(OTTAWA) Newly released documents say the intelligence community’s relationship with its top watchdog has been particularly strained over the past year due to a “level of resistance” to scrutiny.
That assessment appears in briefing materials prepared for Canada’s top official ahead of a meeting in late January with the president of the National Security and Intelligence Review Agency (OSSNR).
The notes were released to The Canadian Press in response to a request to the Privy Council Office (PCO) under the Access to Information Act.
This is the latest indication of serious tensions between the spy watchdog and the federal intelligence agencies it controls.
It follows recent release of intelligence oversight agency documents that lament a culture within Communications Security Establishment Canada of “resisting and obstructing” independent oversight, which thwarts efforts to guarantee that the cyber espionage service obeys the law.
The latest memos surface as part of a Royal Canadian Mounted Police investigation into leaks of classified information to the media – including details of Canadian Security Intelligence Service reports – regarding alleged interference of China in Canadian political affairs.
In January, National Security Advisor Jody Thomas sent a memo to Clerk of the Privy Council Janice Charette advising her ahead of a meeting with the chair of the National Security and information.
“The President considers that there remains a level of resistance to OSSNR’s review activities and may seek your support in elevating the culture of review within Government of Canada departments and agencies,” the memo reads. .
Created in 2019, the OSSNR is an independent agency, reporting to Parliament, that reviews all federal national security and intelligence activities to ensure they are legal, reasonable and necessary. It also investigates public complaints about national security agencies and activities.
Building public trust
Background documents accompanying Jody Thomas’ memo say the review agency’s dealings with many organizations “have been difficult.”
Contributing factors include the need for departments to adapt to new review requirements without additional resources, as well as OSSNR’s broad interpretation of its mandate and the approaches it has taken. , according to the documents.
They add that President Marie Deschamps, a former Supreme Court justice, had recently met with Ms.me Thomas and acknowledged that adapting to new review practices takes time and that “the culture of review is improving” within the security and intelligence community.
A preface to the “talking points” offered for Mme Charette, as she prepared to meet Marie Deschamps, noted that the ministers and deputies had “been surprised by the subjects raised and the level of detail discussed by the president during the bilateral discussions”.
Mme Charette was advised to tell Mr.me Deschamps that PCO and the entire security and intelligence community recognize the importance of independent external review.
“I am aware that, from a community perspective, the department’s relationship with OSSNR has been particularly strained over the past year,” reads the proposed talking points.
“I can assure you that these relationship difficulties are not, and in my view should never be, a disregard for the importance of OSSNR’s review function. We cannot have a culture of resistance or reluctance to meet exam requirements. »
The memos also cite PCO’s desire for all parties to commit to a “higher level of engagement at the senior management level” to address strategic issues and move the relationship forward.
“This includes consolidating communications between OSSNRS and PCO, which has a team dedicated to coordinating across departments on horizontal and strategic issues that arise during reviews. »
The notes say the intelligence community has made progress in ensuring the review body has access to departmental information holdings. In some cases, this has included the creation of stand-alone IT cells in which review agency analysts can work, or the possibility of on-site validation exercises with staff from both organizations present.
“Departments now publish responses to all OSSNRS recommendations, and PCO monitors and reports on the status of implementation of recommendations. »
Asked about the ratings, the intelligence review agency said it continues to engage with members of the security community “to ensure appropriate responsiveness and access to relevant documents necessary for our work”.
Details on progress and remaining concerns will be discussed in the review agency’s next annual report.
A BCP spokesman, Pierre-Alain Bujold, said the central agency welcomes the review of security activities “and understands that accountability and transparency in the execution of these activities builds public trust.” “.
He pointed out that the latest federal budget allocates $53 million to departments and agencies with security and intelligence mandates, saying this will help them meet their obligations to comply with legislative review requirements in a timely manner and implement the recommendations.
“All Canadians will ultimately benefit from increased accountability and transparency in national security and intelligence activities,” said Mr. Bujold.