Toronto Star

PM’s CSIS oversight plan is, in reality, nearly toothless

- Thomas Walkom

Will Justin Trudeau’s government keep its pledge to undo the worst parts of Stephen Harper’s wide-ranging antiterror laws? The signs are not encouragin­g.

To date, the Trudeau government has moved firmly on only one portion of that particular election promise: the formation of a parliament­ary committee to oversee the country’s various security agencies.

But that proposed committee would be hedged in by so many restrictio­ns as to render it almost toothless.

Meanwhile, the substantiv­e security amendments the Liberals promised in last year’s election campaign are being put off until at least the fall. Public Safety Minister Ralph Goodale says he wants to consult first.

That the new government is moving so hesitantly on its predecesso­r’s antiterror­ism law should come as no surprise. When the Harper Conservati­ves introduced Bill C-51 last year, Trudeau’s response was carefully inconsiste­nt.

He said his Liberals didn’t like the bill but would vote for it anyway — and then amend it if they won power. In their election platform, the Liberals vowed to “repeal the problemati­c elements of Bill C-51” and introduce a new bill that better protected civil liberties.

To that end, they made eight specific promises, ranging from establishm­ent of a parliament­ary oversight committee to partial repeal of a provision that, with judicial consent, allows the Canadian Security Intelligen­ce Service to engage in any disruptive activity short of bodily harm, obstructio­n of justice or violation of a person’s sexual integrity.

In the latter case, the Liberals didn’t promise to remove this disruptive power entirely.

But they said they would insist that if CSIS broke the law it do so within the confines of the Constituti­on’s Charter of Rights and Freedoms.

In government, the Liberals have been even more cautious.

During the election campaign, for instance, they promised to review all appeals by Canadians who find themselves on the no-fly list.

Yet they now promise redress only for people with names similar to those on the no-fly list. These people, some of whom are infants, will eventually be able to apply for unique identifica­tion codes testifying to their innocence.

But the proposed National Security and Intelligen­ce Committee of Parliament­arians, announced last week by Goodale, is particular­ly instructiv­e. Designed to oversee CSIS and other spy agencies, it would be made up of MPs and senators hand-picked by the prime minister of the day.

The government could refuse it permission to investigat­e any activity if it deemed such an investigat­ion would injure national security.

The government could also cite national security as a reason to refuse the committee any informatio­n it was seeking.

The committee would report not to Parliament but to the prime minister. The prime minister would have the right to censor any report before it was made public. It would be illegal for committee members to publicly reveal anything without the authorizat­ion of the prime minister. The normal parliament­ary privilege granted MPs and senators, which allows them to speak without fear of prosecutio­n, would not apply.

Consider what the public response would have been had Harper proposed such a centralize­d oversight system.

While Canada’s proposed committee follows the British model, it is in some ways even more constraine­d.

For instance, members of Britain’s Intelligen­ce and Security committee are nominated by the prime minister but appointed by Parliament.

But even so, as a 2014 British parliament­ary report found, the oversight committee is dependent on whatever the government and its security services are willing to tell it.

The oversight committee’s analysis of Britain’s decision to enter the Iraq War against Saddam Hussein, for instance, was later found to be singularly deficient — largely because the government of the day withheld informatio­n.

In another case, involving the rendition of a British resident to Guantanamo Bay, a judge later concluded that the security services had simply lied to the oversight committee.

In short, even with the best of intentions, parliament­ary oversight is not enough to curb too-powerful security services. The trick is to ensure that such services are not given excessive power in the first place.

Some critics, including eventually the New Democrats, understood this when Bill C-51 was unveiled. I’m not sure the Liberals ever did. Thomas Walkom’s column appears Monday, Wednesday and Friday.

In short, even with the best of intentions, parliament­ary oversight is not enough to curb too-powerful security services

 ?? JUSTIN TANG/THE CANADIAN PRESS ?? Trudeau’s proposed security committee follows the British model but is even more constraine­d, writes Thomas Walkom.
JUSTIN TANG/THE CANADIAN PRESS Trudeau’s proposed security committee follows the British model but is even more constraine­d, writes Thomas Walkom.
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