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National Security Review Flags Oversight Gaps in Canadian Security and Intelligence Service (CSIS)’s Use of Illegal Powers

By Drooid · · How we work

Background and Legal Framework

Canada’s Security and Intelligence Service (CSIS) operates under the CSIS Act, which permits designated employees to commit certain offences when gathering intelligence on national-security threats. The authority excludes actions such as causing bodily harm, obstructing justice, violating sexual integrity or torture, and requires senior-official authorization and written justification for each offence. The Liberal government’s 2017 national-security reforms introduced these “special powers” and set limits on their use.

Findings of the NSIRA Report

The National Security and Intelligence Review Agency (NSIRA) examined CSIS operations from 2022 and 2023. It confirmed that the agency stayed within the categories of offences allowed by law, but identified systemic documentation failures. In 2022-23 the agency authorized 173 special-power actions; the count rose to 178 in the 2023-24 period. NSIRA noted that in many cases CSIS did not record the nature of the threat, the anticipated negative effects of the illegal act, or alternative courses of action. The review also found instances where employees may have acted without the required designation or senior-official authorization, and where internal reporting to NSIRA was omitted. The agency recommends stronger internal guidance, improved quality-assurance processes, and clearer justification frameworks to ensure compliance with the CSIS Act.

Official Statements & Responses

CSIS welcomed the NSIRA review but signaled disagreement with some findings. NSIRA reiterated that CSIS has a duty to ensure all operations respect the rule of law, especially when they involve activities that would otherwise be illegal.

Criticism & Opposition

Tim McSorley, national coordinator of the Ottawa-based International Civil Liberties Monitoring Group, called the findings “deeply disturbing,” arguing that CSIS repeatedly pushes legal boundaries and undermines public confidence in its sensitive powers.

Verbatim Quotes

  • “Once again, we see a case where CSIS pushes the boundaries of the law and fails to abide by the rules and regulations meant to instill confidence that they can be trusted with such sensitive powers in the first place,” — Tim McSorley