Federal spy watchdog urges stronger safeguards to prevent Canadian complicity in torture abroad
NSIRA found three federal agencies—CSIS, IRCC, and RCMP—may not have adequately complied with rules governing information-sharing with foreign organizations during armed conflict.
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A federal intelligence watchdog is urging stronger measures to ensure information-sharing with other countries does not enable torture or mistreatment abroad.
The National Security and Intelligence Review Agency released a report examining how federal agencies comply with the Avoiding Complicity in Mistreatment by Foreign Entities Act, which forbids sharing information with—or using information from—foreign organizations when doing so creates substantial risk of torture or mistreatment in custody.
The watchdog examined five cases involving disclosures to foreign organizations engaged in armed conflict. It found that the Canadian Security Intelligence Service, Immigration, Refugees and Citizenship Canada, and the RCMP may not have been in compliance with the law's requirements. All three agencies showed deficiencies in how they designed mitigation measures to address specific risks of mistreatment.
CSIS relied on caveats attached to shared information and assurances from receiving agencies about how the information would be used. Those caveats stipulated intelligence-only use and compliance with international human rights law, including the Convention Against Torture. The watchdog found these measures "inadequately designed" to address actual mistreatment risks.
Global Affairs Canada's poor record-keeping prevented the watchdog from fully assessing that department's compliance. The report also noted that a foreign country's involvement in armed conflict created practical challenges for Canadian agencies in meeting their obligations, and that complying with the law can create dilemmas for agencies seeking to share information for humanitarian purposes.
CSIS had no immediate comment on the findings.
By the numbers
How many federal agencies did NSIRA find may not have adequately complied with information-sharing rules?
Three federal agencies—the Canadian Security Intelligence Service, Immigration, Refugees and Citizenship Canada, and the RCMP—may not have been in compliance with the Avoiding Complicity in Mistreatment by Foreign Entities Act's requirements.
What deficiency did CSIS show in its information-sharing safeguards?
The Canadian Security Intelligence Service relied on caveats stipulating intelligence-only use and assurances from receiving agencies about compliance with international human rights law, but the National Security and Intelligence Review Agency found these measures 'inadequately designed' to address actual mistreatment risks.
