Watchdog finds problems with spy service’s use of legal authority to commit offences

OTTAWA — A review by the Canadian Security Intelligence Service (CSIS) watchdog has found potential breaches of the law as the spy agency used its special powers to gather information. The CSIS Act permits designated CSIS employees to break the law when collecting intelligence, ensuring their operations remain legal. The National Security and Intelligence Review Agency (NSIRA) report highlights several limitations and requirements tied to this authority, including prohibitions on wilfully obstructing justice, infringing on Charter rights, detaining, torturing, or killing individuals.

CSIS employees must provide a rationale for any actions they deem reasonable and proportionate when committing offences or directing sources to do so.

The review examined CSIS's use of this authority in operations during 2022 and 2023. It discovered that some CSIS employees may have committed offences without the necessary designation and that direction may have been given to commit certain acts without the legal authorization required. The report also reveals that CSIS sometimes failed to adequately document the justifications for offences and did not adequately report and notify required internal procedures to the review agency.

The spy watchdog emphasizes that CSIS bears the responsibility to ensure all operations comply with the law, particularly when they involve activities that would otherwise be illegal. The Ottawa-based International Civil Liberties Monitoring Group expressed deep concern over the findings, stating that CSIS continues to push the boundaries of the law and fails to abide by the rules and regulations meant to instill trust in their handling of sensitive powers. The report by The Canadian Press was initially published on September 29, 2026.