A new report from the federal spy watchdog says the Canadian Security Intelligence Service failed to adequately consider the potentially serious adverse effects on people and their families when using its powers to disrupt potential threats.
The National Security and Intelligence Review Agency report also finds the spy service takes an “overly narrow” approach when determining whether a judicial warrant is required for a particular threat disruption measure.
Under the law, CSIS needs “reasonable grounds to believe” there is a security threat before taking measures to disrupt it. The spy agency also requires a court warrant whenever proposed disruption measures would limit a freedom guaranteed by the Charter of Rights or otherwise breach Canadian law. The watchdog says in some cases CSIS “disclosed information to external parties with their own levers of control” to deal with identified threats during the period under review.
Overall, the agency indicates that CSIS had given “limited consideration” to the possible effects of threat reduction measures, including those carried out for the spy service by other parties. The review agency says it expects CSIS to seek a judicial warrant when proposing a threat reduction measure that would limit someone's Charter rights, or that would otherwise be contrary to Canadian law, whether at the direct hand of CSIS or that of an outside party to whom CSIS disclosed information.
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