CSIS can break the law. They need to document it better, watchdog warns

A new watchdog report has criticized Canada's spy agency, the Canadian Security and Intelligence Service (CSIS), for lacking proper documentation of illegal activities it undertakes to gather intelligence. The National Security and Intelligence Review Agency (NSIRA) found that while CSIS generally adheres to the bounds of the illegal actions permitted under the law, it often fails to provide sufficient justifications and explanations for these actions.

The report, examining operations from 2022 to 2023 and 2023 to 2024, revealed that CSIS engaged in these activities 173 times in the first period and 178 times in the second. These activities are authorized under the 2017 national security reforms, which place certain limitations on the agency's actions but also grant it more flexibility in certain circumstances.

However, the review agency noted that CSIS operatives frequently omit crucial details in their documentation. In some cases, they failed to explain the threat that led them to believe illegal activities were justified or to describe the negative consequences of these actions. In other instances, the agency did not outline alternative courses of action considered before resorting to illegal activities.

The review agency also pointed out that the CSIS team responsible for overseeing these activities is under-resourced. They suggest increased internal guidance and review to ensure CSIS is compliant with its legal obligations. The report emphasizes that many of the deficiencies can be attributed to confusion or a lack of understanding of the requirements and consequences of non-compliance. CSIS has not yet commented on the report.