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PDF Text
Text
CSIS PROCEDURES:
S.12.1 THREAT REDUCTION MEASURES
SECRET
Governin Policy: Conduct of Operations
Introduced: 2015-10-20
Last Revised:
Version: 1
Polic Centre: DDO
Replaces: New Procedure
I
~
1.
GENERAL
1.1
This procedure outlines the requirements applicable to the use of threat reduction measures
pursuant to s.12.1 of the CSIS Act.
1.2
This procedure applies to any internal operational measure undertaken by the Service where the
principal purpose is to reduce a threat to the security of Canada, as defined in s.2 of the ('Si S Act.
1.3
Section 12.1 measures to reduce a threat may be undertaken where there are reasonable grounds
to believe that a partioular activify constitutes a threat to the security of Canada, provided the
measure is reasonable and proportionate in the circumstances. Judicial authorization is required
for any s.12.1 measure that is assessed as being contrary to Canadian law or contravening a
Charter right or freedom .
1.4
In undertaking s.12 .1 measures, the Service shalll10t cause, intentionally or by criminal
negligence, death or bodily harm to an individual, wilfully attempt in any manner to obstruct,
pervert or defeat the course of justice, or violate the sexual integrity of an individual.
1.5
Disclosures to Government of Canada (GoC) partners or law enforcement, pursuant to sections
13, 14 or 19 under the CSIS Act are not considered s.12.1 measures and are governed by separate
procedures; refer to the CSIS Policy:
and CSIS Policy : Securdy Advice and Assessments and associated
procedures for further guidance.
1.6
Collection activities that may have the incidental or secondary effect of reducing a threat to the
security of Canada are not considered s.12 .1 measures as long as the principal purpose of the
activity was the collection of information or intelligence.
2.
GOVERNING PRINCIPLES
2.1
CSIS achieves its mission·t o protect Oanada' s national security and Canadians through its
advisory and disclosure functions as well as its use of s. 12.1 reduction measures.
2.2
Employees bave a responsibility to consider the range of national security tools available to
respond to threats t01:he security of Canada; the use of s.12.1 measures is an additional tool.
Page 10f7
�CSIS PROCEDURES:
S.12.1 THREAT REDUCTION MEASURES
SECRET
2.3
The duty to respond to threats can be achieved through the use of multiple tools~ including s.12.1
measures, either consecutively or concurrently.
2.4
Operational planning should underpin the use of s. 12.1 measures .
3.
REQUEST FOR APPROVAL
3.1
At any time, HeadquaI
1ers (HQ) Operational Branch, in consultation with the appropriate
Region, may initiate a Request for Approval (RF A) to undertake a non-warranted s.12.1 measure
using the a roved tem late.
3.2
At any time, a Region, in consultation with the appropriate HQ Operational Branch, may initiate
an RF A to undertake a s.12.1 measure using the approved tem pl ate.
3.3
Consultation with the Deputy Director Operations (DDO) Secretariat should occur prior to, and
during, the development of the RFAfor guidance on drafting. DDO Secretariat will consult with
CSIS Department of Legal Services (DLS) to determine if a warrant may be required .
Page 2 of 7
�CSIS PROCEDURES:
S.12.1 THREAT REDUCTION MEASURES
SECRET
Development of a Request for Approval
3.8
All requests for approval for s.12.1 measures will be coordinated by the DDO Secretariat and
approved at the Executive level.
3.9
The HQ Operational Branch or Region must complete all sections of the Request for Appruval
for s.12. J Measure template.
3.10
The RF A must contain sufficient information to:
3.11
The.RF A must be accompanied by an annex that provides a detailed description
Page 3 of7
�CSIS PROCEDURES:
S.12.1 THREAT REDUCTION MEASURES
SECRET
External Consultations
3.17
U
3.18
Consistent withMinisterial Direction, consultation with GoC partners, including the Royal
Canadian Mbunted Police (RCMP), DFATD and others as appropriate, will occur prior to
seeking approval to undertake s. 12.1 measures.
TheHQ Operational,Branch will coordinate
engage in consultations with the RCMP in accordance with the One Vision Framework.
to
3.18.1 The RCMP must be consulted OJ) all s.12. 1 measures for all investigations in relation to s.2 (c) of
the CSIS Act and others as appropriate.
Page 4 of7
�CSIS PROCEDURES:
S.12.1 THREAT REDUCTION MEASURES
SECRET
3.19
DFATD will be consulted on s.I2 .] measures that are assessed as having potential
foreign policy implications
3.20
Where the s.12.1 measure may impact another GoC department ' s mandate or a foreign partner
(e.g., activity is abroad), the HQ Operational Branch must consider whether consultation is
required and initiate such discussions as appropriate. All decisions, details of the consultation
and supporting rationale must be documented .
4.
REVIEW AND APPROVALS OF REQUEST FOR APPROVAL
Page 5 of7
�CSIS PROCEDURES:
S.12.1 THREAT REDUCTION MEASURES
SECRET
5.
EXECUTION OF S.12.1 MEASURE
5.1
Once approved, the HQ Operational Branch or Region is authorized to undertake the s.12.1
measure(s).
6.
REPORTING REQUIREMENTS
6.1
The RF A and supporting annexes, whether approved or not, must be documented to the
appropriate operational file .
6.2.1
"Phis reporting must also be provided to DDO Secretariat for tracking purposes as well as to fulfil
the-Service' &reporting obligationsJor the Director' s Annual Report to the Minister of Public
Safety.
r
6.3
The HQ
Branch, or DDO Secretariat and PFR, must document all consultations,
prior to and afte( the measure was undertaken, with other GoC partners, including the date and
response received.
Page 6 of7
�Page 7 of7
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Operational polices and procedures
Subject
The topic of the resource
Documents related to agency operational policies and procedures.
Dublin Core
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Title
A name given to the resource
CSIS Procedures: S. 12.1 Threat Reduction Measures
Description
An account of the resource
CSIS internal policy for approving threat reduction activities (pursuant to new powers given to CSIS in 2015 by Bill C-51)
Source
A related resource from which the described resource is derived
ATIP CSIS 117-2016-335
Date
A point or period of time associated with an event in the lifecycle of the resource
2015-10-20
CSIS
Operational policies
Threat reduction activities
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PDF Text
Text
�Threat Management Framework
• Both CSIS and the RCMP share the goal of ensuring the
safety and security of Canadians and protecting Canadian
interests at home and abroad.
• This goal is most effectively accomplished through a sound
and collaborative approach to threat management - the
One Vision framework launched in 2012.
• One Vision 2.0 enhances and codifies the existing
framework for cooperation that guides deconfliction efforts
and the disclosure of CSIS information to the RCMP.
�• One Vision 2.0 is designed to formalize the transition of intelligence into the criminal
justice system. It is recognized that the "intelligence to evidence" issue is complicated and
evolving. It is subject to legislation and judicial precedent; it is informed by commissions of
inquiry; it is affected by our respective policies and procedures; it is guided and assisted by
training and mutual understanding.
• One Vision 2.0 creates a framework for cooperation that can be explained to and defended
before the courts, and that maintains and creates both an appropriate degree of separation
and a functionally operational relationship between CSIS and the RCMP.
�• Approved by the RCMP Commissioner and CSIS
Director on 2015 11 24;
• Codifies - for the first time - the framework and the 5
principles;
• Provides key definitions to clarify the process and the
roles of our respective HQs and Regions / Divisions;
• Serves as the Threat Reduction Activity (TRA)
deconfliction mechanism;
• Formalizes and centralizes record keeping: RODs
produced
and approved by RCMP / CSIS HQ
�Intelligence and Evidence Flow
Region - - - Division
';'.
t:
~;.:'
<
~~¥~;_'~5',
. : __ ............!{
~.
_
. k.:i--~,
" "-ft.;.
_
"'..
,
.~"{ :>i:~~~:\:-r.:. ~ ~~~::
Parallel
Investigation
)'i :,:~ t:~l~:i~'·~ :~~§~<
Tactical
Deconfliction
HQ--- HQ
HQ
~--+-4HQ
Formal initiation of
investigation
Strategic case
management
as required
�Principles
• Public safety is paramount.
�Principles
• Always consider the effect of your actions upon the other agency.
�Principles
• Earlier is better when discussing strategy, seeking legal advice, identifying
problems and sharing information.
�Principles
• Focusing the information to be disclosed by CSIS will assist both organizations
and avoid future problems.
�Principles
• Every investigation is different; it is critical to have a consistent process which
will recognize and manage these differences.
�Foandat' onal Criteria for National Security
i
Criminal Investigations
• The initiation of a criminal investigation must be based on a reasonable
suspicion or belief that criminal activity has occurred or may occur. The
following may initiate a disclosure from CSIS to the RCMP:
• Information and intelligence (foundational to the initiation of an
investigation), which may indicate criminal activity ;
• An element of an offence under the Security Offences Act or any other act
of Parliament;
• An imminent threat;
• A pattern or behavior that may constitute a threat to the security of
Canada.
�Assessment Process Prior to Disclosure
Under Section 19, CSIS Act
• CSIS receives information and intelligence.
• CSIS makes an assessment which requires a consideration of:
• The threat to the security of Canada;
• The nature and seriousness of the potential criminal activity ;
• The impact that sharing the information may have on the Service's
investigations (sources, methods and operations, including the
management of third party information);
• The impact of judicial disclosure obligations on a CSIS investigation;
• The merit and impact of involving other stakeholders (e.g. CBSA, CRA,
foreign and domestic agencies).
�Strategic Consultations
• If deemed appropriate by CSIS, CSIS HQ Ops Division will contact the
RCMP to initiate a strategic case management meeting. (RCMP may initiate)
• The process will consist of a meeting( s) between the RCMP and CSIS to
assess the magnitude and scale of the information and intelligence based on
the foundational criteria.
• A decision will be made regarding the need for formal disclosure to the
RCMP via Disclosure or Advisory Letter.
• A ROD will be produced by CSIS, agreed to by both organizations and
retained on our respective files.
• TRA will be deconflicted if applicable (RCMP engagement on a file may
result in TRA being held in abeyance).
�Assessment Process Prior to Disclosure
Under Section 19, CSIS Act
• It is recognized that, depending on the nature of the case, the RCMP will wish
to be informed about the following information:
• The subject of the investigation ("who");
• The activity ("what");
• The time frame ("when");
• The location ("where");
• The motivation, if known ("why")
• The content of disclosures will be discussed at the strategic case management
meeting.
�Disclosure Under Section 19, CSIS Act
• Contingent upon the results of the strategic case management meeting,
CSIS may initiate a disclosure process.
• The RCMP will, upon receipt of the letter, disseminate as deemed
appropriate (SOPs and guidelines being developed).
• As soon as practical, the RCMP will advise CSIS of what investigational
avenue the RCMP will pursue, if any, based on the information and
intelligence CSIS shared.
�During the Criminal Investigation
• Adherence to these guidelines will help ensure that the RCMP criminal
investigation remains separate, distinct and parallel to any CSIS investigation.
• It is recognized that there will be a continuing need for coordination and deconfliction between the two investigations that may lead to disclosure.
�During the Criminal Investigation
• There is a continuing requirement for CSIS to report to government on threatrelated activities and the RCMP can assist in that regard.
• Primacy does not mean exclusivity.
�During the Criminal Investigation
• Ongoing inter-agency dialogue may be appropriate to ensure public safety
concerns are met and all options are explored.
• These will take the form of strategic case management meetings or, as required,
tactical deconfliction.
�uring the Criminallnvestlga Ion
• CSIS, when conducting a parallel investigation, may disclose additional
information and/or intelligence consistent with the One Vision principles.
(Important to maintain the separation of investigations)
• The RCMP will provide CSIS with information and/or intelligence. {No
and allows for more effective de confliction .
• In accordance with policy, CSIS and the RCMP will ensure the retention of
information, intelligence and evidence.
�Post Investigation I Pre-trial Disclosure
(Stinchcombe)
• The responsibility for disclosure belongs to the Crown.
• Ongoing inter-agency (including DO] and PPSC) strategic consultation to
ensure the appropriate use of sensitive national security information and
its protection as required.
• CSIS investigations are separate and distinct from RCMP criminal
investigations. CSIS is normally a third party for disclosure purposes.
�eQuestions?
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Memoranda of Understanding
Subject
The topic of the resource
Memoranda of Understanding (MOUs) between agencies.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
One Vision 2.0 (RCMP-CSIS framework for cooperation) explanatory document
Subject
The topic of the resource
MOUs
Description
An account of the resource
This document (a powerpoint deck) describes the post-Bill C-51 RCMP and CSIS deconfliction protocols and operational approach to intelligence to evidence.
Source
A related resource from which the described resource is derived
ATIP CSIS 117-2016-122
Date
A point or period of time associated with an event in the lifecycle of the resource
Unknown, but c. Feb 2016
cooperation
CSIS
Deconfliction
information-sharing
Intelligence-to-evidence
MOU
One Vision
Operational policies
Operations
RCMP
-
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Dublin Core
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Title
A name given to the resource
Ministerial directions
Subject
The topic of the resource
Directions issues by ministers to security agencies.
Dublin Core
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Title
A name given to the resource
Ministerial directive to CSE to operationalize the framework for addressing risks in sharing information with foreign entities (2011)
Subject
The topic of the resource
Ministerial direction
Description
An account of the resource
This document includes memoranda to the minister of national defence and then the ministerial directive on international information sharing by the Communications Security Establishment (CSE) in circumstances where there is a risk of maltreatment or torture. It also includes internal policy documents on the implementation of this ministerial directive.
CSE
Foreign cooperation
information-sharing
Maltreatment
Ministerial direction
Operational policies
Torture
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Dublin Core
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Title
A name given to the resource
Operational polices and procedures
Subject
The topic of the resource
Documents related to agency operational policies and procedures.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Policy on Implementing the Ministerial Direction to the CBSA on Information Sharing with Foreign Entities
Subject
The topic of the resource
Operational policies
Description
An account of the resource
CBSA policy to implement the 2011 Ministerial direction on international information sharing in circumstances where there is a risk of torture or maltreatment.
Source
A related resource from which the described resource is derived
ATIP
Date
A point or period of time associated with an event in the lifecycle of the resource
Unknown
CBSA
information-sharing
Maltreatment
Operational policies
Torture
-
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Dublin Core
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Title
A name given to the resource
Operational polices and procedures
Subject
The topic of the resource
Documents related to agency operational policies and procedures.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
CSIS OPS-707 Human Source Compensation
Subject
The topic of the resource
Operational policies
Description
An account of the resource
This policy outlines the principles and standards that govern CSIS human source compensation
Source
A related resource from which the described resource is derived
ATIP
Date
A point or period of time associated with an event in the lifecycle of the resource
2013
Compensation
CSIS
Human sources
Operational policies
Operations
Payment
-
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bd15d0c546fdfd279f885402cefed1eb
Dublin Core
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Title
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Operational polices and procedures
Subject
The topic of the resource
Documents related to agency operational policies and procedures.
Dublin Core
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Title
A name given to the resource
CSIS OPS-100 Targeting, Section 12
Subject
The topic of the resource
Operational policies
Description
An account of the resource
To state the principles and directives governing the approval process for an initial request, renewal, upgrade, downgrade or a termination of a targeting level pursuant to the CSIS Act. Targets can be persons, groups or organizations, and issues or events
Source
A related resource from which the described resource is derived
ATIP
Date
A point or period of time associated with an event in the lifecycle of the resource
2010
CSIS
Operational policies
Operations
Targetting
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e4a3ab24d4f8517d8f8384055eb7804a
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Operational polices and procedures
Subject
The topic of the resource
Documents related to agency operational policies and procedures.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
CSIS OPS-805-3 Foreign Agency Visits
Subject
The topic of the resource
Operational policies
Description
An account of the resource
CSIS procedures re: foreign agency visits.
Date
A point or period of time associated with an event in the lifecycle of the resource
2010
CSIS
Foreign cooperation
Operational policies
-
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968303994f0167180d9b64ecb793cd2e
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Operational polices and procedures
Subject
The topic of the resource
Documents related to agency operational policies and procedures.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
CSIS OPS-504 Special Events
Subject
The topic of the resource
Operational policies
Description
An account of the resource
Ensure that CSIS meets its mandate re ‘special events’.
Source
A related resource from which the described resource is derived
ATIP
Date
A point or period of time associated with an event in the lifecycle of the resource
2006
CSIS
major events
Operational policies
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https://d1y502jg6fpugt.cloudfront.net/28811/archive/files/cf75fb37ce3f064ca32b43404dfd230f.pdf?Expires=1712793600&Signature=EV1j14Br6lHxtd8GBegKiNJ7Bvss1IzoPPDkTHp-62MKDOHrWy9y2fnLcZMmDwkljF5qJUAvUFmA7vcur2Sphl-pZD22x3IW06SYCtFdcLmSOKS%7Erlw8P476DL2K3PyJM5wUAuQP4QvbHVtBU-yqe8I3Y8%7E3J2Kj-1tAQmog%7EquZZLYbbNKTWgk1zStq9uB4bn5Tsp9%7EQju%7EWf2m2LRS0Mpk-nnFp2by0q66A5ZnyufEml69vtKDsyragi931mMURBRKw3jKeOr6oImW7TLHKArbta9xJMJFX48z9V9m0PwMQyQnHP4VkEZb%7EaH0uVfSE%7EhvCrdD1jCSmpdMk-4FKw__&Key-Pair-Id=K6UGZS9ZTDSZM
bd7295763ce466526e3be4446efec61b
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Operational polices and procedures
Subject
The topic of the resource
Documents related to agency operational policies and procedures.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
CSIS OPS-501 Operational Reporting
Description
An account of the resource
To provide direction for reporting through various phases of the intelligence cycle.
Source
A related resource from which the described resource is derived
ATIP
Date
A point or period of time associated with an event in the lifecycle of the resource
2010
Subject
The topic of the resource
Operational policies
CSIS
Intelligence cycle
Operational policies
Operations
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https://d1y502jg6fpugt.cloudfront.net/28811/archive/files/959e32ab350049d385aa4d100b7ff058.pdf?Expires=1712793600&Signature=X%7ENz39WnM%7EDFBCfV-JjOroHkCiLYGEoOyURBq8O81rGpi2b4oSvGCeB-TvZeQnCKu9YQGjrLDiuT2l6OTsrnb2ZT2Qz6xJkDVKuXDKahTs7j1FKhNFrE5ZvaQyVqH1ZTPZEN0VA4BUSvqHmV3vsoatZjm0kFuj2cVudRQhO02w4WNSgEUWzq1MEOHKsD-3tE0Z2TQW-VFxyiiVJeH5doVQLXg32jYVGPBU6phxrFs3FYQ-g3fZbDklnZVpH1xNXO4jPmagmW1rfTrPSuTCCUAj0jopP8WkKQnN77inHDgTL%7EbI7Sl9hHKncsKjKdrDmnX-DYVywn%7E53TMcl0SN%7ExMg__&Key-Pair-Id=K6UGZS9ZTDSZM
a36afc0b2948b700e5b2cd1cfc665bbc
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Ministerial directions
Subject
The topic of the resource
Directions issues by ministers to security agencies.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Ministerial Direction to the RCMP on National Security Related Arrangements and Cooperation (2003)
Subject
The topic of the resource
Operational policies
Description
An account of the resource
This direction establishes the process for the RCMP to follow when entering into an arrangement with foreign security and intelligence organizations for the purpose of performing its duties and functions with respect to matters that fall under subsection 6(1) of the Security Offences Act and those related to terrorist offences or terrorist activity.
Source
A related resource from which the described resource is derived
ATIP RCMP GA-3951-3-01 635/05
Date
A point or period of time associated with an event in the lifecycle of the resource
2003
Foreign cooperation
information-sharing
Ministerial direction
Operational policies
RCMP