Oversight committee to keep its eyes on the spies
Move would put Canada at the forefront of its allies in intelligence scrutiny
OTTAWA— The Liberal government has moved to create a parliamentary oversight committee it says would have “extraordinary access” to national security information and be able to scrutinize any security or intelligence operation of any federal department or agency.
Providing real-time governmentwide review powers along with the ability to demand documents and information to a group of parliamentarians would put Canada at the forefront of its Five Eyes allies, the Liberal government says.
(The Five Eyes are an intelligence alliance consisting of Australia, Canada, New Zealand, the U.K. and the U.S.)
However, University of Ottawa law professor Craig Forcese, an expert in security law who hailed the bill as a good start, said with ministerial vetoes and limits on information it could represent a potential “Mack truck exception” to those claims.
Forcese, co-author of False Security, said “on paper at least, this will be a stronger body than the U.K. and Australian equivalents. And a dramatic change for Canadian national security accountability.”
Public Safety Minister Ralph Goodale tabled Bill C-22, saying the act to establish the National Security and Intelligence Committee of Parliamentarians is the “cornerstone” of the Liberal government’s promise to overhaul national security law.
It may look at laws, policies, regulations and operations, even as they are unfolding.
Goodale said the committee’s ability to report to parliament — 45 days after the prime minister vets and signs off on it — will impose “extraordinary public discipline” on the government of the day and the national security apparatus.
If a committee is “unhappy, it will be unmistakable in their reports that they are raising a red flag or blowing a whistle on something they think is untoward,” he said.
Goodale hinted at other significant changes to come under a national consultation he has initiated.
He suggested controversial terrorism “disruption” powers granted to CSIS by the past Conservative government in last year’s Bill C-51 could be altered.
“This is one thing that Canadians have expressed concern about and, so far, CSIS has not made any requests for any (disruption) warrants,” said Goodale.
“But Canadians want that whole topic to be examined.
“Are these powers appropriate? And if so under what terms and conditions. That is very much a part of the consultation process going forward.”
Disruption warrants allow CSIS to seek court authorization to break laws or breach charter rights during an operation to “disrupt” a suspected terrorist or terror network.
CSIS says its actions have been benign, such as speaking to a suspect’s family to disrupt travel plans.
However, the only limit in law on the kind of activity CSIS operatives could undertake bars anything that would cause bodily harm, obstruct justice or violate an individual’s sexual integrity.
The proposed bill Goodale tabled with House leader Dominic Leblanc says the national security and intelligence committee would be “entitled to have access to any information that is under the control of a department” and is related to national security, other than information subject to solicitor-client privilege, litigation privilege, or is prohibited from disclosure by civil law or a lawyer or notary’s professional secrecy oath.