The Future of Review for CSE

In prepared remarks to the conference of Inspectors-General and Review Agencies, I noted that over the past decade or two, many of our governments have increased their efforts to monitor and report on the lawfulness of their intelligence agencies - a trend I said was likely to continue. Government actions in this regard have been deliberate and carefully thought out, in keeping with the importance and sensitivity of intelligence activities, but the direction is clearly toward greater openness and increased accountability.

I noted that a key issue in the Canadian context is whether the Government of Canada should introduce legislation for CSE. I observed that any such legislation would likely include the creation of a permanent review mechanism in place of my fixed-term appointment by Order in Council.

As I have said before, I believe that legislation for CSE would be an appropriate development. However, if and when the government decides to move in this direction, it should act with the same caution and deliberation that have been the hallmarks of western governments in dealing with their intelligence agencies. In my view, the arrangements now in place to review CSE are entirely effective, and there is no urgency to alter them independent of the larger issue of whether CSE should have a legislative base. Permanent review arrangements should reflect the foreign intelligence nature of the work of CSE and the degree to which CSE could infringe on the rights and privacy of Canadians in fulfilling its mandate.