Independent Reviews of Security and Intelligence Agencies

External, independent review of security and intelligence agencies is inconsistent

Chapter 10, November 2003 Report of the Auditor General

Ottawa, 10 February 2004—There are inconsistencies in the level of external reviews of organizations collecting security intelligence and the extent to which the findings of external reviewers are reported to Parliament, says the Auditor General of Canada, Sheila Fraser, in her Report tabled today in the House of Commons.

"We give intelligence-gathering agencies special powers in the interests of national security. But Canadians deserve assurances that those powers are used properly and with justification," said Ms. Fraser. "Independent external reviews can provide these assurances."

The Canadian Security Intelligence Service (CSIS) is Canada's primary security intelligence agency. However, several other federal departments and agencies are involved in gathering intelligence in Canada. Some agencies, such as CSIS and the Communications Security Establishment (CSE), are extensively reviewed. Others-such as Customs, the Canadian Forces, and the Financial Transactions and Reports Analysis Centre of Canada-are not subject to any independent review.

Even when a review body exists, there are major differences in the approach used by the reviewer. The Commission for Public Complaints Against the RCMP is based on an ombudsman model. For example, it does not systematically review the lawfulness of the RCMP's use of wiretaps the way an agency with audit powers would. The Communications Security Establishment Commissioner, on the other hand, has a broader mandate, but his public reports focus primarily on the lawfulness of the agency's actions, with few observations related to management issues.

"I recommend that the government ensure that agencies that collect security intelligence be subject to appropriate levels of external review and disclosure," said Ms. Fraser.

After the audit was completed, the government announced the creation of an independent review mechanism for the RCMP's national security activities.

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