The Canadian Security Intelligence Service (CSIS) was for the second time criticized by a senior judge for not being truthful when applying for wiretaps.

The Canadian Security Intelligence Service (CSIS) was for the second time criticized by a senior judge for not being truthful when applying for wiretaps.
Photo Credit: Sean Kilpatrick/Canadian Press/file May 14, 2013

Judge slams spy agency for keeping data illegally

Federal Court Justice Simon Noel sharply criticized the domestic spy agency, CSIS, for illegally keeping electronic data on people even though they posed no security threat. Noel said the intelligence service was not truthful with judges who were called on to authorize warrants for its data-collection program.

Not the first time

This is the second time in three years that a judge of the Federal Court has ruled that CSIS did not meet its “duty of candour” in applying for wiretaps. So far, no sanctions have been applied. In a similar ruling in 2013, Justice Richard Mosley wondered whether it would take a contempt of court proceeding to ensure that such decisions are taken seriously.

In this most recent case, the data were kept for ten years. Although they did not include messages, they did involve information linked to communication, such as telephone numbers or email addresses. Such information can be kept or used only if it is needed to investigate a specific threat to security. This data is said to have involved friends or family of people who were targets of investigation, but who were not considered suspicious themselves.

CSIS director Michel Coulombe said data would not be accessed or analysed while the court decision is reviewed.
CSIS director Michel Coulombe said data would not be accessed or analysed while the court decision is reviewed. © Adrian Wyld/Canadian Press/file

No sign data will be destroyed

At a news conference, the director of CSIS, Michel Coulombe said the agency had stopped accessing and analysing the data, but did not say they would be destroyed.

Public Security Minister Ralph Goodale said the court’s ruling would not be appealed. He said he would discuss it with the security agency’s management and that Canadians need to have confidence that all departments and agencies of the government are safeguarding rights and freedoms.

This demonstration in Toronto on September 12, 2015 was one of several protesting the controversial powers accorded security forces by the C-51 anti-terrorism law.
This demonstration in Toronto on September 12, 2015 was one of several protesting the controversial powers accorded security forces by the C-51 anti-terrorism law. © Trevor Dunn/CBC News/file

 Other worry about data collection

As part of his ruling, Justice Simon Noel also noted that a new security law means the spy agency does not need warrants to collect information about Canadians from other government departments, such as the taxation office. There has been severe criticism of law C-51 and the wide-ranging powers it confers on security agents in order to fight terrorism.

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