House of Commons Standing Committee on Procedure and House Affairs
November 3, 2022 from 11:00am to 1:00pm
Key Messages
- CSIS’ mandate is to identify and advise the Government of threats to Canada’s national security, which are clearly defined in section 2 of the CSIS Act and include espionage and sabotage, foreign influenced-activities, terrorism and violent extremism, and subversion.
- CSIS’ 2021 Public Report makes clear that foreign interference and espionage threats to Canada are real, persistent, and increasing in some areas. This is not new.
- Our Director has identified Foreign Interference as one of the greatest strategic threats to Canada’s national security because it undermines Canadian sovereignty, national interests, and democratic values.
- This threat activity has long been present in Canada, but its scale, speed, range, and impact have grown as a result of globalization and technology.
- Our democratic institutions are a significant focus of Foreign Interference. Foreign interference targets all levels of government, be it federal, provincial, or municipal, as well as political parties, candidates, elected officials and their staff, and elections themselves.
- Certain state actors, such as the People’s Republic of China, seek to manipulate and abuse Canada’s democratic system to further their own national interests, or to discredit Canada’s democratic institutions and erode public confidence.
- Foreign states or their proxies also threaten and intimidate persons in Canada, including members of Canadian communities, to attempt to influence their opinions and behaviours. These activities constitute a threat to Canada’s sovereignty and to the safety of Canadians.
- CSIS uses its full authorities under CSIS Act to investigate allegations of interference by foreign states that would undermine Canada’s democratic institutions, threaten the lives and well being of Canadians, or intimidate Canadian communities.
- Of course, as you know the Service is limited in what it can say in an unclassified setting, since we cannot publicly comment on operational matters and requirements.
- That said, we remain committed to our continued engagement with your colleagues on the National Security and Intelligence Committee of Parliamentarians (NSICOP), where we can discuss important classified issues.
If pressed on China
- We know that certain foreign states routinely attempt to threaten and intimidate individuals around the world through various state entities and non-state proxies.
- These states, such as the People’s Republic of China, may use a combination of their intelligence and security services as well as proxy agents to assist them in conducting various forms of threat activities.
- To be clear, the threat does not come from the Chinese people, but rather from the Chinese Communist Party and the Government of China. China is pursuing a strategy for geopolitical advantage on all fronts – economic, technological, political, and military – by using all elements of state power to carry out activities that are a direct threat to our national security and sovereignty.
If pressed on other countries
- Multiple foreign states, including Russia and Iran, continue covert attempts to gather political, economic, and military information in Canada, and continue to monitor and intimidate Canadian communities in support of their own strategic goals.
- CSIS does not publicly comment on, confirm, or deny the specifics of our investigations and methodologies. However, Canadians can rest assured that CSIS takes any allegation of foreign interference very seriously and uses the authorities under the CSIS Act to investigate, reduce, and report on threats. Our goal is to keep Canadians safe from harm and intimidation.
CSIS role in election security
- As a member of the Security and Intelligence Threats to Elections (SITE) Task Force, CSIS worked closely with partners in efforts to raise awareness and assess foreign interference threats against the 2019 and 2021 Federal Elections.
- While I cannot provide more detail on specific cases, CSIS takes all allegations of interference in Canada’s democratic institutions or processes by a foreign state very seriously.
- CSIS actively investigated a number of threats across Canada in relation to the election, and provided classified briefings on these threats to the Critical Election Incident Public Protocol Panel.
- The Critical Election Incident Public Protocol lays out a simple, clear and impartial process by which Canadians would be notified of a threat to the integrity of a federal election. Under the Protocol, a public announcement would only occur if the Panel determined that an incident or an accumulation of incidents has occurred that threatens Canada’s ability to have a free and fair election.
- As was the case in 2019, no public announcement was made in 2021.
- CSIS also routinely engages with Canadian communities, advocacy groups, businesses, industry associations, academic institutions, and all levels of government (federal, provincial/territorial, municipal, and Indigenous) to ensure they are aware of the national security threats facing our country and give them the information they need to protect their interests.
- CSIS delivers these briefings in order to promote awareness of foreign interference and the actions of other hostile actors and to strengthen individual security practices and protect Canadians and their interests.
Modernizing CSIS authorities
- CSIS’ authorities must remain current so that we are able to address the challenges of the significantly more complex legal, operational and technological environment in which we operate.
- We need laws that enable data-driven investigations, carefully constructed to reflect the values we share in our democracy, including robust privacy protections.
- At the same time, what the COVID-19 pandemic has shown us is that threat actors will continue to exploit vulnerabilities – whether it’s stealing life-saving Canadian research or indoctrinating Canadians into conspiracy theories about the virus, public health measures and the vaccine.
- Keeping pace with changes in the threat, technological and legal environment will ensure that we can continue to fulfill our mandate of keeping Canada and Canadians safe – and do so in a way that is consistent with Canada’s values and the trust that Canadians place in us.
- However, these decisions are made at the political level and with support from our other Government of Canada partners both within the Public Safety Portfolio and with the Department of Justice.
- To be clear, the purpose of amending the Act would not be to lower safeguards, but rather to ensure CSIS has the authorities to provide timely, relevant advice in line with Government and Canadians’ expectations of their intelligence service.
Recent media reporting concerning PRC police stations
- CSIS is aware of this reporting, and we take seriously any reporting of foreign interference.
- While CSIS’s work is often undertaken outside of the public eye, we are steadfast in our commitment to work in partnership with communities and individuals, alongside law enforcement, to keep them safe from harm and intimidation.
- CSIS uses the authorities under CSIS Act to investigate allegations of interference by foreign states that would undermine Canada’s democratic institutions, threaten the privacy of Canadians, or intimidate Canadian communities.
- Canadians can be assured that CSIS is following threat-related activity closely, advising the Government of Canada, and will not hesitate to use our full mandate in order to reduce threats to national security if necessary.
FI in Canada – Democratic Institutions
Issue: What is CSIS’ role in protecting Canada’s democracy?
On CSIS’ role in protecting Canada’s democratic institutions
- CSIS is responsible for investigating foreign interference threats to national security and advising the Government of Canada on those.
- CSIS distinguishes between overt – and sometimes aggressive – lobbying and clandestine or deceptive interference activities. Clandestine foreign interference activities can pose significant harm to our democratic institutions and processes.
- CSIS has longstanding investigations into specific threat actors who are believed to be targeting Canada and Canadians through clandestine, deceptive or threatening means.
- CSIS also routinely engages with a variety of stakeholders including government and public officials, the private sector and other organizations to discuss potential threats to the security and interests of Canada and to provide briefings regarding specific threats. This can include elected officials.
- CSIS delivers these briefings in order to promote awareness of foreign interference and the actions of other hostile actors and to strengthen individual security practices and protect Canadians and their interests.
- As a member of the SITE Task Force, CSIS worked closely with partners in efforts to raise awareness and assess foreign interference threats against the 2019 and 2021 Federal Elections.
- CSIS actively investigated a number of threats across Canada in relation to the election, and provided classified briefings on these threats to the Critical Election Incident Public Protocol Panel.
- While I cannot provide more detail on specific cases, CSIS takes all allegations of interference in Canada’s democratic institutions or processes by a foreign state very seriously.
General Election 44
- As we did in 2019, in 2021 CSIS continued to work with its partners to advise the Government of Canada on foreign interference threats to our democratic institutions, including through the Security and Intelligence Threats to Elections (SITE) Task Force.
- The Critical Election Incident Public Protocol lays out a simple, clear and impartial process by which Canadians would be notified of a threat to the integrity of a federal election. Under the Protocol, a public announcement would only occur if the Panel determined that an incident or an accumulation of incidents has occurred that threatens Canada’s ability to have a free and fair election.
- As was the case in 2019, no public announcement was made in 2021.
- CSIS continues to prioritize outreach and engagement to raise awareness of the foreign interference threat across key sectors and civil society.
- That is why, ahead of the most recent federal election, we released a public report on Foreign Interference Threats to Canada’s Democratic Process.
Threat reduction measures
- The Canadian Security Intelligence Service’s threat reduction mandate provides an important tool for the Government of Canada to respond to threats.
- While I can’t get into specifics, CSIS may take threat reduction measures when there are reasonable grounds to believe that a particular activity constitutes a threat to the security of Canada or Canadians.
- As previously indicated, CSIS monitors threat-related activity closely, advises the Government on these threats, and uses its full mandate in order to reduce threats to national security if necessary.
- I am committed to ensuring CSIS can act effectively protect national security while meeting its legal obligations and respecting Canadians’ rights.
Foreign Agents Registry
- Foreign states use a range of methods to influence policy-making in Canada and promote their national interests.
- CSIS participates in discussions within the security and intelligence community as to what tools are needed to protect Canada’s national security and sovereignty.
- We also engage with our close partners to discuss their experiences in dealing with similar issues of foreign interference and espionage.
Foreign Interference in Canada - General
Issue: What is CSIS’ understanding of this threat?
Key Messages
- Foreign Interference is one of the greatest strategic threats to Canada’s national security because it undermines Canadian sovereignty, national interests and values.
- Foreign interference is a complex modern threat. States employ foreign interference activities against a range of Canadian interests, including the integrity of our political system and democratic institutions, economy and long-term prosperity, foreign policy and military, social harmony, and fundamental rights and freedoms.
- It is also a national threat. It targets all levels of government as well as communities across Canada.
- Foreign interference activities encompass a range of techniques, including human intelligence operations, the use of state-sponsored or foreign-influenced media, and sophisticated cyber tools.
- This threat activity has long been present in Canada, but its scale, speed, range, and impact have grown as a result of globalization and technology.
- Last year, CSIS released a public report on Foreign Interference Threats to Canada's Democratic Process. As this report shows, foreign states and their proxies target politicians, political parties, and electoral processes in order to covertly influence Canadian public policy, public opinion and ultimately undermine our democracy and democratic processes.
Foreign Interference Manifestations
Democratic institutions
- Democratic institutions and processes, including elections, are vulnerable and valuable targets for hostile activities by state actors. Canada is not immune to these threat activities. This is not new.
- Hostile activities by certain state actors, such as the Russian Federation and the People’s Republic of China, seek to manipulate and abuse Canada’s democratic system to further their own national interests, or to discredit Canada’s democratic institutions and erode public confidence.
- Threat actors have sought to clandestinely target politicians, political parties, electoral nomination processes, and media outlets in order to influence the Canadian public and democratic processes.
- For instance, state-sponsored cyber threat actors use computer network operations to interfere with elections.
Communities
- Foreign states or their proxies have also threatened and intimidated persons in Canada, including members of Canadian communities, to attempt to influence their opinions and behaviours.
Media
- Both traditional media outlets, such as publications, radio and television programs, and non-traditional media, such as online sources and social media, can be targeted to advance a foreign state’s intent.
- Mainstream news outlets, as well as community sources, may also be targeted by foreign states who attempt to shape public opinion, debate, and covertly influence participation in the democratic process.
Techniques Used to Conduct Foreign Interference
- The first and most important step you can take as an elected official is to be aware that you and your staff are of immediate and constant interest to certain hostile state actors seeking to interfere in Canada’s democratic and electoral institutions and processes. You should also be aware of how they target you and their tradecraft.
- This past summer, CSIS released a public report on Foreign Interference Threats to Canada’s Democratic Process. If you have not already done so, I invite you to consult it.
- A section of this report serves to inform the public of the techniques foreign states use to conduct foreign interference. They include from elicitation, cultivation, coercion, illicit and corrupt financing, cyber attacks, as well as disinformation and espionage.
- Elicitation is when a targeted individual is manipulated into sharing valuable information through a casual conversation.
- For example, a threat actor could knowingly seek to provide someone with incorrect information, in the hope that the person will correct them. A threat actor may also share some form of sensitive information with the individual in the hopes that the individual will do the same − a technique referred to as the “give to get” principle.
- How to avoid it: Be discreet, avoid “over-sharing”, and assume public conversations are monitored.
- Cultivation: Effective threat actors seek to build long-lasting, deep, and even romantic relationships with targets.
- These relationships enable the manipulation of targets when required, for example, through requests for inappropriate and special “favours”.
- Establishing a relationship first comes via cultivation, all while the threat actor’s affiliation to a foreign state is not readily known. Shared interests and innocuous social gatherings are often leveraged for cultivation, and it begins with a simple introduction with the end goal of recruitment over time.
- How to avoid it: Be aware and keep track of unnatural social interactions, frequent requests to meet privately, out-of-place introductions or engagements, gifts and offers of all expenses paid travel, and odd attempts to seek employment with your office.
- Coercion such as blackmail and threats are two of the most aggressive types of recruitment and coercion.
- If a threat actor acquires compromising or otherwise embarrassing details about a target’s life, they can seek to blackmail the person. Sometimes, blackmail or threats may occur after a long period of cultivation and relationship-building. A threat actor may also attempt to put someone in a compromising situation, just to blackmail the person later.
- Threat actors may also use covert operations, such as intrusions, to steal or copy sensitive information and later use that information to blackmail or threaten the individual.
- How to avoid it: Avoid sharing compromising details or personal information with untrusted individuals, both in-person and online. Avoid placing yourself in compromising situations, and seek assistance if someone seeks to threaten or blackmail you.
- Illicit and corrupt financing are inducements that may occur innocuously via a simple request for a favour.
- For example, a threat actor may ask a target to “pay someone back” or relay money to a third party on their behalf.
- Political parties and candidates may also receive funds (e.g., donations) seemingly from a Canadian, though this may have originated from a foreign threat actor.
- How to avoid it: Be aware of inappropriate requests which involve money, and question the source of suspicious donations or “gifts”.
- Cyber attacks: Threat actors can compromise electronic devices through a range of means. Socially-engineered emails (i.e., spear-phishing emails) can trick the recipient into clicking a specific link thereby sharing details about their devices, or can potentially introduce harmful malware into their systems.
- These cyber attacks enable threat actors to collect potentially useful information (e.g., voter data, compromising information about a candidate) that can be used in a foreign influenced operation.
- How to avoid it: Practice good digital hygiene. Use strong passwords, enable two-factor authentication, don’t use untrusted applications, and don't click on links or open attachments unless you are certain of who sent them and why. Avoid mixing personal and professional devices.
- Disinformation: Threat actors can manipulate social media to spread disinformation, amplify a particular message, or provoke users (i.e., “troll” users) when appropriate to serve their interests.
- A growing number of foreign states have built and deployed programs dedicated to undertaking online influence as part of their daily business. These online influence campaigns attempt to change voter opinions, civil discourse, policymakers’ choices, government relationships, the reputation of politicians and countries, and sow confusion and distrust in Canadian democratic processes and institutions.
- How to avoid it: Be critical of what you are consuming online, careful what you share (or repost from others), and take note of unexpected online interactions.
- Espionage: While distinct threats, foreign interference and espionage are often used together by foreign actors to further their goals.
- For instance, information collected or stolen through espionage can be very useful in planning and carrying out a foreign influence or public disinformation campaign.
- How to avoid it: Follow security of information protocols, don’t disclose information to individuals who don’t have a reason to access it, and be discrete about how you handle sensitive information.
- If you ever feel like you or your staff are being targeted by a hostile state or state-linked threat actors, please contact us. We are here to help as much as possible, whenever we can.
Hotlines
- As is common in large, multicultural countries, Canadian communities are subject to clandestine and deceptive manipulation by foreign states. This is foreign interference. CSIS and the RCMP actively investigate this threat to our national security.
- Both the RCMP and CSIS have phone numbers and online reporting mechanisms that are monitored 24/7 for anyone who would like to report a threat to national security, including foreign interference.
- Should individuals ever be concerned for their personal safety and security, it is essential that they contact their local police for immediate action.
- CSIS’ tip line is 613-993-9620, toll-free at 1-800-267-7685. The TTY/TDD number is 613-991-9228. The online reporting mechanism is on CSIS’ web page under “Reporting National Security Information.”
FI in Canada – Targeting of Canadian Communities
Issue: How are Canadian communities being targeted by foreign interference?
Targeting of Canadian Communities
- Foreign states or their proxies have threatened and intimidated persons in Canada, including members of Canadian communities, to attempt to influence their opinions and behaviours.
- When foreign states manipulate or intimidate Canadian community groups in order to influence their opinions or behaviours, these activities constitute a threat to Canada’s sovereignty and to the safety of Canadians.
- CSIS has and continues to invest significant effort into building relationships with individuals, communities and community leaders to establish and sustain trust. In times of crisis, we offer our support and our commitment to work in partnership to help protect and safeguard individuals in communities across Canada.
- While CSIS’s work is often undertaken outside of the public eye, we are steadfast in our commitment to work in partnership with communities and individuals, alongside law enforcement, to keep them safe from harm and intimidation.
- CSIS uses the authorities under CSIS Act to investigate allegations of interference by foreign states that would undermine Canada’s democratic institutions, threaten the privacy of Canadians, or intimidate Canadian communities.
- Canadians can be assured that CSIS is following threat-related activity closely, advising the Government of Canada, and will not hesitate to use our full mandate in order to reduce threats to national security if necessary.
Chinese and Asian-Canadian communities
- To be clear, the threat does not come from the Chinese people, but rather from the Chinese Communist Party and the Government of China. China is pursuing a strategy for geopolitical advantage on all fronts – economic, technological, political, and military – by using all elements of state power to carry out activities that are a direct threat to our national security and sovereignty.
- Our cultural mosaic is all the richer because of the presence of Chinese-Canadians across Canada, in large cities and in small towns dotting every corner of this country.
- CSIS expresses sincere support for Chinese and Asian-Canadian communities who face ongoing acts of harassment and violence that have increased over the course of the pandemic.
United Front Work Department (UFWD)
- While we do not publicly comment on, confirm, or deny the specifics of our investigations and methodologies, open sources have noted that United Front Work Department activities of the Chinese Communist Party incorporate co-opting elites, persuasion, and facilitating espionage.
- Again, I want to assure members that CSIS is actively investigating foreign interference and espionage and views efforts by any organization to clandestinely influence or deceive individuals as a threat to national security.
Harassment on university campuses
- Canada’s academic institutions are centres of excellence that rely on open, creative, and collaborative environments to innovate and develop understanding of critical global issues.
- Some foreign intelligence services and government officials, including of China, exploit this culture of openness to monitor and coerce students, faculty, and other university officials.
- In some instances, students are pressured to participate in activities, such as demonstrations and reporting on other students, which are covertly organized by a foreign power. Universities can also be used as venues for “talent-spotting” and intelligence collection, in specific circumstances.
- When foreign states manipulate or intimidate Canadian community groups or students studying in Canada, these activities constitute a threat to Canada’s sovereignty and to our collective security.
- I can assure Canadians that CSIS is working diligently to protect Canadian communities as well as research and academic institutions – particularly by ensuring they understand the threat and that those at risk have the necessary tools to protect themselves.
FoxHunt
- Certain foreign states routinely attempt to threaten and intimidate individuals around the world through various state entities and non-state proxies.
- These states, such as the People’s Republic of China, may use a combination of their intelligence and security services as well as proxy agents to assist them in conducting various forms of threat activities.
- States may attempt to threaten and intimidate individuals outside their country ostensibly in pursuit of anti-corruption efforts or to bring criminals to justice. These tactics can also be used as cover to silence dissent, pressure political opponents, and instill a general fear of state power, no matter where a person is located.
- When foreign states target members of Canadian communities, these individuals may not have the means to protect themselves or may not know they can report these activities to Canadian authorities.
- The fear of state-backed or state-linked retribution targeting both them and their loved ones, in Canada and abroad, can coerce individuals to submit to foreign interference.
- When individuals in Canada are subjected to such harassment, manipulation, or intimidation by foreign states seeking to gather support for or mute criticism of their policies and actions, these activities constitute a threat to Canada’s sovereignty and to the safety of Canadians.
- Canadians can rest assured that CSIS takes any allegation of foreign interference very seriously and uses the authorities under the CSIS Act to investigate, reduce, and report on threats. Our goal is to keep Canadians safe from harm and intimidation.
Iranian FI
- CSIS takes the threat of foreign interference very seriously and uses the full mandate of the CSIS Act in order to investigate, advise government partners, and respond accordingly.
- As mentioned in our 2021 Public Report, CSIS has and continues to investigate credible reports of several Canada-based relatives of Flight PS752 victims having experienced harassment and intimidation from threat actors linked to proxies of the Islamic Republic of Iran.
- Following tragic events such as the downing of flight PS752, we work with allies and other government departments. Just as important, we work with those we aim to protect.
- While we cannot comment on individual cases, Canadians and all individuals living or visiting in Canada, regardless of their nationality, should feel safe and free from criminal activity. Anyone who believes a crime is or has been committed against them or is concerned for the well-being of an individual should report it to their local police immediately.
- Canadians can be confident that Canada’s law enforcement and security agencies have the skills and resources necessary to detect, investigate and respond to such threats. We will always take the necessary action to keep Canadians and those on Canadian soil safe and we invite people to report any such threats to law enforcement authorities.
Russian Federation and foreign interference
Key Messages
- In the past several years, CSIS has observed espionage and foreign interference activity at levels not seen since the Cold War.
- Foreign interference activities are almost always conducted to further the interests of a foreign country using both state and non-state entities, including state proxies and co-optees. These activities are directed at Canadian entities both inside and outside of Canada, and directly threaten national security.
- State-sponsored disinformation campaigns represent one of the many vectors of foreign interference. Hostile states have been involved in actively spreading such disinformation in an effort to discredit our government institutions, negatively impact social cohesion and gain influence for their own strategic objectives.
- For instance, as noted in its 2021 Public Report, CSIS is aware of several Russian military and intelligence entities that are engaged in information confrontations targeting Ukraine. These activities include the spread of disinformation and propaganda attempting to paint Ukraine and NATO as the aggressors in the current conflict. Such measures are intended to falsely influence populations into believing that Ukraine has provoked a global conflict.
- Additionally, as CSIS indicated in its 2020 Public Report, Russia and the Russian Intelligence Services have, for example, been actively engaged in disinformation campaigns since a March 2020 in an effort to blame the West for the COVID-19 pandemic. This is part of a broader campaign to discredit and create divisions in the West, promote Russia’s influence abroad, and push for an end to Western sanctions.
- While I cannot go in into detail on specific measures, Canadians can rest assured that the CSIS uses the full suite of tools at its disposal to investigate and counter foreign interference.
- Our work ensures the Government of Canada receives intelligence on the critical issue that is foreign interference, and that actions to reduce the threat are taken as appropriate.
- Considering the current situation in in Ukraine, CSIS remains vigilant to any threat activities against Canada and Canadian interests.
Cyber
- Cyber actors conduct malicious activities to advance their political, economic, military, security, and ideological interests. They seek to compromise both government and private sector computer systems by manipulating their users or exploiting security vulnerabilities.
- In 2020, a cyber espionage group linked to Russian intelligence services conducted Computer Network Operations (CNOs) directed towards Canadian, British, and American-based organizations that were involved in COVID-19 response and recovery efforts.
- These malicious cyber activities were believed to be an attempt to steal information and intellectual property related to the development and testing of COVID-19 vaccines.
- Non-state actors, including terrorist groups, have also attempted to conduct CNOs to further their ideological objectives, recruiting supporters, spreading propaganda, or encouraging violence against specific individuals or groups.
- In 2021, Canada joined the United States and international partners in voicing concerns related to a Russian cyber-espionage campaign that exploited the SolarWinds Orion platform.
- Although I cannot discuss specifics about the Solar Winds compromise, I can say we are seeing an increase in the exploitation of cyber tools to steal sensitive information, conduct ransomware attacks, and cause disruption.
- CSIS is also observing an increasing level of sophistication by malicious cyber actors. This includes the use of cybercriminal tactics, like ransomware attacks, by state actors and their proxies.
- Let me use the opportunity to remind Canadians, individuals and companies, of the importance of adopting best practices recommended by industry as well as the Canadian Centre for Cyber Security.
Use of chemical weapons
- Russian state actors have also demonstrated a concerning willingness to use chemical weapons both domestically and abroad.
- As CSIS also noted in its 2020 Public Report, in August 2020, evidence indicates that Russian state threat actors used a nerve agent of the Novichok group to poison leading Russian opposition figure, Alexei Navalny.
- This attack contravened international norms prohibiting the use of chemical weapons and was strongly condemned by the Government of Canada.
- The event is also particularly troubling as it represents another instance of Russian state actors using chemical weapons to stifle dissent.
- The Government of Canada, in conjunction with its Allies, also condemned the use of Novichok – likely by officers from the Russian military intelligence service (the GRU) - in Salisbury, United Kingdom in March 2018.
Espionage and Economic Security
Issue: What is CSIS’ assessment of the threat posed by state-owned enterprises and their investment in Canada?
Key Messages
- As an advanced economy and an open and free democracy, Canada is a target for state actors seeking to gain information, intelligence, and influence to advance their own national interests through hostile means.
- Canada’s abundance of natural resources, advanced technology, human talent, and expertise makes us a world leader in many sectors. We have powerful allies with whom we enjoy close economic, security, and defence relationships.
- All these factors make Canada, Canadians, and Canadian companies a target. CSIS assesses that a number of state actors seek to conduct espionage and interfere in our economy and critical sectors in particular.
- CSIS’ 2021 Public Report makes clear that foreign interference and espionage are persistent and increasing in some areas, such as Canada’s economy and critical sectors.
- This activity can occur through the foreign acquisition of and/or investment into sensitive Canadian intellectual property and technology, which may directly threaten Canada’s economic prosperity and national interests.
- In fact, CSIS is seeing an increased risk of foreign interference and espionage due to the extraordinary effort of Canadian businesses and research centres during the COVID-19 pandemic. As a result, CSIS is conducting outreach and working with these organizations to ensure that their work and proprietary information remains safely in their control.
On CSIS’ role in the Investment Canada Act
- CSIS continues to support Government of Canada national security reviews under the Investment Canada Act, and provides advice on national security threats associated with certain foreign investments and acquisitions.
- This advice is limited to intelligence and analysis relating to threats to the security of Canada. CSIS does not provide policy recommendations on specific cases.
- Part IV.1 of the Investment Canada Act sets out national security provisions which are used to assess proposed or implemented foreign investments into Canadian businesses.
- The Governor-in-Council may take into account a number of factors related to national security, including; the potential impact of the investment on the security of Canada’s critical infrastructure; the potential impact on the supply of critical goods and services; and the potential impact of Canada’s defence capabilities and interests, to name a few.
Responsive
- While I cannot comment on any specific advice CSIS has provided or on any specific transactions, I would note that it is ultimately within the prerogative of the Governor in Council to allow, disallow or impose mitigation measures on investments that would be injurious to Canada’s national security. The perspectives of multiple partners and their relevant areas of expertise inform these decisions.
Research Security
Issue: What is CSIS’ assessment of the threat posed to Canada’s research and intellectual property?
Key Messages
- As an advanced economy and an open and free democracy, Canada is a target for persistent and sophisticated threat activity by state actors.
- Foreign states target Canadian businesses as well as academic and research institutions to advance their interests to the detriment of Canada’s technological progress and future prosperity.
- Foreign states seek to acquire Canadian technology and expertise by using a range of traditional and non-traditional collection tradecraft, including by targeting academic research and conducting computer network operations against entities to gain access to proprietary information
- Certain sectors, including biopharma, health, artificial intelligence, quantum computing, ocean technology, and aerospace, face particularly heightened threat activity.
- Emerging technology in these sectors is vulnerable to espionage by state actors. Academia and small start-ups are attractive targets because they may have a less-developed security awareness culture and fewer protections in place.
- We are especially concerned about threat activities in this realm conducted by China, and to a lesser degree Russia and other states.
- CSIS is working closely with partners to ensure that Canadian entities are aware of the threat environment and have the information they need to make informed decisions and implement pre-emptive security measures.
- For example, CSIS participates on the Government of Canada-Universities Working Group, led by Innovation, Science, and Economic Development Canada, with other government partners and Canadian universities and research institutions.
- Key results of this work can be found on the Government of Canada’s Safeguarding your Research portal, which includes threat briefings, checklists for stakeholders, national security guidelines for federally funded research partnerships, and other resources.
- Our recent outreach to post-secondary institutions and affiliated associations is an example of how CSIS is connecting with stakeholders to ensure Canadian interests are protected. CSIS has leveraged its expertise and footprint in every region of the country to launch a nationwide outreach initiative to raise awareness of the risks of economic espionage.
- The objective is to build resilience in key sectors, including biopharmaceutical and healthcare industries and businesses – and by extension protect the interests of all Canadians.
- This initiative has already had an important impact. We have briefed more than 200 organizations and 1,000 individuals who are now well-informed about the possible threats and have the tools to protect themselves, their research, and their employees.
Outreach and Stakeholder Engagement
Issue: How is CSIS engaging with external stakeholders, including on cyber threats?
Key Messages
- CSIS is committed to engaging with industry, academia, civil society, and communities.
- These efforts are focused on building bridges between CSIS and Canadians and supporting a common understanding of the national security threats we face.
- In order to better understand and combat the complex and evolving security threats we face today, in ways that maintain the trust and confidence of Canadians, we must engage directly with those whose interests it serves.
- These efforts are aimed at listening to and better understanding the communities that CSIS serves.
- This foundational trust is imperative, and helps CSIS to foster the relationships needed to better protect the communities that are directly targeted by threats including violent extremism, foreign interference and espionage.
Cyber Security and Critical Infrastructure
Issue: What is CSIS’ role in cyber security and the protection of critical infrastructure? How has the threat landscape evolved and are the emerging cyber threats?
Key Messages
- Cyber actors, both criminal and state, can direct their attention specifically to critical infrastructure and the risks posed by threat actors on Canadian critical infrastructure continues to evolve.
- As the principal government agency responsible for investigating threats to the security of Canada, CSIS is committed to using the full range of its legal authorities and investigative tools to collect intelligence on cyber attacks, and the people behind them, that pose a threat to the security of Canada.
- CSIS cyber intelligence provides the Government of Canada and allied partners with improved overall situational awareness of the cyber threat environment and allows them to better identify cyber vulnerabilities and take steps to strengthen our collective cyber security.
- If there are reasonable grounds to believe that a hostile activity, such as malicious cyber activity, constitutes a threat to the security of Canada, CSIS has the legal authority to take steps to reduce that threat.
Threats to Cyber Security and Critical Infrastructure
- Malicious cyber actors seeking to steal sensitive and proprietary information have targeted Canadian companies, in almost all sectors of our economy.
- These actors may exploit cyber tools and attempt to disrupt critical infrastructure and vital services, conduct ransomware attacks, interfere in elections, and spread disinformation.
- CSIS has observed persistent and sophisticated state-sponsored cyber threat activity for many years and we continue to see a rise in the frequency and sophistication of this threat activity.
- When our most innovative technology and know-how is lost, it is our country’s future that is being stolen.
Cyber Threats and Incident Response
- While I cannot comment on our operations, I can say that CSIS carries out investigations into cyber attacks that pose a threat to national security.
- As such, CSIS is committed to using the full scope of its mandate to collect information on the nature and intent of these threats, to advise the Government, and when appropriate, take the steps necessary to reduce such threats.
- CSIS is ready and well-positioned to cooperate with various stakeholders should a cyber incident escalate to the level of national security threat.
- While working in cooperation with relevant Government departments, such as the Canadian Centre for Cyber Security and the RCMP, CSIS may engage in incident response in order to further national security investigations.
Modernizing CSIS Authorities
Issue: What changes are necessary to CSIS’ authorities, and why?
Key messages
- As you may know, the CSIS Act benefited from some much needed updating through the passage of the National Security Act, 2017 (Bill C-59). I thank Parliament for its support in achieving this much needed revision to our legislation.
- CSIS’ authorities need to continue to remain current so that we are able to address the challenges of the significantly more complex legal, operational and technological environment in which we operate.
- For example, our Act sets technological limitations on intelligence collection that were not foreseen by the drafters of the legislation in 1984 and limit our investigations in a modern era.
- We need laws that enable data-driven investigations, carefully constructed to reflect the values we share in our democracy, including robust privacy protections.
- At the same time, what the COVID-19 pandemic has shown us is that threat actors will continue to exploit vulnerabilities – whether it’s stealing life-saving Canadian research or indoctrinating Canadians into conspiracy theories about the virus, public health measures and the vaccine.
- CSIS’ work throughout the COVID-19 pandemic has made it even clearer that the private sector's partnership in safeguarding national security is more important than ever.
- However, section 19 of the CSIS Act only allows us to provide unclassified threat overviews to external stakeholders.
- This is another example of the way in which the CSIS Act has not kept pace with the threats of today or our operational reality.
- Keeping pace on an ongoing basis with changes in the threat, technological and legal environment will ensure that we can continue to fulfill our mandate of keeping Canada and Canadians safe – and do so in a way that is consistent with Canada’s values and the trust that Canadians place in us.
On specific amendments
- These decisions are made at the political level and with support from our other Government of Canada partners both within the Public Safety Portfolio and with the Department of Justice.
- To be clear, the purpose of amending the Act would not be to lower safeguards, but rather to ensure CSIS has the authorities to provide timely, relevant advice in line with Government and Canadians’ expectations of their intelligence service.
Intelligence and Evidence
Key Messages
- CSIS and the RCMP collect information for different purposes. Under its mandate, CSIS collects intelligence to advise the Government on national security threats, whereas the RCMP collects evidence to prosecute offences. Sharing intelligence to inform evidence collection presents unique challenges.
- While sensitive CSIS intelligence may be relevant to criminal investigations and legal proceedings, its use for those purposes carries risk, including CSIS’ ability to protect and recruit human sources and its relationships with partners.
- Recognizing the need for better operational collaboration, the RCMP and CSIS had proactively a third party conduct a review of intelligence and evidence issues, and since 2018, the agencies have implemented the 76 recommendations outlined by the Operational Improvement Review.
- This is a complex environment and addressing intelligence and evidence issues requires concerted efforts among a range of federal government departments including CSIS, the RCMP, Public Safety, the Department of Justice and the Public Prosecution Service of Canada.
Recent media reporting concerning CSIS operations
- There are necessary limits to what CSIS can say on intelligence given the need to protect sensitive operations and sources of intelligence from harm.
- The Service is steadfast in its commitment to protecting Canada’s national security in an ethical and transparent manner.
- We are subject to rigorous review as we work to keep Canada and Canadians safe in a very dangerous world.
- Canadians can be assured that Canada’s accountability regime for intelligence activities is one of the most robust in the world. We are bound by strict rules.
- All of CSIS’ activities must comply with Canadian law, including the CSIS Act and the Charter, as well as Ministerial Directions.
- Our activities are also subject to review by the National Security and Intelligence Review Agency and the National Security and Intelligence Committee of Parliamentarians.
Listing of terrorist entities
- Listings are an important tool for the Government of Canada and send a signal that extremist activities are not tolerated in Canada.
- CSIS is a partner in the Public Safety-led terrorist listings regime. The Service is one of several departments and agencies charged with informing the Minister of Public Safety as to the threat that violent extremist entities may pose to Canada, from a national security perspective.
- Intelligence and evidence guide the terrorist listing process and are primary determinants for which entities are considered for listing under the Criminal Code.
- CSIS also works closely with its international partners on understanding the evolution of the global extremist landscape and emerging threat environment so that it is positioned to provide assessments and advice to support actions, including by law enforcement as appropriate.
Ideologically Motivated Violent Extremism (IMVE)
Issue: What is ideologically motivated violent extremism? What is CSIS’ role and assessment of this threat?
Key Messages
- CSIS takes the long standing threats of religiously, politically and ideologically motivated violent extremism very seriously.
- The uncertain environment caused by the global COVID-19 pandemic is ripe for exploitation by violent extremists.
- It is important to understand that extremism can stem from a range of motivations and personal grievances and is driven by hatred and fear and includes a complex range of threat actors.
- IMVE can stem from a range of ideologies and is driven by hatred and fear. These ideologies can be:
- xenophobic and linked to white supremacy or neo-Nazism, and ethno-nationalism;
- anti-authority and targeted at governments and law enforcement;
- gender-driven, which can lead to violent misogyny; and
- based on other grievances without clear affiliation to an organized group or external guidance.
- Extremists draw inspiration from a variety of sources including, books music, and of course, online discussions, videos and propaganda. Those holding extremist views often attempt to create a culture of fear, hatred and mistrust by leveraging an online audience in an attempt to legitimize their beliefs and move from the fringes of society to the mainstream.
- As freedom of speech is constitutionally protected, CSIS can only investigate threat actors who meet its investigative threshold – those who are mobilizing to violence or are providing support to an act of violence, as defined in the CSIS Act.
- As such, CSIS does not investigate lawful advocacy, protest or dissent. While the internet is filled with racist, bigoted and misogynistic language and narratives, much of it falls under the category of ‘awful but lawful’.
Threat Landscape
- Ideologically motivated violent extremism (IMVE) is a complex and constantly evolving threat. It has the potential to grow, lead to more acts of serious violence, and cause further erosion of trust in our institutions of government.
- IMVE is often driven by a range of grievances and ideas from across the ideological spectrum. The resulting worldview consists of a personalized narrative that centre on an extremist’s willingness to incite, enable and / or mobilize to violence.
- These last few months and years have shown the threat that IMVE represents in Canada The combination of major disruptive global events like the pandemic, the ever-increasing influence of social media and its global reach, and the spread of conspiracy theories has created an uncertain environment ripe for exploitation by violent extremists.
- Canada is not immune to acts of violent extremism; Individuals in Canada are exploiting this environment by spreading violent rhetoric online and some have engaged in violence.
- Since 2014, IMVE related attacks have resulted in 26 individuals who have been killed and 40 injured on Canadian soil. As you all remember, last year on June 6th in London, Ontario, we saw the threat itself in a tragic attack where four members of the same family were run down and killed because of their faith. Quite simply, this act was despicable and has no place in our society.
Rise of IMVE threat in Canada
- As reported by the Security Intelligence Review Committee (SIRC) in January 2016, CSIS concluded that the extent and nature of the Right Wing Extremist (RWE) threat no longer met the CSIS threshold for investigation. As such, CSIS ended its investigation into RWE in March 2016.
- In January 2017, following the attack at the Grande Mosquée in Québec City, CSIS reopened its investigation into RWE.
- At that time, CSIS observed that the motivations behind this type of violent extremism had become more complex. Individuals were no longer influenced by a singular and definable belief system, but a range of very personal and diverse grievances.
- For that reason, CSIS took a leading role in developing an understanding and terminology that more accurately depicts the broad range of motivations behind this particular extremist threat facing Canada.
- Based on its findings, CSIS decided to stop using the terms “right-wing” and “left-wing” to define the threat. Instead, it uses ideologically motivated violent extremism – which has now been adopted by both Australia and New-Zealand.
- It is clear from the 2017 Mosque attack, the 2018 van attack, the 2020 spa attack in Toronto, and the 2021 van attack in London, that Canada is not immune to acts committed in whole or in part by IMVE.
Online threat environment
- Violent extremism online continues to represent a deeply concerning threat to public safety and a significant area of focus for CSIS, as it evolves in complexity.
- Online threats represent a modern challenge and demonstrate the clear need for CSIS to be equipped with the tools and authorities it requires in order to protect Canada and Canadians in the digital age.
- As technology and applications proliferate, extremist online collectives can replicate disinformation and interference campaigns that were once the reserve of state actors or large non-state organizations.
- Threat actors have access to a wealth of information online and CSIS has seen a surge in violent extremist content proliferating in that environment. Propaganda is easily disseminated using both mainstream and alternative media and social media platforms.
- We have seen a combination of misinformation and disinformation pollute the global information environment. This manipulation and propagation of information can erode confidence in our democratic values, institutions, and polarize societies while undermining trust in our democratically elected governments.
- Many of these platforms can be used anonymously or leverage encryption technologies to enable threat actors to conceal their identity and evade detection by law enforcement and security agencies, while spreading their message, inciting violence and recruiting link-minded individuals.
- If violent extremists are spreading propaganda online to recruit and fundraise for their cause, inspiring acts of violence or conducting a live terrorist act for an online audience, CSIS and law enforcement need to be informed of the threat and equipped to investigate and prevent further threat activity.
Afghanistan
Issue: What is CSIS’ role in supporting the humanitarian effort with regards to Afghanistan?
Key Messages
- CSIS understands the humanitarian imperative of assisting vulnerable Afghans and unquestionably wants to protect those whose lives are at risk. However, we must ensure that threat actors cannot take advantage of Canada’s humanitarian efforts to support terrorism. This is true of any major funding programs or initiatives.
- CSIS remains a key partner to Immigration, Refugees and Citizenship Canada in its efforts to evacuate vulnerable Afghans in support of this humanitarian imperative. The Service plays an important role in ensuring that threat actors cannot leverage immigration pathways to Canada.
- In light of the situation in Afghanistan, and the potential new security risks that it creates, CSIS has prioritized its collection and assessment efforts, specifically as they relate to supporting the security screening process.
- CSIS is continuing to engage domestic and international partners to assess what best practices can be applied to ensure the most robust process.
Canadian Extremist Travellers
Key Messages
- CSIS and the Government of Canada have continued to monitor and respond to the threat of Canadian extremist travellers (CETs).
- CETs who seek to return to Canada can pose a threat to national security.
- While I cannot go into specifics about individuals, I can generally say that individuals who travelled abroad to engage in extremist activities are of concern to CSIS.
- These individuals may leave Canada to support, facilitate, or participate in violent extremist activities.
- These individuals may have been further radicalized, and may have acquired training and combat experience abroad. Their personal experiences may also be instructive to others who are radicalized.
- Individual CETs are assessed on a case by case basis.
- CETs pose a wide range of security concerns, both while abroad and if they return to Canada. Broadly speaking, CETs have affiliations with multiple violent extremist groups and movements, and may represent IMVE, politically motivated violent extremism (PMVE), and/or RMVE perspectives.
- As you can appreciate, I cannot discuss the precise nature of our investigations for reasons of national security. But, I can assure you that CSIS takes very seriously the threats to Canada posed by violent extremists, both at home and around the world.
- Global Affairs Canada remains the Government of Canada lead on this issue given that the majority of cases are consular. GAC continues to provide guidance to the Government of Canada for the provision of urgent or extraordinary assistance to a detained CET and any children facing difficult circumstances.
- The Service continues to be part of interdepartmental discussions and as per its mandate, provides advice to government partners on possible threats to Canadian national security.
If pressed on children in the camps:
- CSIS’ concern is with individuals who may pose a threat to the security of Canada. As the cases of young children are consular in nature, enquiries should be directed to Global Affairs Canada.
CSIS Screening
Issue: What is CSIS’ security screening mandate? What are the different screening authorities under the CSIS Act? What is CSIS’ role in advising Government on security assessments?
Key Messages
- CSIS’ security screening program is Canada’s first line of defence against terrorism, extremism, espionage, and proliferation.
- Upon request from other departments, CSIS’ security screening mandate supports government clearance processes and immigration-related security screening.
- High standards are applied across the board to support the integrity of these processes and to prevent national security threats from materializing.
- Though it supports an important element of the decision-making process, I must emphasize that CSIS provides advice to requesting departments; it does not make the decision on whether to grant, deny or revoke a security clearance, nor does it determine an individual’s eligibility or admissibility to Canada.
On Government security screening
- Under its mandate for Government Security Screening, CSIS provides security assessments on individuals who seek employment with the Government of Canada. This advice may also be provided to some provincial governments and other organizations, when employment requires individuals to have access to classified information or sensitive sites.
- Under reciprocal screening agreements, CSIS also provides security assessments to foreign governments, agencies and international organizations on Canadians seeking to reside and work in another country.
- On request, CSIS, in conjunction with other federal partners, conducts security checks of elected officials who are being considered for appointment as ministers, parliamentary secretaries and all Order in Council appointments.
On recourse when a clearance is denied or revoked
- Individuals who have been denied a clearance or have had their clearance revoked can make a complaint to the National Security and Intelligence Review Agency.
- CSIS fully participates in the complaints process.
If pressed on specific complaints:
- I cannot comment on specific complaints, due to privacy concerns and to the nature of the proceedings.
Workplace Culture and Diversity & Inclusion
Issue: Is CSIS willing to recognize there is systemic racism in our society?
Key Messages
- CSIS is working to reflect the population it serves and is committed to increasing diversity in its workforce.
- I cannot comment on the class action currently before the Federal Court.
- But I can say that CSIS acknowledges that there are social and administrative structures and systems in place in our organization that result in – or fail to prevent – disadvantaging certain people or groups. This is systemic racism.
- As our Director has said numerous times, CSIS takes any allegation of inappropriate behaviour, including harassment and discrimination, very seriously. Over the past few years, in response to some serious allegations, we have been taking steps to ensure CSIS is a healthy and respectful work environment.
- CSIS is working hard to integrate strategies and approaches that help to reverse systemic barriers and broaden the organization’s understanding, appreciation, and valuing of diversity of all types. We are looking at our people, our systems and our culture to effect this change.
- For example, CSIS published its Code of Conduct on its public website for the first time. This is an important step in our commitment towards a healthy and respectful workplace, and signals our values to the public. It clearly articulates what is expected of employees and it has been built into the performance evaluations of every employee at all levels to ensure that the responsibility of creating a respectful workplace is shared.
- Each and every CSIS employee is responsible for ensuring that their actions, behaviours and decisions are inclusive and respectful and that any instances of exclusion, bias, or disrespect – systemic or otherwise – are addressed.
- Operationally, CSIS does not employ racial profiling. CSIS targets threats, not groups. Profiling is not only unethical but it also does nothing to further our mission and national security investigations.
- Simply put, systemic racism exists in Canada. It is something that cannot be tolerated within any part of Canada’s national institutions, including ours.
Workplace Climate
- Just like the people of Canada, we are a diverse and inclusive workforce. Our diversity allows us to better understand the demographics of the Canadian communities we protect and gives us better tools to collect relevant and accurate intelligence.
- Our Director is personally committed to working to ensure that CSIS is a workplace free from discrimination, bias, harassment, or bullying so that all employees come to work every day in a safe, healthy and respectful environment.
- Given the complexity of the current threat environment, I need to make sure all of my employees are at their best. And certainly in these challenging times, this is a growing organizational priority.
- I have made it clear that senior management will continue to be accountable in demonstrating leadership and commitment to building and sustaining a healthy workplace; the safety and security of our operations depend on this.
- A safe and healthy workplace is a successful workplace and contributes to national security. We take the greatest pride in the exceptional quality of our workforce. Our people are CSIS’ most valuable resource.
Promotion of diversity and inclusivity
- CSIS is taking deliberate steps to increase diversity and inclusion across the Service. That is why in 2019 CSIS established its Gender Based Analysis+ Unit (GBA+) to further ensure its policies and operations are bias-free and evidence-based.
- CSIS employees speak more that 117 languages and dialects, with 67% of employees speaking both official languages.
- CSIS’s workforce in 2021 was 49% female and 51% male.
- In 2021, 19% of CSIS employees identified themselves as Visible Minorities, 2% as indigenous and 5% as persons with disabilities.
- CSIS is launching a new Diversity, Equity and Inclusion Strategy for our organization. This strategy was the result of considerable review and consideration of systemic barriers, discrimination, and racism in the organization and was co-developed with employees. It includes a concrete action plan with measurable objectives and timelines as well as steps to ensure accountability and transparency in implementation.
- CSIS recently launched an Intelligence Officer recruitment campaign aimed at increasing representation amongst employment equity groups and focusing recruitment efforts across Canada to draw on talent pools outside of the National Capital Region.
- Other steps include numerous targeted initiatives intended to increase overall representation of diverse groups in the Service, address gaps in specific occupational categories, and establish and entrench expectations for a bias-free, respectful organization.
- CSIS also works proactively with employment equity groups, fosters mentorship programs internally to support diverse employees in preparing for competitions, and has a diverse Talent Acquisition and Student Hiring team, with resources dedicated to ensuring diversity. We are in the midst of building a new, comprehensive and multi-year Diversity and Inclusion Strategy as well as an Accessibility Strategy that are both built on research and consultations with employees.
- As an agency, we are committed to working to ensure that CSIS’ workplace is free from discrimination, bias, harassment, or bullying so that all employees come to work every day in a safe, healthy and respectful environment.
- To this end, the task of creating a respectful workplace has been built into the performance evaluations of each and every employee and CSIS has revised its Code of Conduct to clearly outline expectations. Comprehensive training equips employees to meet these requirements.
Actions taken
- As a result of the 2017 Toronto Region Workplace Climate Assessment, I can say emphatically that we have made improvements to our internal processes, so that all our employees come to work every day in a safe, healthy and respectful environment.
- That is why I have taken concrete steps to strengthen the cultural values of our workplace, this includes:
- Adding enhanced mandatory training for supervisors and a common performance objective for all CSIS employees and executives on promoting a healthy workplace,
- Launching The Respect Campaign to re-enforce the importance of respect in our working relationships,
- Renewing our Code of Conduct and making it a condition of employment, and
- Holding numerous informal meetings and town halls at our offices across the country to discuss any concerns employees may have about their workplace climate.
- Our employees are always encouraged to report incidents of harassment, discrimination, or bullying without fear of reprisal and all of our managers are required to act promptly on any issues brought to their attention, and if necessary, request a formal investigation.
- Our renewed leadership training for managers is focused on fostering the right competencies to ensure strong supervisory and people management skills at all levels, and to ensure managers exhibit the Service’s values and ethics through all of their actions and behaviour.
- CSIS will continue to ensure that the behaviour of all employees reflects our Code of Conduct which includes respect for people, democracy, integrity, stewardship and professional excellence.
- As the trust of Canadians is essential in order for CSIS to fulfill its mandate, I am committed to keeping Canadians informed on our progress to address these issues.
CSIS Federal Court Decision (En Banc)
Issue: The Federal Court released its third ruling on the Canadian Security Intelligence Service’s (CSIS) duty of candour obligation on February 4, 2022.
Key Messages
- This is the ruling on the third and final warrant application that formed part of the En Banc matter. The Court determined that the warrant at issue could have been issued even if the information derived from potentially illegal activities was excluded.
- As our Director has stated since the first decision became public, protecting Canadians in a manner that is compliant with the law is something that CSIS is determined to uphold.
- Importantly, the issue raised by the En Banc decisions has now been addressed with the passage of the National Security Act 2017, which provides CSIS with a limited justification framework to conduct activities that would otherwise constitute offences.
- The potentially illegal activities involved in this case are, in fact, routine intelligence collection activities, used around the world by national security and law enforcement agencies to investigate terrorism and keep people safe, such as: paying a source for information, or providing a cell phone to a source to assist them in undertaking their work.
- CSIS has taken concrete steps to address the Court’s concerns, which include proactively commissioning reviews conducted by external partners to ensure that CSIS duties are conducted in accordance with
the law. - The Service has also taken concrete steps to improve organizational awareness. Additional training is being provided to employees to enhance internal understanding of CSIS’ role and its obligations to the Federal Court, the Government of Canada and Canadians.
- CSIS has also cooperated fully with the National Security and Intelligence Review Agency’s review requested by the Ministers of Public Safety and Justice.
- In addition to these measures, I would like to reiterate that CSIS works hard to protect our country and Canadians from a wide range of national security threats. The Court has acknowledged this and recognized that the consequences of failure are significant. At no time was the safety of Canadians at risk, nor were our rights and freedoms threatened.
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