfounded, recommendations for workplace remediation will be determined and both founded and unfounded cases are consideredresolved. Resolutions may result from a negotiated resolution process or an investigation begun in a previous calendar year.

In 2023 there were seven file resolutions (some resolutions cover more than one notice) including:

• Two were resolved through negotiated resolution or reconciliation, which could include conciliation through Informal Conflict Management Services or mediation with an external mediator.
• Two were resolved through a workplace assessment, which resulted in remedial action being taken in the work environment.
• Three were resolved by investigation, which resulted in an action plan for workplace restoration. 

In 2024, there were 16 file resolutions (again, some resolutions cover more than one notice) including:

• Nine were resolved through negotiated resolution, which could include conciliation through Informal Conflict Management Services or mediation with an external mediator.
• One was resolved by investigation, which resulted in an action plan for workplace restoration.
• Six were resolved through a workplace assessment, which resulted in remedial action being taken in the work environment. 

As well, in 2024, six notices were withdrawn. Regulations stipulate that the principal party (person who is the object of an occurrence) may end the resolution process at any time. All cases result in a workplace assessment.

• Of the six, three agreed to a workplace assessment as a resolution.
• Three are individual cases too granular to report on because of privacy concerns but reasons could include a principal party deciding to pursue another process (e.g., breach of conduct) or a principal party choosing not to pursue a complaint initiated by another party (which would result in a workplace assessment to ensure workplace health).

In those cases where there may be grounds for disciplinary action, the case information is shared with Labour Relations, and that office will determine whether the matter should be brought to the Disciplinary Committee. In 2023, three cases were referred to Labour Relations, and in 2024, one case was referred to Labour Relations. Those numbers are too granular to allow for more details to be shared from a privacy perspective, but they are included in the total breach of conduct data, which falls under the purview of Labour Relations.

Wrongdoing

During the reporting period, the Senior Officer for Disclosure of Wrongdoing addressed several general inquiries and internal disclosures, but none met the threshold for founded wrongdoing under the Public Servants Disclosure Protection Act. The employees were offered guidance and support, and, where appropriate, encouraged to take their concerns to the alternative mechanisms within CSIS. 

Employee recourses for disputing CSIS outcomes: grievances and litigation cases

Although CSIS strives to address misconduct and wrongdoing through processes that are designed to support employees and create a healthy work place, in some cases employees may want to challenge the outcomes.

For disciplinary measure disputes, there is an internal grievance process available. There are also three specific external grievance and litigation processes that may be available to employees, as outlined below.

Federal Public Sector Labour Relations and Employment Board: This board is an administrative tribunal that adjudicates and mediates grievances according to its legislated jurisdiction, among other responsibilities, including disciplinary measures such as termination, financial penalty, and disguised discipline.

In 2023 and 2024 there were 10 cases involving CSIS employees before the Board from three specific categories: termination, demotion, and rejection during probation. Outcomes for those included: 

• CSIS received one finding of unfair labour practices and remedial actions have been taken to rectify the issue.
• One case was abandoned by the grievor.
• The remainder reached mutually satisfactory results through mediation.

Canadian Human Rights Commission and Canadian Human Rights Tribunal: The Commission, in accordance with the Canadian Human Rights Act, receives and screens complaints regarding discrimination or harassment, helps resolve disputes through mediation, and refers complaints to the Tribunal when the issues are systemic in nature. The Tribunal resolves discrimination complaints and disputes about employment equity, pay equity and accessibility.

In 2023 and 2024 there were eight cases related to allegations of discrimination at CSIS before these bodies from the following categories: disability, gender, ethnicity, religion, race/ethnic origin, and systemic reprisal. Some complaints included more than one category.

• One case was settled by the grievor and CSIS.
• The remainder are still being assessed or adjudicated (these processes can sometimes take years).

Provincial and federal courts: At present there are six cases before the courts, related to harassment (3), racial discrimination, failure to accommodate, and demotion.

In the case of a grievance of a harassment and violence report, if a party wishes to contest the report and action plan, they may be able to file a judicial review application to the Federal Court. Over the reporting period, no harassment and violence reports have been actioned in this way. 

The path forward

CSIS is committed to providing a healthy and respectful workplace that is free of harassment, discrimination and reprisal, and to ensuring the health, safety and well-being of employees at all levels. Employees are tasked with keeping Canada and Canadians safe, and to accomplish that they are required to do extraordinary things. CSIS employees are hard-working, talented and come from a wide variety of backgrounds and cultures, just like the Canadians they serve. They are the bedrock of the organization and the foundation of its success.

Like all organizations, although CSIS strives to create a safe and respectful workplace, it has sometimes fallen short, and readily acknowledges that there is much work to do to realize its goals for a supportive, positive workplace culture for all employees. CSIS will continue to build on the steps it has taken and the measures implemented that were designed to encourage increased reporting of inappropriate workplace behaviour. The hope is that that these measures have helped employees to come forward. The organization is committed to making its processes even more accessible and supportive.

The goal, of course, is that increased reporting will ultimately lead to fewer incidences of misconduct and wrongdoing because the consequences are well-known and the processes are trusted. Trust is the key concept: employees must trust that if they report an incident, it will be managed fairly and objectively. They must trust that they are protected within the workplace. CSIS will continue working hard to earn that trust.

CSIS has also recently named its first Ombuds. The new Ombuds will offer employees an independent, informal, confidential, and impartial safe space to talk about work-related misconduct and wrongdoing, and explore their options to find resolution, whether formal or informal. The Ombuds reports only to the Director, and only on anonymized trends to support workplace betterment. Most importantly, the Ombuds will be a new resource for employees who aren’t sure where to turn, and will offer them a caring ear and a supportive environment where they will receive appropriate guidance. 

This first annual Addressing Misconduct and Wrongdoing at CSIS report is a key step forward in the organization’s commitment to transparency, to accountability, and to building a better workplace for all CSIS employees.