Evidence of meeting #41 for National Defence in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was review.
A recording is available from Parliament.
4:35 p.m.
NDP
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
But you have in those no authority to order any actions by the minister.
4:35 p.m.
Commissioner, Office of the Communications Security Establishment Commissioner
No. I make recommendations.
4:35 p.m.
Commissioner, Office of the Communications Security Establishment Commissioner
Just to reassure you, all recommendations that were made for the last 10 or 15 years with regard to privacy have been accepted. With regard to the other recommendations, I think 94% of all the recommendations that I and my predecessors have made have been accepted.
4:35 p.m.
NDP
4:35 p.m.
Commissioner, Office of the Communications Security Establishment Commissioner
I mean all the recommendations in general. Normally the recommendations would be indicated in the annual report. There is a summary indicated in the annual report. As I said, 93% or 94% of all the recommendations over the last 15 years have been accepted by the minister and by the agency. I think that's a good record.
4:35 p.m.
NDP
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
One of the things the legislation allows for is the minister to authorize CSE, under certain conditions, to intercept Canadians' communications.
4:35 p.m.
Commissioner, Office of the Communications Security Establishment Commissioner
Yes.
4:35 p.m.
NDP
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
There are certain exceptions. Do you review all of those authorizations?
4:35 p.m.
Commissioner, Office of the Communications Security Establishment Commissioner
Yes, I do.
4:35 p.m.
NDP
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
Are those reported in your annual report or only in the confidential reports to the minister?
4:35 p.m.
Commissioner, Office of the Communications Security Establishment Commissioner
I think it's both. Yes. If you look at the last annual report, you'll see that I discuss that.
As I said, the classified reports are not public. They are sent to the minister, but there's also mention in the public report that I submit every year to Parliament.
4:40 p.m.
NDP
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
I think you can see the concern and what I'm driving at. If the minister can authorize CSE to do things it doesn't normally do, we have to make sure that someone independent is examining each of those and reporting back on the success.
4:40 p.m.
Commissioner, Office of the Communications Security Establishment Commissioner
We do. As I said in my opening remarks, that's the reason we exist.
4:40 p.m.
Commissioner, Office of the Communications Security Establishment Commissioner
This is one of the reasons we exist.
4:40 p.m.
Executive Director, Office of the Communications Security Establishment Commissioner
I have a point of clarification, sir. For the classified reports that the commissioner signs that go to the minister, the annual report is made up of an unclassified version of those classified reports. Recommendations that will be included in a classified report to the minister, who is responsible for CSE and who can tell CSE to implement them, if there is some disagreement.... The unclassified version and, generally, those recommendations will also be in the annual report.
4:40 p.m.
NDP
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
Another very specific concern that's been raised has to do with the Five Eyes, and this was raised a bit earlier. There are sometimes allegations that the Five Eyes, which are not authorized to spy on their own citizens, can and have in the past asked other agencies of the other countries to do that for them and then shared the information. Do you have any ability to review that practice? Would you know about that practice?
4:40 p.m.
Commissioner, Office of the Communications Security Establishment Commissioner
As I say, the Five Eyes are not supposed to spy on each other's citizens. They have arrangements. MOUs do exist in that regard between those countries. If this were to happen and I were aware of it, I would investigate it. But as I said—
March 21st, 2017 / 4:40 p.m.
NDP
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
But there is no process and I know these parallel the ministerial authorizations. There is no process for authorizing exceptions to those that you would be aware of.
4:40 p.m.
Commissioner, Office of the Communications Security Establishment Commissioner
No.
Again, we have to bear in mind, also, that each of those countries are sovereign countries. At some point in time they might decide to do otherwise.
4:40 p.m.
Commissioner, Office of the Communications Security Establishment Commissioner
Yes. That's a fact of life.
4:40 p.m.
NDP
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
In the memorandums of understanding, you could have arrangements such that when and if that does happen, there would be notification. Then you'd be able to review those cases, but there is no process for that at this time.
4:40 p.m.
Executive Director, Office of the Communications Security Establishment Commissioner
If I could, Chair, the reviews that we conduct.... The questions that you're asking would be well directed to CSE to provide—