The defence minister’s reasons for allowing Canada’s foreign signals intelligence agency to perform otherwise illegal activities were sometimes “insufficient,” according to the new intelligence commissioner in a first-of-its-kind report.
Jean-Pierre Plouffe, the man who helps review the activities of Canada’s two spy agencies, said the linkages used by the minister to justify his conclusions were sometimes lacking, although in the end the commissioner ultimately gave spying requests the green light.
While many of the details about what clandestine activities actually involved are omitted from the report, it offers a glimpse into the back-and-fourth in deciding when Canada’s cyber spies can intercept private communications.
“In some instances, the [information commissioner] determined that the ministerial conclusions were insufficient or non-existent,” reads the report, tabled in the House of Commons this week.
The position of intelligence commissioner is relatively new to Canada and was created to offer an independent, quasi-judicial review of the justification used to clear intelligence agencies’ of otherwise illegal activity.
The position was born out of the Liberal’s national security overhaul legislation in 2019. The first report looked at a small window: just nine authorization requests from Aug. 1, 2019 to the end of that year.
Minister of National Defence Harjit Sajjan is seen during a news conference on May 7, 2020 in Ottawa. The intelligence commissioner reviews the conclusions on why the defence minister issues authorization to spy on selected targets. (Adrian Wyld/Canadian Press)
The Communications Security Establishment’s mandate allows it to collect signals intelligence on foreign targets — including information about the “capabilities, intentions or activities” of actors — but they can’t spy on Canadians or contravene the Charter.
Due to the line of work, the agency sometimes performs acts that would otherwise break the law. The agency then needs a “foreign intelligence authorization” from the minister, in this case Defence Minister Harjit Sajjan, before moving ahead.
Those activities are typically “offences in the Criminal Code, such as the interception of private communications, or the conduct of certain activities necessary to enable the acquisition of information for providing foreign intelligence or to keep an activity covert,” notes the report, a first of its kind for the new office.
With a special authorization in hand, CSE can then, despite Canadian law or laws of any foreign states, carry out “any activity specified in the authorization to further its foreign intelligence mandate.”
The intelligence commissioner, a retired superior court judge, is responsible for reviewing the reasons behind why the defence minister issued this kind of special authorization.
Plouffe’s report found that while all of the minister’s authorizations for CSE’s activities, five during the short time period, were reasonable, there were issues in the applications.
“The intelligence commissioner found some inconsistencies in the application records for foreign intelligence authorizations. Notably, the minister’s conclusions did not address certain authorized activities and some authorized activities were not supported by facts in the chief of CSE’s written application,” it reads.
“In addition, a condition imposed by the minister in one of the authorizations was neither addressed in his conclusions nor rationalized elsewhere in the application record.”
The 23-page report did not include details of the activities or what the intelligence commissioner felt was missing from the original applications.
CSE says process ‘rigorous’
CSE also has the authority to launch certain cybersecurity activities to help protect the government’s electronic information and infrastructure from cyber threats. It offers similar protections to critical infrastructure including, energy, finance, and information and communications technology.
If while defending that infrastructure from disruption the agency feels that it needs to intercept private communications, it requires a special cybersecurity authorization.
Plouffe found two inconsistencies in the application records for that special approval.
“Notably, an activity was not explicitly addressed in the minister’s conclusions despite being described in the chief of CSE’s application,” it reads.
“Further, a condition imposed by the minister in his authorization was neither explained in his conclusions nor supported by information found in the application record.”
It then fell to Plouffe to review the evidence to supplement the authorization.
Intelligence Commissioner Jean-Pierre Plouffe previously served as a superior court judge and as the watchdog for CSE. (Adrian Wyld/Canadian Press)
Sajjan said the CSE will take the commissioner’s comments into account for future ministerial authorization.
“We will continue to work with the intelligence commissioner to ensure that CSE continues to live up to the high expectations that all Canadians expect,” he said in a statement.
“The work that he does provides transparency and is an important part of the oversight of the robust system of checks and balances that our government has put in to place.”
A spokesperson for CSE said the agency has already addressed the commissioner’s comments.
“It was noted that there were some opportunities in the future for additional information to be included to supplement the minister’s conclusions. In each case, the IC recognized the minister’s expertise in authorizing these activities and approved all five authorizations without amendment,” said Evan Koronewski.
“The process of drafting ministerial authorizations is rigorous. This process involves extensive consultations with key stakeholders across CSE, including operational areas, compliance, and legal services to ensure that all activities and classes of activities are described accurately and in sufficient detail.”
Commissioner also looked at CSIS
The review also looked at the datasets — electronic archives of information — the Canadian Security Intelligence Service can maintain.
CSIS has the authority to “collect, by investigation or otherwise,” analyze and retain information regarding activities that could pose a threat to national security.
The commissioner reviewed four authorizations and found two were reasonable.
In one case, he determined that the minister’s decision to authorize certain unlawful conduct by CSIS to carry out its intelligence collection mandate was unreasonable. In another case, he only partially approved the conduct. In those two cases, CSIS will have to resubmit its paperwork to the commissioner.
A spokesperson for Public Safety Minister Bill Blair said the intelligence commissioner’s recommendations have been given “careful consideration.”
‘The dataset and justification frameworks provide comprehensive authorities to balance the Canadian Security Intelligence Service’s operational needs with its obligation to protect the private information of Canadians,” said Mary-Liz Power.
“The results of this report … represent additional layers of accountability and protection for Canadians and their information.”
VANCOUVER – Contract negotiations resume today in Vancouver in a labour dispute that has paralyzed container cargo shipping at British Columbia’s ports since Monday.
The BC Maritime Employers Association and International Longshore and Warehouse Union Local 514 are scheduled to meet for the next three days in mediated talks to try to break a deadlock in negotiations.
The union, which represents more than 700 longshore supervisors at ports, including Vancouver, Prince Rupert and Nanaimo, has been without a contract since March last year.
The latest talks come after employers locked out workers in response to what it said was “strike activity” by union members.
The start of the lockout was then followed by several days of no engagement between the two parties, prompting federal Labour Minister Steven MacKinnon to speak with leaders on both sides, asking them to restart talks.
MacKinnon had said that the talks were “progressing at an insufficient pace, indicating a concerning absence of urgency from the parties involved” — a sentiment echoed by several business groups across Canada.
In a joint letter, more than 100 organizations, including the Canadian Chamber of Commerce, Business Council of Canada and associations representing industries from automotive and fertilizer to retail and mining, urged the government to do whatever it takes to end the work stoppage.
“While we acknowledge efforts to continue with mediation, parties have not been able to come to a negotiated agreement,” the letter says. “So, the federal government must take decisive action, using every tool at its disposal to resolve this dispute and limit the damage caused by this disruption.
“We simply cannot afford to once again put Canadian businesses at risk, which in turn puts Canadian livelihoods at risk.”
In the meantime, the union says it has filed a complaint to the Canada Industrial Relations Board against the employers, alleging the association threatened to pull existing conditions out of the last contract in direct contact with its members.
“The BCMEA is trying to undermine the union by attempting to turn members against its democratically elected leadership and bargaining committee — despite the fact that the BCMEA knows full well we received a 96 per cent mandate to take job action if needed,” union president Frank Morena said in a statement.
The employers have responded by calling the complaint “another meritless claim,” adding the final offer to the union that includes a 19.2 per cent wage increase over a four-year term remains on the table.
“The final offer has been on the table for over a week and represents a fair and balanced proposal for employees, and if accepted would end this dispute,” the employers’ statement says. “The offer does not require any concessions from the union.”
The union says the offer does not address the key issue of staffing requirement at the terminals as the port introduces more automation to cargo loading and unloading, which could potentially require fewer workers to operate than older systems.
The Port of Vancouver is the largest in Canada and has seen a number of labour disruptions, including two instances involving the rail and grain storage sectors earlier this year.
A 13-day strike by another group of workers at the port last year resulted in the disruption of a significant amount of shipping and trade.
This report by The Canadian Press was first published Nov. 9, 2024.
The Royal Canadian Legion says a new partnership with e-commerce giant Amazon is helping boost its veterans’ fund, and will hopefully expand its donor base in the digital world.
Since the Oct. 25 launch of its Amazon.ca storefront, the legion says it has received nearly 10,000 orders for poppies.
Online shoppers can order lapel poppies on Amazon in exchange for donations or buy items such as “We Remember” lawn signs, Remembrance Day pins and other accessories, with all proceeds going to the legion’s Poppy Trust Fund for Canadian veterans and their families.
Nujma Bond, the legion’s national spokesperson, said the organization sees this move as keeping up with modern purchasing habits.
“As the world around us evolves we have been looking at different ways to distribute poppies and to make it easier for people to access them,” she said in an interview.
“This is definitely a way to reach a wider number of Canadians of all ages. And certainly younger Canadians are much more active on the web, on social media in general, so we’re also engaging in that way.”
Al Plume, a member of a legion branch in Trenton, Ont., said the online store can also help with outreach to veterans who are far from home.
“For veterans that are overseas and are away, (or) can’t get to a store they can order them online, it’s Amazon.” Plume said.
Plume spent 35 years in the military with the Royal Engineers, and retired eight years ago. He said making sure veterans are looked after is his passion.
“I’ve seen the struggles that our veterans have had with Veterans Affairs … and that’s why I got involved, with making sure that the people get to them and help the veterans with their paperwork.”
But the message about the Amazon storefront didn’t appear to reach all of the legion’s locations, with volunteers at Branch 179 on Vancouver’s Commercial Drive saying they hadn’t heard about the online push.
Holly Paddon, the branch’s poppy campaign co-ordinator and bartender, said the Amazon partnership never came up in meetings with other legion volunteers and officials.
“I work at the legion, I work with the Vancouver poppy office and I go to the meetings for the Vancouver poppy campaign — which includes all the legions in Vancouver — and not once has this been mentioned,” she said.
Paddon said the initiative is a great idea, but she would like to have known more about it.
The legion also sells a larger collection of items at poppystore.ca.
This report by The Canadian Press was first published Nov. 9, 2024.
