“Former CSIS head Raymond Protti (brother of Ex AER Chair, Ex Encana and Cenovus VP Gerry Protti) was named as new president of the CBA [Canadian Banker’s Association].”
Industry’s and misogyny’s loyal Royal Canadian Mounted Police (Terrorists?): “Screw the Rule of Law”
2017: Welcome to Canadian “justice” in Hell: CSIS officials and Federal Justice Dept lawyers being taught to tell the truth and share information with courts! Looks like CSIS learned nothing in Truth and Share School.
2014: Canada’s spy agency admits it spies on Canadians ‘incidentally’
2013: “Sickened” by Harper government spying
2013: We’re Being Watched, How corporations and law enforcement are spying on environmentalists
2013: Petro-state politics prompts CSIS to spy on citizens at alarming rate, FOIs reveal
2013: Canada’s former spy watchdog is now a wanted man in Quebec
2012: Lawyer’s suspicions spy agency listened to client calls proven right
2012: Counter-terrorism unit to protect Alberta energy industry
2007: Landowner Lawyers furious that Private Investigators intruded on solicitor client discussions
Judge calls for review after CSIS fails to flag info likely obtained illegally, Federal Court finds intelligence agency displayed ‘cavalier institutional approach’ to the rule of law by Jim Bronskill, The Canadian Press, Jul 16, 2020, CBC News
A federal judge has called for a comprehensive review after ruling Canada’s spy service failed to disclose its reliance on information that was likely collected illegally in support of warrants to probe extremism.
In his ruling released Thursday, Federal Court Justice Patrick Gleeson found the Canadian Security Intelligence Service breached its duty of candour to the court, part of a troubling pattern dating back years.
“Having approved operations that were on their face illegal, the service then collected information which in turn was put before this court in support of warrant applications, without notifying the court of the likely illegality,” Gleeson’s ruling said.
“The circumstances raise fundamental questions relating to respect for the rule of law, the oversight of security intelligence activities and the actions of individual decision-makers.”
Rule of Law Reality Check:
Ms. Matthews is a Canadian law prof
End Rule of Law Reality Check
Gleeson said a federal review must look at interactions between CSIS and the federal Justice Department to fully identify systemic, governance and cultural shortcomings and failures.
Anything less will fall short of ensuring that confidence and trust in the spy service as a key national institution are restored and enhanced, he said. Pfffft. Nice dream but Israel, our devil-run politicians and judicial industry, and oil and gas industy rich will never let that happen.
Federal ministers responsible for security and justice No such thing in Canada. swiftly announced they had asked the national intelligence watchdog to look into the judge’s findings. Roaring laughter!! Take a good look at Canada’s “intelligence watchdog!” I knew as soon as I read about it being created last year, it would be used for CSIS/RCMP/CSEC etc to escape accountability for pissing on the rule of law, again and again, by dishing up a 3 or 4 year “review” leading to a nice “justice” smearing bowl of limp noodles.
CSIS director David Vigneault told a news conference that he takes the findings “very seriously” and that the service must do everything it can to ensure it has the court’s confidence. Bullshit! If he were telling the truth, CSIS wouldn’t have broken the law – again. The purpose of CSIS is to beak the law and spy on us illegally to benefit corrupt politicians, lying judges and other dirty authorities, the rich, law-violating corporations and Israel.
Paid informant
The ruling flows from the spy service’s efforts to investigate foreign fighters — Canadian citizens who might return to Canada after travelling abroad to take part in extremism. In one case, CSIS paid someone known to be facilitating or carrying out terrorism an amount totalling less than $25,000 over a few years, the judge said.
At times, CSIS needs to pay such sources or provide them with logistical support such as a cellphone, said Vigneault, characterizing these as activities as “routine, bread-and-butter practices” of intelligence agencies.
Watch | CSIS director defends how the service used informants during press conference Thursday CSIS relies on immunity to get away with breaking the law – just like AER, nicely enabled by Canada’s courts!
CSIS director defends how the service used informants
For several years, CSIS relied on the legal doctrine of Crown immunity as a defence against criminal liability while engaging in these activities, he noted.
Gleeson said reliance was placed on the doctrine despite CSIS’s having been advised by senior counsel that it was “not consistent” with the law governing the spy service. Nothing new.
CSIS continued to rely on Crown immunity in the face of “unambiguous direction” from the government that the service “must observe the rule of law in discharging its responsibilities,” the judge added.
“And this was done with the apparent acquiescence of the Department of Justice,” Gleeson said.
“While the evidence discloses that the operational activity in issue was reported, in some instances belatedly, to the minister, the reporting was couched in the language of ‘high legal risk’ — not illegality.”
Respect for rule of law ‘fundamental’
The ruling comes four years after the Federal Court found CSIS illegally held onto potentially revealing electronic data about people who posed no security threat and breached its duty to inform the court of the data-collection program.
In the latest ruling, Gleeson said he appreciates the challenges of safeguarding Canada’s national security.
“Despite these challenges, this court and the Canadian public must have confidence that respect for the rule of law is and remains a foundational principle underpinning all national security intelligence decision-making,” he wrote.
“The circumstances disclosed here suggest a degree of institutional disregard for — or, at the very least, a cavalier institutional approach to — the duty of candour and regrettably the rule of law.”
In a joint statement, Public Safety Minister Bill Blair and Justice Minister David Lametti said they are determined to uphold the practice of protecting Canadians “in a manner that is compliant with the law.” All useless words, No Action.
Former justice appointed adviser
The ministers have written the chairman of the National Security and Intelligence Review Agency to request that it look into the findings and provide recommendations on how to address the concerns raised by the court’s decision.
They have also asked the agency to make regular progress limp noodle reports to the National Security and Intelligence Committee of Parliamentarians.
In addition, the government has hired an external adviser, former Supreme Court justice Ian Binnie, to help with the implementation of the review agency’s recommendations within Justice Canada. Another nice judicial industy retirement bonus – making money on powerful authorities repeatedly breaking the law, while in a vicious circle, never getting them anywhere near respecting the rule of law.
Blair told the news conference that Vigneault had assured him CSIS is putting in place “concrete measures” to address the issues raised by the court.
The government said while it is fully committed to addressing the court’s recommendations, it will also appeal the ruling “on narrow but important legal grounds” concerning solicitor-client privilege and the government’s ability to provide and obtain legal advice in the future.
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A few of the comments to the article:
Brian Hughes
“In addition, the government has hired an external adviser, former Supreme Court justice Ian Binnie, to help with the implementation of the review agency’s recommendations within Justice Canada.”
This is the same Ian Binnie who was hired by Stephen Harper’s government to support the ill-fated nomination of Marc Nadon to the Supreme Court. Binnie claimed that “there was no obstacle to Nadon’s appointment” (Walrus https://thewalrus.ca/court-dismissed/). How wrong he was.
Is Ian Binnie the governing party’s “go-to” guy for providing legal opinions that it is looking for?
Bob Wilson
It’s a moral conundrum, do the ends justify the morally dubious means. I figure that’s just how it is when it comes to spying.
philip le good
Reply to @Bob Wilson: Actually there are well researched studies showing how ineffective data mining and other high tech spying methods are. There are more established security agencies that rely on the rule of law and are far more effective than what CSIS has been conducting. If it’s OK for CSIS to delve into law abiding citizens data and lie about it then how about giving me all your passwords and let me sift through personal information? Privacy and the rule of law matters. When those two aspects of society are ignored deliberately we sink into authoritarianism. We have enough examples of this happening historically.
Ron Malone
Reply to @Bob Wilson: Unless you or your family are on the wrong end of a CSIS illegal action. Ask some people from marginalized groups what they think.
Pete Needham
Reply to @Brent Forder: Eager for regime change in Venezuela? Spying on environmentalists and socialists?
I don’t trust them at all.
Brent Forder
Reply to @john worley: Ridiculous! CSIS has every opportunity to lobby for changes to the laws if they need them. They are actually quite useful in their lawful duties. When they need urgent exceptions to the laws, they can raise those issues up with the court. There is a process for all of this… There is no excuse for them to break the law. Allowing an intelligence agency or AER or lying supreme court of canada judges to be above the law is allowing tyranny.
Steve A Wilson
Give them a CSIS and Desist Letter.
Sukhbir Powar
The culture of all secret police is their belief that they are above the law.
Neil Austen
Ever since Harper spent all those millions of taxpayers dollars to build a spy palace for CSIS, they believed they are above the law and can do what they want. https://www.cbc.ca/news/politics/inside-canada-s-top-secret-billion-dollar-spy-palace-1.1930322
“While the Harper government is preaching government austerity, it is spending almost $1.2 billion on a new Ottawa headquarters for a little-known military spy agency. It’s the most expensive Canadian government building ever constructed.”
I’m still waiting for someone to hold them accountable for illegally spying on reporters for Harper.
I have no faith in Canadian police to do their jobs competently and without corruption.
When your police departments are committing the worst crimes they are supposed to be preventing and when caught are given a paid vacation (paid suspension ) and then just a slap on the wrist when the media moves on, you know something is seriously wrong. When the police know there are no consequences for them they will work under an AIRE OF IMMUNITY and no reform will ever occur.
“Defund the Police” Look it up. Be informed. It is time. Turn our hard earned tax money towards alternatives that support the community instead of the police that endangers it.
Jennie Adkins
… That missing $3 billion, the Auditor General NEVER did track down . . . . .
Norm Owen
Obtaining evidence illegally should be an offece, since its illegal good grief I cant believe I have to say that.
