The Canadian Security Intelligence Service (CSIS) may have failed to fully comply with legal requirements when employing special powers to gather intelligence, according to a recent review by the National Security and Intelligence Review Agency (NSIRA).

Under the CSIS Act, certain designated employees are permitted to commit specific offences during intelligence collection, intended to enable lawful operations without breaching legal boundaries. However, the Act strictly prohibits willful obstruction of justice, violations of Charter rights, and acts such as detention, torture, or killing. Furthermore, employees must be explicitly designated to carry out these actions, obtain authorization from a senior official before instructing others, and properly document the rationale to ensure the measures are reasonable and proportional.

The NSIRA examined CSIS’s use of these powers during 2022 and 2023. It found that while the agency adhered to limitations on the types of offences committed, there were instances where employees might have engaged in unauthorized offences due to lacking required designation. Additionally, directions to commit offences may have been issued without the mandated senior authorization. The report also pointed to deficiencies in the documentation, indicating that CSIS occasionally failed to provide adequate justification for actions taken under the special powers framework.

These findings raise questions about the oversight and internal controls governing CSIS’s use of its special powers, which are intended to balance operational effectiveness with respect for legal and constitutional boundaries. The review does not specify the extent of any impact these compliance lapses may have had on intelligence activities or legal proceedings.

CSIS has yet to publicly respond to the review’s conclusions. The NSIRA’s report underscores the ongoing importance of rigorous oversight to ensure intelligence operations conform to the rule of law while addressing national security challenges.