Remarks to the Standing Committee on Public Safety and National Security
The Honourable Simon Noël, K.C., Intelligence Commissioner
June 6, 2024
Check against delivery
Thank you Mr. Chair, and Members of the Committee. Thank you for inviting me to discuss Bill C-70 with you. With me today is Me Justin Dubois, Executive Director and General Counsel of my office.
The role of Intelligence Commissioner was created in 2019. I have been in this role since October 2022. In a nutshell, my mandate is to approve – or not – certain national security and intelligence activities planned by the Communications Security Establishment (CSE) and the Canadian Security Intelligence Service (CSIS or Service).
More specifically, CSIS and CSE may sometimes engage in activities that could involve breaking the laws of Canada, or interfering with the privacy interests of Canadians. These activities are authorized by the minister. The Intelligence Commissioner, who I will refer to as the IC, reviews the Minister’s reasons to determine whether they meet the test of “reasonableness” as recognized by Canadian courts. If reasonable, the IC approves the authorization, and the agency can proceed with the planned activities. My written decisions are binding and redacted versions are published on our website.
A number of ministerial authorizations that are subject to the IC’s review relate to the use of datasets. The IC’s main role relating to the dataset regime ensures that CSIS exercises its authority to collect non-threat-related information about Canadians and persons in Canada in a balanced manner, and that the Minister has given proper consideration to privacy interests. Independent oversight is crucial.
Bill C-70 proposes certain amendments to this dataset regime. Most of the changes are intended to facilitate the use of the dataset regime for CSIS. Indeed, overall, I am of the view that the proposed amendments would not change the nature of my role of conducting independent oversight.
That said, I would like to highlight a few proposed amendments that would nonetheless have an impact on the work of the Intelligence Commissioner:
First, the Bill would authorize the Service to collect and retain datasets for the purposes of section 15 of the CSIS Act. This section allows the Service to conduct investigations for the purpose of providing security assessments to the Government of Canada. This broadens the scope of datasets the Service can collect on Canadians. This addition may raise new concerns that I will have to consider in my quasi-judicial review.
Second, the Bill allows the Service to disclose the foreign dataset which has been authorized for retention. The conditions for disclosure of the dataset would need to be set out in the authorization. It is conceivable that this element would be considered by the Intelligence Commissioner when reviewing the reasonableness of ministerial conclusions.
Thirdly, there are changes to the validity period for ministerial authorizations.
I highlight these changes because I think they are the most consequential and to help explain how the dataset regime is operationalized.
The IC’s oversight role is limited to datasets falling within section 11 – that is the collection of personal information that is not directly and immediately related to a threat to the security of Canada. Bill C-70 makes it clear that CSIS will make use of the dataset regime only when the dataset cannot be collected or retained under another statutory authority.
I am here as Intelligence Commissioner, but I carry with me experience as a designated judge of the Federal Court as well as counsel involved in national security matters and commissions since 1979. I look forward to answering any questions to the extent that my perspective and experience can be useful to the committee. Thank you.
Standing Committee on Public Safety and National Security: link to recording of Intelligence Commissioner's answers to questions from members of the Committee begins at 10:43:00.
Page details
- Date modified: