The story behind the Air India issue wasn't about inadequate law but about operational practices.
As for the resistance to information sharing, first of all, the RCMP and CSIS are not really affected by the new act in terms of information sharing. Existing provisions that have existed for 30 years, as you indicated, allow for sharing information between those bodies. Frankly, this act does nothing to enhance or moderate or do anything for the information sharing between the RCMP and CSIS.
The question that is raised by your comments is why CSIS would resist sharing information with the RCMP, which has been a recurring issue as recently as the Toronto 18. That has to do with what is known as “intelligence to evidence”. CSIS is concerned that if it shares information with the RCMP, that sensitive information will be disclosable in court because of the scope of our Criminal Code and charter disclosure rules. It has nothing to do with this law. It has to do with the way we've structured this intelligence-to-evidence conundrum.
That is the reason the Air India commission recommended that there be a proviso putting in place a system for CSIS to disclose to a third party—they proposed a national security adviser—who would decide whether that information should be prioritized for intelligence purposes or for evidentiary purposes in a criminal trial. CSIS would not be making the decision at the end of the day. Someone outside CSIS would ensure that if there was a need for use in a criminal trial, it would be available.
This is Kent's area more than mine, so perhaps I'll leave him some room to talk too.