Canada’s intelligence service asked foreign agencies to spy on Canadians
Canada’s intelligence agency deliberately kept the country’s Federal Court “in the dark” to bypass the law in order to outsource its spying on Canadian citizens abroad to foreign security agencies, a federal judge said.
Federal Court Judge, Richard Mosley, has slammed the Canadian
Security Intelligence Service (CSIS) for knowingly misleading him
on numerous occasions.
Since 2009, Mosley has issued a large number of warrants to the
CSIS, authorizing interception of electronic communications of
unidentified Canadians abroad, who were investigated as threats
to domestic security.
The spy agency assured the judge that the surveillance was to be
carried out from inside Canada and controlled by and the
Communication Security Establishment of Canada (CSEC), the
country’s foreign signals intelligence service.
But, after the warrants were obtained, Canada’s foreign partners
from the Five Eyes intelligence-gathering alliance (US, UK,
Australia and New Zealand) were asked to perform the
interceptions.
Canada’s Federal Court wasn’t notified of the foreign involvement
and never approved it, Mosley wrote in a redacted version of a
classified court decision which was made public on Friday.
“It is clear that the exercise of the court’s warrant issuing
has been used as protective cover for activities that it has not
authorized,” the document stressed. “The failure to
disclose that information was the result of a deliberate decision
to keep the court in the dark about the scope and extent of the
foreign collection efforts that would flow from the court’s
issuance of a warrant.”
Under Canada’s current legislation, the Federal Court has no
authority to issue warrants that involve surveillance of
Canadians by foreign intelligence agencies, he added.
The actions of CSIS and CSEC put the Canadian citizens abroad at
risk as they “may be detained or otherwise harmed as a result
of the use of the intercepted communications by the foreign
agencies,” Mosley wrote.
“Given the unfortunate history of information sharing with
foreign agencies over the past decade and the reviews conducted
by several royal commissions, there can be no question that the
Canadian agencies are aware of those hazards,” the document
said. “It appears to me that they are using the warrants as
authorization to assume those risks.”
Mosley demanded explanations from the security agencies after an
annual report by CSEC commissioner, Robert Decary, this August.
The judge became suspicious after Decary suggested that CSIS
should provide the Federal Court with “certain additional
evidence about the nature and extent” of the help, it received
from his agency.
The results of the Federal Court’s inquiry into the matter were
made public on Friday.
By misleading him, the CSIS and CSEC have been in “breach of
the duty of candor,” which resulted in misstatements on the
public record about the scope of the authority granted to the
service,” Mosley wrote.
Mosley, who used to be a former assistant deputy minister in the
Justice Department, was intimately involved in the creation of
the 2001 Anti-terrorism Act, which the CSIS and CSEC violated.