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CSIS hurting people while disrupting potential threats: Report

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OTTAWA –

A new report from the federal spy watchdog says the Canadian Security Intelligence Service failed to adequately consider the potentially serious adverse effects on people and their families when using its powers to disrupt potential threats.

The National Security and Intelligence Review Agency report also finds the spy service takes an “overly narrow” approach when determining whether a judicial warrant is required for a particular threat disruption measure.

Eight years ago, Parliament passed legislation allowing CSIS to go beyond its traditional role of gathering information about espionage and terrorism to actively derailing suspected schemes.

For instance, the disruption powers could permit CSIS to thwart travel plans, cancel bank transactions or covertly interfere with radical websites.

The Ottawa-based International Civil Liberties Monitoring Group said the review agency’s findings show CSIS cannot be trusted to follow the law or the Charter of Rights and Freedoms when it is granted secret powers to disrupt the lives of Canadians.

Under the law, CSIS needs “reasonable grounds to believe” there is a security threat before taking measures to disrupt it. The spy agency also requires a court warrant whenever proposed disruption measures would limit a freedom guaranteed by the Charter of Rights or otherwise breach Canadian law.

In addition, the measures must be reasonable and proportional in the circumstances, and take into account the availability of other means to reduce the threat, as well as foreseeable effects on third parties, including their privacy.

The review agency focused on the extent to which CSIS appropriately identified, documented and considered negative effects that the spy service’s measures could have on people.

Figures on the number of CSIS threat reduction measures that were proposed, approved and implemented from June 2015 to December 2020 were blacked out from the review agency’s heavily redacted report.

The watchdog says in some cases CSIS “disclosed information to external parties with their own levers of control” to deal with identified threats during the period under review.

The review agency found that CSIS’s documentation of the information disclosed to such outside parties as part of threat reduction measures “was inconsistent and, at times, lacked clarity and specificity.”

The watchdog says the precise content, including the scope and breadth of the information to be disclosed, is important and feeds into the overall risk assessment of the proposed measure. “A detailed and precise description of the information to be disclosed would allow for more considered assessments.”

The review agency also found that CSIS did not systematically identify or document the external parties’ authority and ability to take action, or “plausible adverse impacts of the measure.”

Overall, the agency indicates that CSIS had given “limited consideration” to the possible effects of threat reduction measures, including those carried out for the spy service by other parties.

“NSIRA notes that CSIS cannot avoid responsibility just because the outcomes of an action would be effected by someone else’s hand.”

The current CSIS process for determining whether a warrant is required for a threat reduction measure “is overly narrow” and should not be based on the effects of a spy service action alone, the report says.

“Rather, it should consider the full impact of the measure, including any direct and indirect impacts caused or initiated by external parties.”

The review agency says it expects CSIS to seek a judicial warrant when proposing a threat reduction measure that would limit someone’s Charter rights, or that would otherwise be contrary to Canadian law, whether at the direct hand of CSIS or that of an outside party to whom CSIS disclosed information.

“While these powers provide CSIS with additional flexibility, they also demand heightened responsibility, given their covert nature and ability to profoundly impact, not only the subject of a given (measure), but others potentially captured by its scope,” the report says.

In a written response accompanying the report, CSIS disagreed with the review agency’s recommendation that it “appropriately consider” the effects of outside party actions when determining whether a warrant is required.

CSIS said it works closely with the Department of Justice to assess whether a warrant is required for each of its threat reduction initiatives in accordance with the legislative regime, and when applied to operations involving third parties.

CSIS agreed in whole or in part with the review agency’s remaining recommendations.

A CSIS spokesman had no immediate update Friday on steps taken in response to the report.

The civil liberties monitoring group said it is unacceptable that CSIS believes it can ask third parties, like private companies, to take action against individuals based on a secret risk assessment without taking responsibility for the possible effects.

The fact that CSIS also disagrees with the review agency’s recommendation that it take this into account when deciding to seek out a warrant “proves that the service continues to skirt the law and should no longer be trusted with these powers,” the group added.

“We’ve been told over and over that we should not be concerned with CSIS’s threat reduction powers, because they have not reached the point of being so invasive that they require a warrant,” said Tim McSorley, the group’s national coordinator. “It is now clear that CSIS is farming out threat reduction measures to third parties, and using that as a reason to avoid considering whether they need a warrant in the first place.”

The federal government should intervene by suspending CSIS’s use of threat reduction measures and refer the issue to the Federal Court, said the group, which ultimately advocates abolishing the powers in favour of working with law enforcement agencies.

 

This report by The Canadian Press was first published Feb. 18, 2023.

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RCMP end latest N.B. search regarding teenage girl who went missing in 2021

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BATHURST, N.B. – RCMP in New Brunswick say a weekend ground search for evidence related to the disappearance of a teenage girl in 2021 didn’t reveal any new information.

In an emailed statement, the RCMP said 20 people participated in the search for evidence in the case of Madison Roy-Boudreau of Bathurst.

The release said the search occurred in the Middle River area, just south of the girl’s hometown.

Police have said the 14-year-old’s disappearance is being treated as a homicide investigation.

The RCMP said the search “did not reveal any new information regarding the circumstances of her disappearance.”

There are no plans for another search until police receive a tip or a lead pointing to a new search area.

This report by The Canadian Press was first published Oct. 21, 2024.

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Man Tasered after trespassing in Victoria school, forcing lockdown

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VICTORIA – A middle school in Victoria was forced into a lockdown after a man entered the building without permission, and police say they had to use a stun gun to make an arrest.

Victoria police say officers received multiple calls around noon on Monday of an unknown male entering Central Middle School, leading staff to set off emergency procedures that put the building under lockdown.

Police say its emergency response team arrived within minutes and found the suspect, who “appeared to be in a drug-induced state,” in the school’s library.

A statement from police says the suspect resisted arrest, and officers had to use a Taser to subdue the man.

He’s being held by police and has been assessed by emergency medical staff.

Police say the man was not armed and there were no continuing safety concerns for students and staff following the arrest.

This report by The Canadian Press was first published Oct. 21, 2024.

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B.C. Greens’ ex- leader Weaver thinks minority deal with NDP less likely than in 2017

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VANCOUVER – Former B.C. Green leader Andrew Weaver knows what it’s like to form a minority government with the NDP, but says such a deal to create the province’s next administration is less likely this time than seven years ago.

Weaver struck a power-sharing agreement that resulted in John Horgan’s NDP minority government in 2017, but said in an interview Monday there is now more animosity between the two parties.

Neither the NDP nor the B.C. Conservatives secured a majority in Saturday’s election, raising the prospect of a minority NDP government if Leader David Eby can get the support of two Green legislators.

Manual recounts in two ridings could also play an important role in the outcome, which will not be known for about a week.

Weaver, who is no longer a member of the Greens, endorsed a Conservative candidate in his home riding.

He said Eby would be in a better position to negotiate if Furstenau, who lost her seat, stepped aside as party leader.

“I think Mr. Eby would be able to have fresh discussions with fresh new faces around the table, (after) four years of political sniping … between Sonia and the NDP in the B.C. legislature,” he said.

He said Furstenau’s loss put the two elected Greens in an awkward position because parties “need the leader in the legislature.”

Furstenau could resign as leader or one of the elected Greens could step down and let her run in a byelection in their riding, he said.

“They need to resolve that issue sooner rather than later,” he said.

The Green victories went to Rob Botterell in Saanich North and the Islands and Jeremy Valeriote in West Vancouver-Sea to Sky.

Neither Botterell nor Valeriote have held seats in the legislature before, Weaver noted.

“It’s not like in 2017 when, you know, I had been in the (legislature) for four years already,” Weaver said, adding that “the learning curve is steep.”

Sanjay Jeram, chair of undergraduate studies in political science at Simon Fraser University, said he doesn’t think it’ll be an “easygoing relationship between (the NDP and Greens) this time around.”

“I don’t know if Eby and Furstenau have the same relationship — or the potential to have the same relationship — as Horgan and Weaver did,” he said. “I think their demands will be a little more strict and it’ll be a little more of a cold alliance than it was in 2017 if they do form an alliance.”

Horgan and Weaver shook hands on a confidence-and-supply agreement before attending a rugby match, where they were spotted sitting together before the deal became public knowledge.

Eby said in his election-night speech that he had already reached out to Furstenau and suggested common “progressive values” between their parties.

Furstenau said in her concession speech that her party was poised to play a “pivotal role” in the legislature.

Botterell said in an election-night interview that he was “totally supportive of Sonia” and he would “do everything I can to support her and the path forward that she chooses to take because that’s her decision.”

The Green Party of Canada issued a news release Monday, congratulating the candidates on their victories, noting Valeriote’s win is the first time that a Green MLA has been elected outside of Vancouver Island.

“Now, like all British Columbians we await the final seat count to know which party will have the best chance to form government. Let’s hope that the Green caucus has a pivotal role,” the release said, echoing Furstenau’s turn of phrase.

The final results of the election won’t be known until at least next week.

Elections BC says manual recounts will be held on Oct. 26 to 28 in two ridings where NDP candidates led B.C. Conservatives by fewer than 100 votes after the initial count ended on Sunday.

The outcomes in Surrey City Centre and Juan de Fuca-Malahat could determine who forms government.

The election’s initial results have the NDP elected or leading in 46 ridings, and the B.C. Conservatives in 45, both short of the 47 majority mark in B.C.’s 93-seat legislature.

If the Conservatives win both of the recount ridings and win all other ridings where they lead, Rustad will win with a one-seat majority.

If the NDP holds onto at least one of the ridings where there are recounts, wins the other races it leads, and strikes a deal with the Greens, they would have enough numbers to form a minority government.

But another election could also be on the cards, since the winner will have to nominate a Speaker, reducing the government’s numbers in the legislature by one vote.

Elections BC says it will also be counting about 49,000 absentee and mail-in ballots from Oct. 26 to 28.

The NDP went into the election with 55 ridings, representing a comfortable majority in what was then an 87-seat legislature.

Jeram, with Simon Fraser University, said though the counts aren’t finalized, the Conservatives were the big winners in the election.

“They weren’t really a not much of a formal party until not that long ago, and to go from two per cent of the vote to winning 45 or more seats in the B.C. provincial election is just incredible,” he said in an interview Monday.

Jeram said people had expected Eby to call an election after he took over from John Horgan in 2022, and if he had, he doesn’t think there would have been the same result.

He said the B.C. Conservative’s popularity grew as a result of the decision of the BC Liberals to rebrand as BC United and later drop out.

“Had Eby called an election before that really shook out, and maybe especially before (Pierre) Poilievre, kind of really had the wind in his sails and started to grow, I think he could have won the majority for sure.”

He said he wasn’t surprised by the results of the election, saying polls were fairly accurate.

“Ultimately, it really was a result that we saw coming for a while, since the moment that BC United withdrew and put their support behind the conservatives, I think this was the outcome that was expected.”

— With files from Darryl Greer

This report by The Canadian Press was first published Oct. 21, 2024.

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