Intel Review Committee Seeks More Government Engagement: Annual Report

David McGuinty, chair of the National Security and Intelligence Committee of Parliamentarians, holds a new conference to release the committee's annual report, in Ottawa on March 12, 2020. The Canadian Press/Fred Chartrand

The committee of parliamentarians in charge of reviewing intelligence matters in Canada is deploring the government’s lack of response to many of its recommendations to improve processes and policies.

The National Security and Intelligence Committee of Parliamentarians (NSICOP) tabled its annual report on July 19, which discusses the different challenges the committee faces.

“Committee believes that the government’s decision to formally respond to the Committee’s recommendations is essential to strengthening the policies, operations and accountability of the security and intelligence community,” wrote Liberal MP and committee chair David McGuinty in a foreword.

NSICOP had indicated it would be seeking a status update on its recommendations in its previous annual report, but says that by year-end 2022, the government had yet to respond to 22 of them in relation to seven previous reviews.

The committee tackles a broad range of issues pertaining to intelligence matters and their management by departments and agencies, from foreign interference to diversity in the workplace.

NSICOP was created by the Liberal government in 2017, and unlike other committees of parliamentarians, it doesn’t report to the House of Commons or the Senate but to the prime minister. Members of all parties and both houses are represented.

In the context of national security leaks on the Chinese regime’s interference in Canada, the government said NSICOP and other mechanisms would be tasked with reviewing the matter instead of holding a public inquiry.

But NSICOP’s work has not captured much of the government’s attention to date. The government provided its first response to recommendations from the committee in 2021.

The annual report also notes receiving a response in 2022 following its critical assessment of intelligence and security management at Global Affairs Canada (GAC).

NSICOP said it was concerned by “the near total absence of governance and formalized reporting to the minister” with regards to GAC’s facilitation role for intelligence collection by other agencies. GAC agreed with the committee’s four recommendations and mentioned steps taken to address the issues.

The department said developing the mechanisms “strengthened governance and accountability in regard to the Department’s security and intelligence activities and for those that it supports or contributes to at partner organizations.”

Some of the recommendations that have yet to be addressed include those in NSICOP’s review of Prime Minister Justin Trudeau’s trip to India in 2018. A man convicted of the attempted murder of an Indian politician in B.C. had been invited to events with Mr. Trudeau during his trip.

The report says there’s also been no update about implementing the recommendations the committee made in its review of foreign interference. NSICOP said the government should develop a comprehensive strategy to counter the threat.

Following the multiple national security leaks published in the press and calls for a public inquiry, the Liberal government announced in March the creation of a coordinating office inside the Public Safety department.

The Privy Council Office also released the report “Countering an Evolving Threat,” which goes over actions taken by the government to tackle foreign interference, including steps taken following NSICOP recommendations.

Access to Documents

NSICOP’s annual report also notes another challenge for conducting its work, and it involves getting proper access to documents it is entitled by law to obtain.

It says some departments cite reasons outside statutory exceptions to deny the production of documents or they selectively refuse to provide relevant information.

The committee says in some cases it came across the requested information later or through other sources such as media reports or releases under the Access to Information Act.

“This is an important problem, because the Committee is unaware of what information is being withheld, which could undermine its ability to fulfil its mandate.”

Departments are also applying an “overly broad” interpretation of cabinet confidence, NSICOP says, denying access to material such as briefings provided to ministers by departmental staff.

The committee proposes amending the NSICOP Act to improve its access to information. It also says reforms should enhance the committee’s independence and efficiency, but without detailing what those could entail.