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Section I - Overview

Chair's Message

I am very pleased to introduce the performance report of the Security Intelligence Review Committee (SIRC) for fiscal year 2006-2007.

The past six years have witnessed fundamental changes across Canada's security and intelligence community. The attacks of 11 September 2001, the war in Afghanistan, along with other recent terrorist attacks worldwide, stand as stark reminders that terrorism has become a global problem, demanding global solutions. Most Western democratic governments, including Canada, have implemented, or are considering, fundamental legal, policy and program reforms in response to this complex and still-evolving threat environment.

As SIRC's Chair, I am proud of the Committee's commitment to keep abreast of, and adapt to, the changing security intelligence framework as we work to assure Parliament and through it, Canadians, that the Canadian Security Intelligence Service (CSIS) is complying with the law, policy and Ministerial direction in the performance of its duties and functions. As the work of CSIS has increased in volume and complexity, so too has SIRC's review function. In 2006-2007, SIRC undertook nine in-depth reviews, including a s.54 report for the Minister of Public Safety, and issued five complaints decisions. Through this work the Committee gained valuable insight into a broad range of CSIS operations and investigations.

The period under review was an important year for Canada's national security accountability regime. In December 2006, the O'Connor Commission released its policy report on a new review mechanism for the RCMP's national security activities. Several of Justice O'Connor's recommendations would, if implemented, significantly expand SIRC's review function. Although it is the Government's responsibility to respond to the O'Connor report, SIRC has stated previously that it is ready to assume an expanded role, subject to a full assessment of the mandate, workload and resource implications.

The past year also marked the 25^th anniversary of the Canadian Charter of Rights and Freedoms. Whether investigating complaints or conducting reviews, SIRC relies on the Charter to ensure that CSIS acts in a fashion that respects the rights and freedoms of Canadians. In its February 2007 ruling that Canada's security certificate system was inconsistent with the Charter, the Supreme Court of Canada noted the merits of SIRC's procedure for having independent, security-cleared counsel represent the interests of complainants when they must be excluded from a hearing room for security reasons. In this respect, SIRC strives to ensure the kind of procedural fairness guaranteed under the Charter.

The Committee firmly believes that balancing the provision of public safety with fundamental rights and freedoms is a hallmark of Canada's democratic values and aspirations. It is a theme that I am confident will continue to guide SIRC's work as Canada strives to preserve our free and open society while defending itself against threats to its security. I hope that this Performance Report provides insight into SIRC's accomplishments and challenges in carrying out its program activities over the past year. SIRC is proud of its contribution to ensuring that Canada's security intelligence service is effective and accountable, and we look forward to continuing our service to the Canadian public with purpose and commitment.

Honourable Gary Filmon, P.C., O.M.
Chair

Management Representation Statement

I submit for tabling in Parliament, the 2006-2007 Departmental Performance Report for the Security Intelligence Review Committee.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2006-2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
• It is based on the department's approved Strategic Outcome and Program Activity Architecture that was approved by the Treasury Board;
• It presents consistent, comprehensive, balanced and reliable information;
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

Susan Pollak
Executive Director

Summary Information

Reason for Existence - The Parliament of Canada and through it, Canadians, are assured that the Canadian Security Intelligence Services (CSIS) is complying with the law, policy and Ministerial direction in the performance of its duties and functions. SIRC's mission is to protect Canadians' rights by ensuring that CSIS acts within the law.

Total Financial Resources ($ millions)

Planned Spending	Total Authorities	Actual Spending
$2.9	$2.9	$2.6

Total Human Resources (FTEs)

Planned	Actual	Difference
21	19	-2

Summary of Performance in Relationship to Departmental Priorities

Strategic Outcome: The Parliament of Canada and through it, Canadians, are assured that the Canadian Security Intelligence Services (CSIS) is complying with the law, policy and Ministerial direction in the performance of its duties and functions.

Alignment to Government of Canada Outcomes: A strong and mutually beneficial North American partnership.

			2006-2007
Status on Performance			Planned Spending	Actual Spending
Annual Report	Complaints; Review - Annual report to Parliament no later than September 30.	successfully met	$90,000	$68,275
Outreach	Review - 1. Speaking engagements for SIRC's Chair and Executive Director. 2. Participation in various conferences and symposia.	successfully met	$100,000	$54,000
Liaison	Complaints; Review - 1. House Standing Committee on Public Safety and National Security. 2. Review Agencies Forum.	successfully met	$20,000	$1,000
Management Accountability	Complaints; Review - 1. Independent financial audit. 2. Human resource management tools.	successfully met	$75,000	$112,000
Quality Service	Complaints - Training and sharing of best practices.	ongoing	$50,000	$3,000

Summary of Departmental Performance

The Security Intelligence Review Committee (SIRC or the Committee) is a small, independent review body which reports to Parliament on the activities of the Canadian Security Intelligence Service (CSIS or the Service). It was established at the same time that CSIS was created in 1984, and derives its powers from the same legislation, the CSIS Act.

The Committee's strategic outcome is that the Parliament of Canada and through it, Canadians, are assured that CSIS is complying with the law, policy and Ministerial Direction in the performance of its duties and functions. In doing so, the Committee seeks to ensure that CSIS does not undermine the fundamental rights and freedoms of Canadians. The Committee is the only independent, external body with the legal mandate and expertise to review the Service's activities, and is, therefore, a cornerstone of Canada's democratic tradition as it ensures the accountability of one of the government's most secretive organizations.

SIRC has two key program activities related to its strategic outcome. The first is to conduct in-depth reviews of CSIS activities to ensure that they comply with the CSIS Act, other statutes, policy and Ministerial Direction. The second is to receive and inquire into complaints by any person about any action of the Service.

SIRC is chaired by the Honourable Gary Filmon, P.C., O.M. The other Members are the Honourable Raymond Speaker, P.C., O.C., the Honourable Baljit S. Chadha, P.C., the Honourable Roy Romanow, P.C., O.C., Q.C., and the Honourable Aldéa Landry, P.C., C.M.,Q.C. All Members of the Committee are Privy Councillors, who are appointed by the Governor-in-Council after consultation by the Prime Minister with the leaders of the Opposition parties.

Priorities

SIRC identified five priorities in its 2006-2007 Report on Plans and Priorities. These were: 1) to produce an Annual Report to Parliament and other high quality communications material; 2) to pursue outreach activities, such as speaking engagements for SIRC's Chair and participation in the International Intelligence Review Agencies Conference; 3) to pursue liaison opportunities to maintain productive working relationships with Parliamentarians, commissions of inquiry and other review agencies; 4) to undertake management accountability initiatives; and 5) to provide quality service to interested parties involved in the complaints process, through the provision of training and the sharing of best practices with Committee Members.

Annual Report and Communications Material

SIRC's in-depth reviews of CSIS activities are, by definition, highly classified documents. However, the results of this work, edited to protect national security and privacy, are summarized in an annual report to Parliament which includes findings and recommendations.

Section 53 of the CSIS Act requires SIRC to submit this report to the Minister of Public Safety by September 30 of each fiscal year. SIRC's 2005-2006 annual report was submitted to the Minister of Public Safety on September 30, 2006 and tabled in Parliament on October 26, 2006.

SIRC's website also constitutes an important element of its communications strategy. It is continually updated with information relevant to the security and intelligence community. All of SIRC's annual reports since its creation are available, plus copies of speeches, backgrounders and other publications, and descriptions of who we are and what we do.

Outreach

The second priority was to participate in various outreach activities. In 2006-2007, the Committee's Chair participated in several speaking engagements. In April 2006 the Chair addressed the Associates of the I.H. Asper School of Business at the University of Manitoba. In September 2006 the Chair spoke about national security and economic prosperity at the Global Business Forum in Banff, Alberta. Finally, in October 2006, the Chair delivered a speech on "Country Experiences: Oversight Mechanisms, Challenges and Opportunities" at the International Review Agencies Conference in Cape Town, South Africa. The Executive Director and another Committee Member were also in attendance.

During the period under review, SIRC staff participated in various meetings and conferences and delivered presentations. The Executive Director and senior staff met with Sir Peter Gibson, UK Intelligence Services Commissioner, Parliamentarians from the Permanent Commission for Oversight from the Czech Republic and a delegation from a Norwegian Parliamentary Committee. In addition, the Executive Director and several staff attended the annual Canadian Association of Security and Intelligence Studies conference in Ottawa. The Executive Director was also a guest lecturer at a Canadian Centre of Intelligence and Security Studies graduate seminar on intelligence, statecraft and international affairs and a Carleton University course entitled, "National Security and Intelligence in the Modern State."

As part of its outreach activities, the Committee also maintains a modest communications program, involving media interviews such as Chair Gary Filmon's appearance on CTV's Question Period in December 2006, and the posting of speeches and other material on SIRC's website.

Liaison

SIRC had multiple exchanges with Parliamentarians and other review bodies during the period under review. In November 2006, the Chair, several Committee Members, the Executive Director, the Associate Executive Director and the Senior Counsel appeared before the House of Commons Standing Committee on Public Safety and National Security.

In May 2006, the Chair and Executive Director spoke to Federal Court Judges regarding SIRC's role in reviewing CSIS warrants. In addition, SIRC continued its participation in the Review Agencies Forum, which brings together representatives of the Office of the Commissioner of the Communications Security Establishment, the Inspector General of CSIS and the Commission of Public Complaints Against the RCMP. The Forum met twice during the period under review.

Management Accountability

SIRC responded to several reporting requests from central agencies, such as those associated with expenditure management reforms and the Federal Accountability Act. In addition, it developed a financial management framework to improve further the allocation and monitoring of expenditures. The latter initiative has been delayed, however, by technical problems related to software transition, preventing SIRC from realizing the full benefits of a modernized and automated monitoring of its expenditures.

In June 2006, SIRC received the results of an independent financial audit that examined how additional resources approved by Parliament were used by the Committee. The audit determined that "SIRC's internal processes are reasonably well-controlled, thus enabling SIRC to properly manage the expenditure of public funds with prudence and probity." SIRC also completed a threat and risk assessment by an accredited security officer from the Privy Council Office, to ensure compliance with the Management of Information Technology Security. Finally, SIRC enhanced physical security by upgrading its alarm system and further shielding its hearing room.

Quality Service

The fifth priority was to provide quality service to interested parties involved in the complaints process. As a quasi-judicial administrative tribunal, the Committee seeks to serve all interested parties, that is, complainants, the respondent, the Canadian Human Rights Commission and other federal departments, in a timely and fair manner and in accordance with the rules of natural justice. The Committee pursues this objective by studying and receiving information on the best practices of other tribunals and adopting measures to improve the timely and efficient completion of SIRC's investigations.

In January 2007, SIRC's Senior Counsel received training on how administrative tribunals should conduct a fair hearing, and on rules of evidence before an administrative tribunal. Subsequently, Senior Counsel provided Committee Members with a legal awareness session concerning these issues. In addition, Committee Members recently participated in a legal awareness session on security intelligence issues and the Canadian Charter of Rights and Freedoms. In September 2007, Committee Members will receive further training in administrative law and evidence and opportunities to learn new techniques for conducting a fair hearing.

Highlights of Performance

The Committee has one strategic outcome namely, the Parliament of Canada and through it, Canadians, are assured that the Canadian Security Intelligence Services (CSIS) is complying with the law, policy and Ministerial direction in the performance of its duties and functions. This strategic outcome is achieved through the performance of two program activities: reviews and complaints. These will be discussed in detail in Section II - Analysis of Program Activities by Strategic Outcome. A summary is provided below for your convenience.

Reviews

The Committee undertook nine reviews, two of which were still being finalized at the end of the review period:

• Review of a security liaison post
  
• Review of activities and investigations in a CSIS regional office
  
• Review of a counter terrorism investigation
  
• Review of a Section 16 activity
  
• Review of a counter terrorism investigation
  
• Review of CSIS's collaboration and exchanges of intelligence post 9/11
  
• Review of security screening outside of the federal government
  
• Review of the CSIS counter espionage investigations desk
  
• Review of the case of Mohammed Mansour Jabarah, a s.54 Report for the Minister of Public Safety
  
• In addition, SIRC reviewed 19 arrangements with foreign agencies, CSIS's domestic arrangements, the CSIS Director's annual report for 2006-2007 and the Inspector General's 2006 certificate.

Complaints

• SIRC dealt with 61 complaints, of which 24 were carried over and 37 were new. Forty-one were closed by fiscal year end, and 20 were carried forward
  
• SIRC issued three s. 41 reports, dealing with: alleged actions by CSIS during a citizenship interview; alleged false statements by CSIS and; alleged delay caused by CSIS in processing a citizenship application.
  
• SIRC issued one s. 42 report concerning the revocation of a security clearance of a CSIS employee.
  
• SIRC issued one report on a complaint referred by the Canadian Human Rights Commission under s. 45 of the Canadian Human Rights Act
  
• SIRC responded to 12 requests under the Access to Information Act
  
• SIRC responded to two requests under the Privacy Act

Operating Environment and Context

Several factors influenced SIRC's performance during the year under review. While most were anticipated, some issues and initiatives did not evolve as predicted, providing challenges for SIRC in realizing some of its program objectives.

Changes to the Security Intelligence Environment

In recent years, the security intelligence community has undergone several legal, policy and program reforms in response to the evolving threat environment. In various ways these changes have influenced the nature and scope of SIRC's reviews and complaints investigations. Two examples are instructive in this regard. First, following the terrorist attacks of 9/11, most western democratic governments sought greater integration and cooperation amongst the various agencies and departments responsible for ensuring public safety and security. In response, the Canadian Government introduced several initiatives that draw together different sources of intelligence information, including, for example, the Integrated Threat Assessment Centre, Terrorist Entity Listing and Passenger Protect (the so-called "no-fly" list).

Second, to streamline its operations and respond better to the contemporary intelligence context, CSIS recently underwent a significant organizational realignment. During the period under review, SIRC received a formal briefing from CSIS about the reorganization and followed up with a series of questions to further understand the changes and their implications for the Service's investigations.

In both instances SIRC has adjusted, and will continue to adjust, its focus to account for CSIS's involvement in this new operating environment.

Government Initiatives

SIRC also continued to monitor discussion and debate about potential and ongoing Government initiatives. For example, the Government continues to examine the merits of creating a Committee of Parliamentarians to oversee Canada's national security efforts. This has been a priority for SIRC since its Report on Plans and Priorities for 2004-2005, following SIRC's appearance before an Interim Committee with representatives from both Houses of Parliament, tasked with recommending the preferred model for a Committee of Parliamentarians on National Security. As of the writing of this report, the Committee has yet to be established. As a result, the Committee's mandate and powers, as well as its possible relationship with SIRC, remain unclear.

SIRC has also followed the ongoing debate as to whether CSIS's mandate should be expanded to include foreign intelligence gathering abroad. Such an expansion of CSIS's role would have major implications for SIRC, as it would introduce an entirely new type of activity for the Committee to monitor. In addition, SIRC has followed the continuing discussion concerning new legislation to modernize the way in which law enforcement and security agencies intercept communications.

Examining these and other issues is an ongoing activity. In addition to liaising with other review agencies, both domestically and internationally, SIRC continues to examine academic materials, Parliamentary debates, committee hearings, media reports, and government and non-government documents to gather a range of perspectives into these still-evolving initiatives.

Commissions of Inquiries

Commissions of inquiry constitute an important development for Canada's national security accountability regime. Chief amongst these, during this performance cycle, was the work of the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar (the O'Connor Commission). Mr. Justice O'Connor, under his policy review, was directed to make recommendations regarding an independent, arm's-length review mechanism for the activities of the RCMP with respect to national security. SIRC's Committee Members met with Justice O'Connor and his staff, and on several occasions the Executive Director and senior staff attended meetings with representatives of the O'Connor Commission. In addition, SIRC made a submission to, and the Chair and Executive Director appeared at a public hearing of, the O'Connor Commission's policy review.

Published in December 2006, Mr. Justice O'Connor's policy report offered a series of recommendations that could dramatically alter Canada's review function. Of particular importance for SIRC, Justice O'Connor recommended that the Committee assume an expanded role by reviewing the national security activities of Citizenship and Immigration Canada, Transport Canada, the Financial Transactions and Reports Analysis Centre of Canada and Foreign Affairs and International Trade Canada. It is now up to the Government to respond to Mr. Justice O'Connor's recommendations. SIRC has stated previously that it would be ready to assume an expanded role, subject to a full assessment of the mandate, workload and resource implications.

In addition to the O'Connor Commission, in May 2006 the Government appointed Mr. Justice John Major to lead an independent judicial inquiry into certain aspects of the 1985 Air India bombing. Seven months later, in response to the findings of the O'Connor Commission, the Government announced a second, internal inquiry under the guidance of Mr. Justice Frank Iacobucci to examine allegations by three Canadian citizens that information provided by Canadian officials resulted in their detention and torture abroad. Recently, SIRC responded to a request for information from the Iacobucci inquiry in relation to a previous SIRC study.

Both of these inquiries have the potential to affect SIRC's work in two distinct ways. First, the internal resources of CSIS to respond to these inquiries are the same resources used by SIRC, which could have an adverse effect on the Service's capacity to respond in a timely fashion to SIRC's requirements for information. Second, although SIRC has not officially participated in either inquiry (unlike the O'Connor Commission), we would be pleased to offer our full cooperation. That said, depending on workload considerations and owing to SIRC's small size, this could have an impact on our capacity to deliver our own program activities.

Resources

In December 2004, Parliament approved Supplementary Estimates which increased SIRC's budget by $344,000 in 2004-2005 and future years. Most of the new funding was used to hire more staff in SIRC's review program. During the past fiscal year, SIRC staffed an indeterminate PM-06 position in the research unit and hired new counsel for the complaints unit. Staffing at SIRC poses challenges as all staff must be security cleared to the Top Secret level. This can create a delay of several months from the time a vacancy first becomes available, to the actual starting date for a new employee.

Management Accountability

SIRC continues to make progress regarding its implementation of a modern management accountability action plan. In 2005-2006, SIRC contracted for an independent audit of its policy framework to establish that its policies and procedures were consistent with Treasury Board requirements. It also aimed to identify gaps or omissions requiring attention. As a result of this audit, several new SIRC policies were introduced, which, during the past year, included completion of a financial management policy and development of a new security policy.

In June 2006, SIRC received the results of an independent, external audit, which was a condition of receiving the additional funding approved by Parliament in 2004. In addition, SIRC completed a threat and risk assessment as part of the Management of Information Technology Security plan. The Treasury Board Secretariat also initiated an audit of hospitality and travel expenses of small federal agencies, which included SIRC.

Like other small agencies, SIRC struggles with central agency reporting requirements, given its small staff complement. While SIRC continues to be fully supportive of modern management accountability, due to the lack of dedicated functional specialists, SIRC must often rely on a combination of internal staff and contracted resources to deliver the required reports.

Links to Government of Canada Outcomes

The whole of government framework used for government reporting has identified 13 long-term benefits for Canadians referred to as "Government of Canada Outcomes." These outcomes are divided into four broad categories, namely economic, social, international and government affairs. SIRC's strategic outcome and program activities are aligned with the whole of government outcome in support of a strong and mutually beneficial North American partnership.

CSIS's investigation of threats to the security of Canada and cooperation with foreign intelligence agencies contribute to a strong and mutually beneficial North American partnership. With virtually unlimited access to CSIS documents and information, SIRC assures Parliament and Canadians that the Service is carrying out its duties and functions in compliance with law, policy and Ministerial direction. SIRC ensures that CSIS's contribution to a strong and mutually beneficial North American partnership respects Canadian law and policy.

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