Document Synopsis: Contains MD; Annex D; Appendix 1 (Standards and Guidelines for Establishing a Foreign Arrangement); and Annex F (Joint Operations, Operational Assistance and Investigative Activity Outside Canada) which includes guidelines for joint operations within and outside of Canada. It highlights that CSIS investigative activity outside of Canada will: conform to the CSIS Act, hold potential benefit for Canada and its national interests, and be considered for its impact on Canadian foreign policy interests.
Document Purpose: Protocol for CSIS to share information with foreign agencies and governments.
This document seems now to have been superseded by the 2011 ministerial direction on information-sharing.
Document Analysis: Pursuant to section 17 of the CSIS Act and in accordance with existing Ministerial Directives, CSIS may be authorized to enter into formal information sharing agreements with foreign agencies, including those that are generally recognized as having poor human rights records. CSIS is directed to not knowingly rely on information derived from torture, and take reasonable measures to reduce the risk that its actions could promote or condone torture.
CSIS’s review body, the SIRC, reported in its 2004-2005 annual report that at least one of the CSIS foreign arrangements that it audited “did not provide an adequate analysis of potential human rights issues.” It objected to CSIS’s claim that it “ensures” that information exchanged is not the cause or product of human rights abuses….the Service is rarely in a position to determine how information received from a foreign agency was obtained. As Mr. Elcock stated to the Arar Commission, when it comes to information that may have been the product of torture, “the reality is in most cases we would have no knowledge that it was derived from torture. You may suspect it was derived from torture, but tat is about as far as one will get in most circumstances” [Canada, SIRC, Annual Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005) in Forcese, NS Law, 487].
Justice O’Connor’s recommendation at the Arar Inquiry was that “Canadian agencies should accept information from countries with questionable human rights records only after proper consideration of human rights implications. Information received from countries with questionable human rights records should be identified as such and proper steps should be taken to assess its reliability” (Forcese, NS Law, 488).Document Purpose: Policy deals with the assistance provided by the Service, pursuant to sections 16 and 21 of the CSIS Act, to the Minister of Foreign Affairs or Minister of National Defence in the collection of foreign intelligence within Canada relating to Canada’s defence or international affairs.
Document Purpose: Policy deals with the processing of information and communications collected by CSIS and processed by CSE.
Document Analysis: Guidelines for foreign arrangements generally establish that:
- Arrangements must be compatible w/ Canada’s foreign policy
- Arrangements are in the interests of Canada’s security
- Arrangements with foreign countries or organizations will only be considered where there is a definite requirement to protect Canada’s security.
Includes OPS-402-1 Standards and Guidelines for Establishing a Foreign Arrangement (June 6, 2005) – states that where there is a requirement to enter into a foreign arrangement under Section 17 of the CSIS Act, a request must be submitted to the Director General Foreign Liaison and Visits (DG FLV). Guidelines include (unredacted): describing the rationale for proposed arrangement, assess internal political situation and respect for human rights (by looking at the human rights record of a country and any abuses by security or intelligence organizations).
Section 17 of the CSIS Act:
Cooperation
17 (1) For the purpose of performing its duties and functions under this Act, the Service may,
(a) with the approval of the Minister, enter into an arrangement or otherwise cooperate with
(i) any department of the Government of Canada or the government of a province or any department thereof, or
(ii) any police force in a province, with the approval of the Minister responsible for policing in the province; or
(b) with the approval of the Minister after consultation by the Minister with the Minister of Foreign Affairs, enter into an arrangement or otherwise cooperate with the government of a foreign state or an institution thereof or an international organization of states or an institution thereof.
Copies of arrangements to Review Committee
(2) Where a written arrangement is entered into pursuant to subsection (1) or subsection 13(2) or (3), a copy thereof shall be given forthwith to the Review Committee.