A new report by the ombudsman responsible for overseeing the operations of the Canadian spy service criticizes the latter’s failure to develop expertise in the application of judicial warrants. A specialization that requires training, experience and investment, it is emphasized.
According to the National Security and Intelligence Review Board (OSSNR) report, the Canadian Security Intelligence Service (CSIS) must also make major changes in its relationship with its attorneys at the Department of Justice.
In their investigation, authors Marie Deschamps and Craig Forcese heard numerous eyewitness reports. systematic, cultural and management issues endangering the ability of CSIS “to fulfill the mandate entrusted to it by Parliament”, one reads.
Judge Patrick Gleeson, of the Federal Court, recommended in 2020 that a thorough and independent review sa systematic, cultural and gaps and management failure from CSISwho was punished for illegal activities and for failing to “his duty of candor” towards the court.
The report ofOSSNR argues that the CSIS and his lawyers are having a hard time easily meet their legal obligations, including the Federal Court.
” It is in the public interest to resolve these issues on an urgent basis. If the CSIS and the Ministry of Justice has resolved some problems, the difficulties remain apparent. “
The federal government said it agrees with most of the 20 recommendations made by the ombudsman.
Franchise obligations
The Canadian spy service has a franchise obligations in court when he appears here to obtain a warrant. He must therefore disclose to the judge details about the credibility of the sources providing the information used in the warrant application, as well as the broader manner in which it will be executed.
gold, despite attempts to reform the current process of mandates adopted by CSIS and endorsed by the Department of Justice, the warrant process has repeatedly failed to be straightforward. Numerous reforms seem to have contributed to the bureaucratic complexity of the process in question without solving the problems outright.denounce the authors of the report.
The authors therefore plead for a new simplified process related to the mandates.
Once streamlined, the system should reduce delays caused by management approvals and reinvest the time saved in requisition optimization steps..
Low morale
L ‘OSSNR also found that the Learning and Development Division of CSIS does not receive the resources necessary to implement comprehensive training programs, especially in special areas not covered by the training that intelligence officers receive at the beginning of their careers.
Furthermore, the authors emphasize that following their interviews conducted during their investigation, they note that the morale will be particularly low on CSIS.
” Perhaps there are several reasons for this moral issue. And the problems encountered at the systematic level and at the management level regarding the process associated with mandates are certainly not related to it. “
Among the federal commitments outlined in a response to the report is Public Safety Canada’s plan to develop an enhanced vetting process for warrant applications.
L ‘OSSNR asserted that a truly independent challenge process would strengthen the warrant review process and enhance ministerial accountability.
The Canadian Press
Source: Radio-Canada
