Ministerial Direction to the RCMP on National Security Responsibility and Accountability (2003)
Ministerial direction, Operational policies
This ministerial direction outlines the "responsibilities and accountabilties" of the Solicitor General of Canada (now Minister of Public Safety) and the Commissioner of the Royal
Canadian Mounted Police (RCMP) in matters related to RCMP investigations that fall under subsection 6(1) of the Security Offences Act and investigations related to a terrorist offence or terrorist activity.
ATIP RCMP GA-3951-3-01 635/05
2003
CSIS DDO Directive on information sharing with agencies with poor human rights records (2008)
Operational policies
The Directive specifies that international exchange of information and intelligence is vital to safeguarding Canada's national security and public safety. In that context, however, the Service may be required to deal with foreign governments and agencies having poor human rights records. This Directive sets out the principles that will guide our actions in the sharing, seeking and use of information from such agencies or government. This DDO seems likely to have been superseded since it predates the 2011 ministerial directives on information sharing with foreign agencies.
ATIP CSIS 117-2010-7
2008
One Vision 1.0 (RCMP-CSIS framework for cooperation) explanatory document
MOUs
This document describes the original RCMP and CSIS deconfliction protocols and operational approach to intelligence to evidence. It is superseded by 2015's One Vision 2.0, also in this database.
ATIP CSIS A-2014-224
Unknown
Obtained originally by Colin Freeze, Globe & Mail
One Vision 2.0 (CSIS-RCMP Framework for Cooperation)
MOUs
<strong>Description: </strong>In response to the expansion of CSIS's powers in Bill C-51, the RCMP and CSIS concluded One Vision 2.0: "One Vision 2.0 enhances the existing framework for cooperation that guides deconfliction efforts and the possible disclosure of CSIS information to the RCMP. as well as cooperation where CSIS is considering the use of threat reduction measures."
ATIP
2015
Obtained initially by Colin Freeze, Globe and Mail
Memorandum of Understanding between Global Affairs Canada and CSIS regarding consultation on CSIS threat reduction activities
MOU
<strong>Description: </strong>CSIS and GAC have developed an enhanced consultation mechanism (ECM) regarding consultation related to threat reduction activities (TRA) pursuant to s.12.1 of the CSIS Act (the new powers added by bill C-51).
c.2015
Sharing Information in the National Security Context (RCMP)
Information-sharing
<p><strong>Document Synopsis: </strong>Guides the RCMP re: information sharing, including information sharing with foreign entities when there is a substantial risk of mistreatment involved.</p>
ATIP
Unknown, but likely post-2011
Ministerial Direction to CSIS for Operations and Accountability (2015)
Ministerial direction
<p><strong>Analysis: Comparing the Old (2008) and New (2015) CSIS MD for Operations </strong></p>
With the passage of Bills C-44 and C-51 in 2015, new Ministerial Directions were issued to CSIS to set parameters for the use of its new powers.<br /><br />The old MD was titled ‘Ministerial Direction for Operations’ whereas the new 2015 MD is titled ‘Ministerial Direction for Operations<strong><em> and </em></strong>Accountability’ (in the past, two separate MDs were used for operations and accountability).<br /><br />In the new MD, accountability is found under a newly created Annex A. In the old MD, Annex A was titled ‘General.’ <em>However, the new Accountability provisions under Annex A are largely redacted so it is difficult to tell what accountability mechanisms have been introduced, other than the fact that CSIS is obliged to consult with the Minister of Public Safety. <br /></em><br />Under ‘<strong>Fundamental Principles</strong>’: the new MD maintains the first 3 principles as the old MD which include: the rule of law; reasonableness and proportionality in operations; and the greater the risk, the greater authority requires for approval.<br /><br />The fourth principle’s wording is different in the new MD: its main focus is on ‘rights and freedoms of individuals’ as opposed to ‘intrusive techniques’ as written in the old MD. The new MD also explicitly mentions <strong>privacy</strong> as an important human rights consideration under ‘Fundamental Principles’ whereas the old MD did not. In the old MD, privacy appears under ‘Annex A: General.’<br /><em><br />It seems that the fourth principle is fundamentally the same: human rights must be regarded when CSIS engages in intrusive operational techniques; just the wording has been changed.</em><br /><br />The new power of <strong>threat reduction</strong>:
<ul><li style="text-align:left;">The old MD stated that “CSIS shall focus its collection, analysis and advisory activities…”</li>
<li style="text-align:left;">The new 2015 MD states that “The Service shall focus its collection, <strong>threat reduction</strong>, analysis, and advisory activities…”</li>
<li>Annex C: <strong>Human Source Program </strong>
<ul><li>Very interesting: the old MD stated that “human sources will carry out their tasks on behalf of the Service <span style="text-decoration:underline;">without engaging in illegal activities.”</span> In contrast, the new MD says “human sources will carry out their tasks on behalf of the Service <span style="text-decoration:underline;">in a manner that supports the duties and functions of the Service</span>.”
<ul><li style="text-align:left;"><em>Is the implication that illegal activities are acceptable for human sources, under the new MD, something that is plausible (with warrant) under the post-Bill C-51 regime<br /></em></li>
<li>Annex D: <strong>Operational Activity Outside Canada</strong>
<ul><li style="text-align:left;">No significant changes in wording from the old MD</li>
<li>Annex F: <strong>Foreign and Domestic Arrangements:</strong>
<ul><li style="text-align:left;">No significant changes in wording but: the old MD used 'CSIS' and 'the Service' interchangeably, the new MD seems to use <strong>'The Service'</strong> consistently.</li>
</ul></li>
</ul></li>
</ul></li>
</ul></li>
</ul>
2015
Ministerial Direction for CSIS Operations (2008)
Ministerial direction
Ministerial direction on CSIS operations from 2008, superseded by the 2015 version.
ATIP
2008