CSIS and Rights

War on terrorism could upset balance between security, rights

Jim Bronskill, The Ottawa Citizen

Tuesday, January 22, 2002 The federal watchdog over the Canadian Security Intelligence Service has quietly warned the government the "rights and liberties of Canadians" could be trampled in the war on terrorism.

In a top-secret document prepared for Solicitor General Lawrence MacAulay, CSIS Inspector General Maurice Archdeacon says the Sept. 11 attacks on the U.S. and the ongoing campaign against terrorism are placing "considerable pressure" on the spy service.

Mr. Archdeacon, who acts as the solicitor general's "eyes and ears" with regard to CSIS, expresses concern about the potential for infringement of civil rights in his latest certificate, an annual report card to the minister. A declassified version of the document was obtained by the Citizen under the Access to Information Act.

In the months following the assaults on New York City and Washington, D.C., the government allocated new funding to CSIS and brought in legislation to help the intelligence and police communities fight terrorism.

"In this context, the principle of democratic control of the operations of a security intelligence service, exercised through ministerial responsibility, acquires even greater importance for institutions such as this office," Mr. Archdeacon writes in the certificate, completed last month.

"An appropriate balance must always be sought between national security and public safety on the one hand, and the maintenance of the rights and liberties of Canadians on the other."

The inspector general advises he will be "particularly mindful" of these considerations, and promises to inform Mr. MacAulay "should any issue of significant importance to you arise."

Mr. Archdeacon declined yesterday to elaborate on the certificate's contents.

However, the document reflects concern expressed in some quarters that the new resources and powers bestowed upon security agencies in the wake of Sept. 11, coupled with intense pressure to prevent further terrorist attacks, could lead to the compromise of individual rights.

The terrorist incidents have prompted measures including stricter screening of refugees and other newcomers, tighter airport security, additional scrutiny of travellers at border crossings and increased information-sharing on the part of Canadian and U.S. agencies.

In the federal budget presented last month, CSIS received new funding of $300 million and the RCMP $576 million, spread over five years. Recently passed legislation makes it easier for authorities to arrest, detain and question suspected terrorists. It also beefs up laws to counter espionage and increases the government's power to keep documents secret.

One insider said the enhancement of police power has given rise to fears the RCMP, seen by some as subject to less-strict oversight than CSIS, could pursue suspects using undercover techniques the spy service might not always be able to justify under its tightly controlled mandate.

The inspector general's certificate, which covers the year ending last March 31, is based on his review of CSIS operations and activities. Mr. Archdeacon and his staff studied judicial warrants permitting wiretaps, targets monitored by the service and lists of informants recruited to assist investigations. The inspector general also received a series of comprehensive briefings from CSIS and pored over detailed reports compiled by the service.

Overall, Mr. Archdeacon concludes the spy agency conducts operations in compliance with the law "in an effective and professional manner."