Introduction

By the Honourable Peter deC. Cory, C.C., C.D.

I was pleased to accept the appointment of Communications Security Establishment Commissioner, effective December 14, 2009. The office had been without a Commissioner since the untimely death last July of my predecessor, and former colleague on the Supreme Court of Canada, the late Honourable Charles D. Gonthier.

Upon my arrival at the office last December, what impressed me immediately was the professionalism and dedication of the staff. Despite the fact that there had been no Commissioner in place between the passing of Mr. Gonthier and my appointment, the work of the office continued, with staff carrying on review of the Communications Security Establishment Canada (CSEC) activities. The only work that did not proceed was the forwarding of review reports to the Minister, a task which is the sole responsibility of the Commissioner.

I was also struck by the professionalism and dedication of CSEC personnel. One area of activity in 2009–2010 which stands out is CSEC's important, and at times life-saving, work in support of Canadian Forces in Afghanistan, as a priority established by the Government of Canada.

During the time between my appointment and the end of this reporting period, I was thoroughly apprised of CSEC's activities through a comprehensive briefing from the Chief of CSEC as well as briefings and discussions with my staff pertaining to the review of CSEC's activities to assess compliance with relevant legislation.

I know from past reports that those CSEC activities that were reviewed complied with the law. The opportunity I had for discussions with the Chief and with my staff demonstrated to me that there is consistency in the way in which CSEC fulfills its mandate. Those activities about which I submitted reports to the Minister of National Defence also complied with the law. This is a reflection of a culture of compliance that exists within CSEC.

This is not to say that there are not certain issues about which there are or may be disagreements. These disagreements can be worked through more effectively, however, when there is a fundamental understanding of the law by CSEC staff and a practical appreciation of how it applies to their work.

As a final word, let me state that subsequent to my appointment in late 2009, a number of factors intervened to lead me to limit my time as Commissioner. These are circumstances that I sincerely regret, since the process of selection must take time. However, life sometimes sets before us circumstances that do not always work out the way we would have thought or preferred. I am grateful for the opportunity I had to work with the able and conscientious staff at the Commissioner's office. I am assured as well that my successor has a sound base on which to carry forward the important, independent role of the Commissioner in ensuring that CSEC complies with the law and protects the privacy of Canadians while fulfilling its legislated mandate.