Memorandum of Understanding between CSIS and the Correctional Service of Canada (CSC) (2008)
MOUs
This MOU governs ongoing cooperation between CSE and CSIS on the transfer and sharing of information and the provision of operational support.
ATIP CSIS A-2015-352
2008
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
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
Memoranda of Understanding between CSIS and CSE
MOUs
<strong>2011 Document Purpose:</strong> (1) establish an arrangement under which CSIS and CSE will cooperate for the purpose of information and intelligence collection, information sharing, and operational support in accordance with their respective mandates: for CSIS, the CSIS Act and for CSE the National Defence Act. (2) Provide for the disclosure and safeguarding of information shared between CSIS and CSE.
<p><strong>2011 Document Synopsis: </strong></p>
<p>Further to the Minister of Public Safety’s approval, CSIS was authorized to enter into a framework arrangement on cooperation with the CSE.</p>
<p>Under this MOU, CSIS and CSE are to “cooperate to the greatest extent practicable within their respective legal authorities and mandates on the collection and sharing of information or intelligence, without compromising intelligence assets, sources or methods, while recognizing the legal rights of Canadians inside and outside Canada, as well as those of any persons in Canada” “as appropriate within each party’s legislative and policy frameworks, share the most accurate, complete, and timely information and intelligence as it relates to each party’s mandates, intelligence requirements and priorities, including updates and re-assessments of the intelligence to the extent possible”</p>
Also included are other files responsive to a 2015 access request containing many of the same documents, including historical MOUs.
2012
Documents obtained originally by Justin Ling