Responses to NSIRA’s review: Canadian Security Intelligence Service's Use of the Justification Framework (2024)
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NSIRA’s review: Canadian Security Intelligence Service's Use of the Justification Framework (2024)
Recommendation 1:
NSIRA recommends that CSIS improve and enhance internal guidance, oversight, and quality assurance of documentation supporting employee use of the Justification Framework. This function should be resourced in a manner commensurate with the importance and scale of the justification framework to CSIS operations, in order to ensure compliance with the CSIS Act and internal policy requirements.
CSIS response
CSIS agrees with NSIRA's recommendation.
CSIS welcomes NSIRA's recommendation to continue to improve its processes and outcomes, which in turn can lead to positive change and foster an even stronger culture of compliance. CSIS also welcomes recommended improvements to ensure that strict adherence to the CSIS Act and internal policy requirements remains when the Justification Framework is used by CSIS employees.
CSIS will proactively assess and align its resources for specialized operations to ensure its functions adequately reflect the critical importance and operational scale of the Justification Framework. This includes an evaluation of the structure and composition of the internal unit responsible for overseeing the Justification Framework. These efforts will help optimize its effectiveness, ensure alignment with organizational priorities, and build confidence across all operations.
Related finding(s)
Finding 1: NSIRA found that CSIS complied with the limitations on the use of the Justification Framework in all operations reviewed.
CSIS response
CSIS agrees with NSIRA’s finding.
CSIS is pleased that NSIRA found that it consistently upheld the highest standards of accountability and adherence to policy and statutory requirements in applying the framework.
Related finding(s)
Finding 2: NSIRA found that, in [REDACTED] operations reviewed, CSIS employees insufficiently documented the reasonableness and proportionality of the commission or direction of acts or omissions that would otherwise constitute offences, contrary to CSIS policy.
CSIS response
CSIS partially agrees with NSIRA’s finding.
CSIS remains committed to appropriately documenting the reasonableness and proportionality of acts or omissions that would otherwise constitute offences, recognizing this as a cornerstone of lawful operations. While CSIS may not fully agree with the characterization of its documentation as insufficient, CSIS is committed to achieving high standards in its documentation, with the goal of exceeding minimum requirements.
Canadians expect a high level of openness and transparency from Canada's national security institutions. Maintaining and strengthening the confidence and trust of Canadians is of the utmost importance to CSIS. As such, Canadians can be assured that CSIS operations are governed by stringent oversight and approval mechanisms, including senior-level review and authorization, to ensure reasonableness and proportionality. When paired with existing documentation and comprehensive training, including a mandatory refresher module covering reasonableness and proportionality documentation, these processes establish a robust framework for lawful and proportionate operations.
Related finding(s)
Finding 3: NSIRA found that CSIS may not have been in compliance with subsection 20.1(11) of the CSIS Act when [REDACTED] employees committed acts or omissions that would otherwise constitute offences while not designated by the Minister.
CSIS response
CSIS disagrees with NSIRA’s finding.
CSIS takes any potential non-compliance seriously and recognizes the importance of upholding the highest standards of accountability and transparency. CSIS will take appropriate actions to continue to ensure compliance pursuant to the requirements in the CSIS Act.
While CSIS appreciates NSIRA’s finding, section 20.1 of the CSIS Act empowers designated employees to commit or direct another person to commit an act or omission. To ensure operational effectiveness, other CSIS employees may support designated employees in carrying out an operational plan, depending on the scope and duration of the information and intelligence collection activity. The Intelligence Commissioner was briefed on the mechanism CSIS uses to allow other employees to support designated employees in carrying out operational plans, including how it is documented.
Related finding(s)
Finding 4: NSIRA found that CSIS may not have been in compliance with subsections 20.1(12) and (15) of the CSIS Act when [REDACTED] employees directed acts or omissions that would otherwise constitute offences absent authorization from the Director or a designated senior employee.
CSIS response
CSIS agrees with NSIRA’s finding.
CSIS prioritizes continuous improvement in all aspects of its operations, and takes any potential non-compliance seriously. CSIS fully recognizes the importance of upholding the highest standards of accountability and transparency, and is currently assessing this finding through its internal compliance framework to identify opportunities for enhancement.
CSIS affirms that subject to section 20.1 of the CSIS Act, designated employees need to be authorized by the Director of CSIS or a designated senior employee prior to directing a person.
Related finding(s)
Finding 5: NSIRA found that CSIS may not have been in compliance with subsection 20.1(23) of the CSIS Act in [REDACTED] operations when employees did not report in writing to the Director or a designated senior employee following the commission or direction of [REDACTED] acts or omissions that would otherwise constitute offences.
CSIS response
CSIS partially agrees with NSIRA’s finding.
CSIS is dedicated to upholding the highest standards of accountability, transparency, and continuous improvement. This finding, as well as any of the potential non-compliance events identified, are currently being assessed using CSIS’ internal compliance framework.
CSIS requires that a designated employee who commits an act or omission or who directs the commission of an act or omission shall, as soon as the circumstances permit after doing so, submit a written report to the Director of CSIS or a designated senior employee describing the act or omission.
Related finding(s)
Finding 6: NSIRA found that CSIS may not have been in compliance with subsection 20.1(26) of the CSIS Act when it did not notify NSIRA of all instances of authorizations to direct, reports of commission, and reports of direction of acts or omissions that would otherwise constitute offences.
CSIS response
CSIS disagrees with NSIRA’s finding.
CSIS is committed to maintaining a positive relationship with NSIRA and other review bodies as it strives to strengthen CSIS as one of Canada's national security institutions subject to review. CSIS confirms it has notified NSIRA in all required instances.
To enhance transparency to Canadians, CSIS notes that since 2019, it has collaborated with NSIRA to develop and refine its reporting tool, ensuring transparency and oversight by granting access and making timely modifications.
CSIS has met and exceeded the statutory notification requirements of s.20.1 (26) of the CSIS Act, aligning with NSIRA’s guidance, and fulfilling its statutory obligations.
CSIS clarifies that s.20.1 (26) requires notification only for existing messages/reports, when submitted. If no message/report exists, it cannot be shared.