Information on the mandates of CSIS and the RCMP Security Service prior to the formation of CSIS [CAN26670.E]

According to a representative of the Canadian Security Intelligence Service "the Service has a mandate to investigate, analyze and report to government on information and intelligence respecting activities that constitute threats to the security of Canada." The representative added that

The Service, which has offices in most major cities across the country, functions as a defensive security intelligence organization. CSIS does not, by law, have an offensive capability; it does not perform activities abroad with respect to the collection of foreign intelligence. (9 Apr. 1997)

Section 12 of the CSIS Act of July 16, 1984 reads:

The Service shall collect, by investigation or otherwise, to the extent that it is strictly necessary, and analyse and retain information and intelligence respecting activities that may on reasonable grounds be suspected of constituting threats to the security of Canada and, in relation thereto, shall report to and advise the Government of Canada. 1984. c. 21, s. 12.

The threats are specifically defined in Section 2 of the CSIS Act. "Threats to the security of Canada" are defined in the CSIS Act as:

(a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage,

(b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person,

(c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political objective within Canada or a foreign state, and

(d) activities directed toward undermining by covert or unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada,

but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d). 1984, c. 21, s. 2. (Canada. Canadian Security Intelligence Service Act, 1984, s. 2.)

For more details, please see the attached documents from the Canadian Security Intelligence Service Act and from the CSIS brochure The Canadian Security Intelligence Service in a Changing World (Canadian Security Intelligence Service Nov. 1996).

Regarding the mandate of the RCMP Security Service, the Commission of Inquiry Concerning Certain Activities of the Royal Canadian Mounted Police (the McDonald Commission), in Volume 1 of its Second Report, Freedom and Security under the Law, reproduced the following guidelines approved by the Cabinet on March 27, 1975:

The Role, Tasks, and Methods of the R.C.M.P. Security Service


The R.C.M.P. Security Service be authorized to maintain internal security by discerning, monitoring, investigating, deterring, preventing and countering individuals and groups in Canada when there are reasonable and probable grounds to believe that they may be engaged in or may be planning to engage in:

(i) espionage or sabotage;

(ii) foreign intelligence activities directed toward gathering intelligence information relating to Canada;

(iii) activities directed toward accomplishing governmental change within Canada or elsewhere by force or violence or any criminal means;

(iv) activities by a foreign power directed toward actual or potential attack or other hostile acts against Canada;

(v) activities of a foreign or domestic group directed toward the commission of terrorist acts in or against Canada; or

(vi) the use or the encouragement of force, violence or any criminal means, or the creation or exploitation of civil disorder, for the purpose of accomplishing any of the activities referred to above;

(b) the R.C.M.P. Security Service be required to report on its activities on an annual basis to the Cabinet Committee on Security and Intelligence;

(c) the Solicitor General prepare for consideration by the Prime Minister a public statement concerning the role of the R.C.M.P. Security Service. (Canada. Commission of Inquiry, Aug. 1981, Second Report, Vol. 1, p. 75.)

For more details, please see the attached document from the Commission of Inquiry

.

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References


Communications Branch, CSIS, Ottawa. Letter sent to the DIRB.

Canada. Canadian Security Intelligence Service Act. R.S., 1985, c. C-23.

Canada. Commission of Inquiry Concerning Certain Activities of the Royal Canadian Mounted Police. August 1981. Second Report ( Vol. 1: "Freedom and Security under the Law."

Canadian Security Intelligence Service (CSIS). Nov. 1996. The Canadian Security Intelligence Service in a Changing World/Le Service canadien du renseignement de sécurité dans un monde en évolution. (brochure).

Attachments


Canada. Canadian Security Intelligence Service Act. R.S., 1985, c. C-23, pp. 1-10.

Canada. Commission of Inquiry Concerning Certain Activities of the Royal Canadian Mounted Police. August 1981. Second Report ( Vol. 1: "Freedom and Security under the Law," pp. 73-79.

Canadian Security Intelligence Service (CSIS). Nov. 1996. The Canadian Security Intelligence Service in a Changing World/Le Service canadien du renseignement de sécurité dans un monde en évolution. (brochure), pp. 4-6.