Monday, October 3, 2022

Canada’s espionage service was once again warned by the court not to be frank

Ottawa-A federal judge attributed the latest case of the Canadian espionage service to “institutional and systemic negligence” and failed to apply for judicial authorization to investigate fully and honestly.

Federal Court Judge Henry Brown (Henry Brown) stated in a decision published in editorial form on Tuesday that the Canadian Security Intelligence Agency violated its obligation to be honest with the court in certain arrest warrant applications in October 2018.

The espionage department has applied for multiple arrest warrants to intercept communications from “a group of people” deemed to pose a threat to Canadian security, the details of which have been deleted from the public version of the ruling.

Brown discovered that CSIS’s failure to disclose the human resources information on which the authorization was based may have come from potentially illegal activities.

He also accused the espionage service of not disclosing information that could adversely affect the reliability and credibility of human resources.

Even so, the judge concluded that the newly obtained information does not justify setting aside the arrest warrant.

Brown wrote: “The two violations were caused by the system and systemic negligence.” “Nevertheless, I could not find any intention to mislead or deceive the court. The court did not find the lawyer or service team witness who appeared in court to be personally liable. “

This decision is the latest decision by the court in recent years to warn CSIS not to disclose important information when applying for warrants.

A similar Federal Court ruling issued in July 2020 stated that CSIS failed to disclose its reliance on potentially illegally collected information to support the investigation of extremist arrest warrants.

“This situation raises fundamental questions related to respect for the rule of law, oversight of security intelligence activities, and the behavior of individual decision makers,” Judge Patrick Gleason wrote.

Gleason called for an in-depth study of the interaction between CSIS and the Federal Department of Justice to fully identify system, governance, and cultural flaws and failures.

The National Security and Intelligence Review Agency, CSIS’s main regulatory agency, is reviewing these issues.

Another review completed by former Deputy Attorney General Morris Rosenberg called for improvements, including better training and clarification of roles, but emphasized that they will not unless the “cultural issues surrounding arrest warrants” are resolved. success.

Rosenberg’s review prompted CSIS to launch an effort last year to improve the service’s ability to meet its candid obligations to the court, and finally finalized a plan in January.

Service spokesperson Kayla Lawson said on Tuesday that the project team has been considering the recommendations of the Rosenberg report, building on the efforts already made and using lessons learned from other ongoing initiatives by CSIS.

“Since the project was launched, extensive contacts and consultations have been conducted with employees to solicit opinions on the Rosenberg report and solutions to issues determined by the Federal Court.”

In his ruling, Brown ordered CSIS to notify the court of developments, including follow-up actions related to external reviews.


This News Originally From – The Epoch Times

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