Activities of the Office

Maintaining the confidence of parliamentarians and Canadians in the work of the office requires openness and transparency, as well as concerted efforts to keep up with ever-evolving technologies and to capitalize on opportunities to share best practices with the office's counterparts in other countries.

Contributing to the dialogue on national security and accountability

National security was in the spotlight in the past year, with government-sponsored nation-wide public consultations. The office contributed responses to a series of questions prepared for the consultations about oversight, including existing review bodies, and the proposed committee of parliamentarians on national security. On a more specific issue, the Commissioner wrote to Minister Goodale, who oversees the consultation process, to provide his views to counter a proposal to require CSE to obtain judicial warrants, instead of ministerial authorizations, when CSE unintentionally intercepts a private communication.

Apart from the consultations, the Commissioner appeared before parliamentary committees to present his perspective on legislation that touches on issues related to accountability, CSE and the work of the office:

• House of Commons Standing Committee on Public Safety and National Security, November 15, 2016: The Commissioner appeared before this committee in relation to Bill C-22, which proposes to establish a national security and intelligence committee composed of parliamentarians. Encouraged by the additional transparency and accountability such a committee could contribute to national security and intelligence activities, the Commissioner explained how the committee could also be a catalyst for collaboration among review bodies. The Commissioner noted that the committee's broad mandate and the respective roles for review bodies and the proposed committee should be clearly defined to avoid duplication and to ensure complementarity;

• House of Commons Standing Committee on Access to Information, Privacy and Ethics, December 7, 2016: The Commissioner discussed the first year of the implementation of the Security of Canada Information Sharing Act (SCISA) – which relates to information sharing among Canada's security and intelligence agencies and departments. Although CSE did not share or receive information under SCISA in the first year, the Commissioner echoed the concerns of the federal Privacy Commissioner that the threshold for sharing information does not consider whether personal information is involved, and that personal information in particular should be subject to a higher threshold for sharing;

• House of Commons Standing Committee on National Defence, March 21, 2017: The Commissioner outlined four important issues, including changes needed to the National Defence Act, clarifications needed to Bill C-22 on how review bodies will work with a proposed committee of parliamentarians, the need to have cooperation among review bodies authorized in legislation, and the value of transparency for security and intelligence agencies, and their respective review bodies, in strengthening overall accountability and enhancing public trust.

Remarks and letters from the Commissioner are posted on the office's website.

Outreach, Learning and Networking

The office's review process is built on maintaining an in-depth understanding of CSE policy and operations. In this context, training of the office's review staff includes attending the same CSE courses given to CSE employees. In turn, the office continued to deliver presentations about the role and work of the Commissioner as part of the orientation of new CSE employees.

Office staff members keep abreast of intelligence and security, legal, privacy, and technology issues through attendance and participation in a variety of courses offered by government institutions, professional associations, and universities. Conferences attended by staff over the past year include the International Cyber Risk Conference and the Security Education Conference Toronto. At the 18th Annual Privacy and Security Conference in Victoria, B.C., the Executive Director was moderator and presenter on a panel entitled “Privacy, National Security and Accountability: How Can Public Trust Be Ensured?” Other panel participants included representatives from the media, the Office of the Privacy Commissioner, CSE and a former general counsel for the U.S. National Security Agency.

Other opportunities for learning, networking and outreach included attendance at symposia dealing with international affairs, information technology security, national security, privacy and cyber security. Some host organizations included the International Association of Privacy Professionals, the Smart Cybersecurity Network, the Executive Panel of the Canadian Defence Engagement Program, and the Canadian Association for Security and Intelligence Studies. In January 2017, the office's in-house counsel spoke to University of Ottawa law students on the office's mandate and role. The office also continued to provide support to the Canadian Network for Research on Terrorism, Security and Society (TSAS), a network created by a number of university academics.

Canadian and International Review Bodies

The Commissioner and the Chair of the Security Intelligence Review Committee (SIRC), with their senior officials, have continued discussions about cooperation nationally and internationally. They and the Civilian Review and Complaints Commission for the RCMP (CRCC) have also appeared together before parliamentary committees examining Bill C-22 and the Security of Canada Information Sharing Act.

Productive discussions with international counterparts marked the fall of 2016. The Commissioner and senior officials met with members of the U.K. Intelligence and Security Committee of Parliament. Discussions included issues of transparency and public trust, and relations between a parliamentary oversight committee such as theirs with existing review bodies. The Chair of the U.K. committee noted that oversight and review bodies in both countries share similar challenges, particularly in monitoring the balance between privacy and security.

Also in the fall, the Commissioner and senior officials from the office met with David Anderson, the U.K. Independent Reviewer of Terrorism Legislation. Among the numerous topics covered was Mr. Anderson's assessment of the 2016 update of the British government's Investigatory Powers Bill, in which he noted the legislation “introduces world-leading standards of transparency” and provides “legal sanction to a range of powers which have already proved their worth.” That bill passed into law in November.

Finally, the Commissioner and Executive Director, along with their colleagues from SIRC, discussed issues of common interest with review and oversight bodies from Australia, New Zealand, the United Kingdom and the United States, in a Washington, D.C. meeting. Such meetings will become more important, for learning not only about best practices in review and oversight, but also how the Five Eyes review bodies can more effectively examine the relationships among their intelligence agencies to strengthen public trust in their respective countries.