National Security and Intelligence Review and Oversight Framework
Background
There has been a significant shift in the national security and intelligence (NSI) review and oversight landscape in the past two years with the introduction of a Committee of Parliamentarians in 2017, and in 2019, the creation of an Intelligence Commissioner, and a new National Security Intelligence Review Agency that spans all government NSI activities.
Intelligence Commissioner (IC)
The new IC provides enhanced oversight to certain intelligence and cyber security functions set out in the legislation for the Communications Security Establishment (CSE) and the Canadian Security Intelligence Services (CSIS) Act. Specifically, the IC assumes a new and binding oversight role in approving specific authorizations issued and determinations made by the Minister of National Defence and Minister of Public Safety and Emergency Preparedness for certain intelligence activities prior to their conduct.
National Security and Intelligence Review Agency (NSIRA)
The NSIRA will assess the efficacy and performance of NSI agencies across government by reviewing and reporting on the lawfulness of all NSI activities. NSIRA also investigates complaints made against CSIS and CSE, and from individuals denied security clearances, as well as national security-related complaints made against the the Royal Canadian Mounted Police. It has unfettered access to all information, except Cabinet Confidences.
NSIRA must submit its mandatory annual reports on:
- CSIS’ and CSE’s compliance with their respective law and ministerial directions as well as the reasonableness of their actions under their powers to their respective Minister;
- the disclosure of information under the Security of Canada Information Disclosure Act of the previous calendar year to the Minister of Public Safety; and
- on their reviews, findings and recommendations to the Prime Minister. NSIRA must also review the implementation of all directions issued under the Avoiding Complicity in Mistreatment by Foreign Entities Act.
National Security and Intelligence Committee of Parliamentarians (NSICOP)
The NSICOP is comprised of Parliamentarians with the authority to review all national security and intelligence activities across the federal government. The NSICOP has access to all information except: Cabinet confidences, human source names and witness protection program information, and details of ongoing law enforcement operations. Although the NSICOP and NSIRA have slightly different mandates, it is expected that they will conduct complimentary reviews to ensure a more comprehensive assessment of NSI activities.
In 2018, the NSICOP conducted two reviews:
- the process for setting intelligence priorities, and
- the Department of National Defence and the Canadian Armed Force’s (DND/CAF) intelligence activities, published in their first annual report. Public Safety (PS) was implicated in the first review.
In 2019, the NSICOP conducted four reviews:
- the Canada Boarder Services Agency’s NSI activities;
- DND’s collection, use, retention and dissemination of Canadian Citizen’s information;
- the Government’s foreign interference activities; and,
- Diversity and Inclusion efforts in the NSI community. PS is implicated in the latter two.
The NSICOP submitted its 2019 annual report (classified) on August 30, 2019 to the PM. The public version of the report is expected to be tabled in Parliament in February/March 2020. The review agenda for the coming year for the NSICOP is not yet known, since the Committee needs to be reconstituted post-election and set its new priorities.
PS Review Secretariat
The PS Review Secretariat (the Secretariat), located within the National Security Policy Directorate, coordinates the collection of information and documents within PS in response to information requests from review bodies and is the point of contact for both NSIRA and the NSICOP. The Secretariat will also facilitate any appearances by senior officials before the review committees.
Considerations
There will be a learning curve for departments/agencies that are new to independent review, including PS. The retrieval and review of requested documents from review bodies could put additional pressure on PS, depending on scope and time of review, especially if it is implicated simultaneously in reviews for both the NSICOP and NSIRA. Also, PS might be implicated in portfolio reviews given its collaborative work with them in policy development.
Next Steps
The Secretariat is developing internal procedures for responding to information and document requests from review bodies. These procedures will include details on approval levels for disclosure of information to certain review bodies and methods of keeping senior officials and Minister’s Office informed of developments on review agendas and disclosure of documents.
The Minister of PS will be notified and kept apprised of high profile reviews involving sensitive topics; any NSICOP conclusions related to activities or ongoing operations that could be injurious to NS; and, any ad hoc or special reviews that may garner public interest.
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