Commissioner's Message

As I approach the end of my second term, I look back on a very active and satisfying year. I am privileged to be the Communications Security Establishment Commissioner at this critical juncture as the government overhauls the national security accountability framework.

First, Bill C-22 established the National Security and Intelligence Committee of Parliamentarians. As this bill received Royal Assent in June 2017, Bill C-59 was introduced, providing new authorities to security and intelligence agencies to meet an evolving threat and protect Canada and Canadians while at the same time broadening scrutiny overall. All of us in the review field affected by this legislation and this bill must strive to ensure that they do indeed strengthen the accountability of Canada's security and intelligence agencies. An inherent dimension of this accountability will be to ensure that we also continue to be as transparent as possible so that the public better understands how and with what degree of rigour those agencies, which must operate largely in secret, are being held accountable. The scope of the changes we are undergoing may seem daunting; however, a steady and committed approach as we proceed through the initial period will help achieve the desired objectives ultimately determined by Parliament.

Bill C-59 is complex and far-reaching in its scope. It proposes to make the most significant changes to national security laws, activities and accountability mechanisms since the Canadian Security Intelligence Service Act was enacted almost 35 years ago, creating the Security Intelligence Review Committee and the Inspector General. Bill C-59 will establish three new acts and amend five existing ones. My current role of reviewing past activities of CSE will be assumed by a new, single review body, the National Security and Intelligence Review Agency that will be mandated to review any national security activities carried out by any government agency or department. Another law created by this bill, the Intelligence Commissioner Act, will see my office transition to a new, quasi- judicial role. I will be involved in the decision-making process, reviewing ministerial authorizations concerning certain activities of CSE and the Canadian Security Intelligence Service (CSIS). If I am satisfied after my review that the authorizations signed by the minister are reasonable, I will, as Intelligence Commissioner, have the authority to approve them, and only then could the activities be undertaken.

I am watching the bill's progress through Parliament with great interest. To the extent possible, I want to ensure that the proposed legislation does not recreate the problems that have troubled Part V.1 of the National Defence Act. Introduced in 2001, Part V.1 contained ambiguities that, despite recommendations issued repeatedly by my predecessors and me, were never addressed, until now with Bill C-59. However, this bill contains ambiguities of its own. To this end, I made several submissions to the House of Commons Standing Committee on Public Safety and National Security (SECU) that was examining Bill C-59. I outlined proposed amendments to provide clarity and avoid ambiguities. Other amendments I proposed would, I believe, add a degree of flexibility with the goal of increasing the efficiency of the process of the Intelligence Commissioner's review and approval of certain ministerial authorizations for CSE and CSIS.

Canada isn't alone in making major changes to its national security authorities and accountability mechanisms. Other countries have also been responding to demands for new tools to counter ever-evolving threats and at the same time strengthening accountability. The close partnership of the intelligence agencies in Canada, the United States, the United Kingdom, Australia and New Zealand (the Five Eyes) provided an ideal springboard for a forum for officials from the review and oversight bodies of these countries to explore mutual issues and concerns and to share best practices. With my colleague the Chair of the Security Intelligence Review Committee and our counterparts from these countries, we agreed to establish the Five Eyes Intelligence Oversight and Review Council in late 2016. Canada hosted the first in-person meeting of the Council at my offices in October 2017. The Intelligence Commissioner would continue to participate in this group.

This council is just one part, though a significant one, of efforts to enhance exchanges with review and oversight bodies in other countries. Discussions within this group can contribute to the effectiveness of the important work that intelligence agencies do while ensuring that such work is done within their legal authorities, including respecting privacy rights within our respective countries.

Before closing, I would like to offer my congratulations to Ms. Greta Bossenmaier on her appointment as National Security and Intelligence Advisor to the Prime Minister. As Chief of CSE, I appreciated her professional, frank and cooperative approach to our working relationship.

Finally, I would like to end with a word to commend my staff for their superb and unrelenting efforts during this past dynamic year: in assessing Bill C-59 and ensuring our contribution was and is positive and constructive; in diligently beginning preparations for the transition to a new and unique oversight role in Canada; in planning for the impact of this transition on the internal services of my office and the many additional responsibilities implied; in ensuring a constructive dialogue with CSE and CSIS with regard to the new role for the proposed Intelligence Commissioner; and all the while upholding our ongoing responsibilities of reviewing the activities of CSE to ensure it is complying with the law and protecting the privacy of Canadians, until such time as Bill C-59 becomes law.