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Afghanistan committee  Thank you, Mr. Rae. Mr. Chair, first of all, I don't want to get into a debate. I'm not an expert on the review, and having Mr. Rae here, I don't want to get into an argument on it. But he's right. SIRC investigates complaints, but if I am not mistaken, pursuant to section 54, SIRC can also decide to investigate any matter and submit a report to the government, on its own initiative or at the minister's request.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  A very difficult question, Mr. Chair. Again, everything we do is.... We still work from the ministerial directives as our premise. One of the directives stipulates that we cannot rely on information obtained through torture. I have to tell you that I am very reluctant to answer any hypothetical questions because there are any number of possible scenarios.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  Mr. Chair, that does not necessarily mean that every piece of information that comes to us from an agency and that raises questions about human rights was obtained through torture. There are other techniques. The information could have been obtained from communications intercepts, physical surveillance or the agency's files.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  Yes, Mr. Chair.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  No, dismantling or any enforcement action wouldn't be done by CSIS. We would pass the information to the Canadian Forces. It could be to the local authorities to do what they have to do to act upon the information. Our role is only to collect that information.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  I just said it was possible, but I cannot say if we did. I would have to check, but it is a possibility.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  Yes, Mr. Chairman. For the service, the partner is the NDS, the security intelligence component of the NDS.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  It is a fair assessment, but it does have a direct impact on CSIS or our ability to fulfill our mandate. If by answering a question we lose the confidence we need from a partner and that partner stops sharing information that would be relevant to our national security, there is a direct impact on us--on CSIS, but also on Canadians in general.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  Mr. Chairman, there is a direct impact, in the sense that, again, if it impedes our ability to fulfill our mandate, it could increase the risk for people living in Canada or Canadians living abroad.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  Mr. Chair, I am not exactly sure who at the NDS would be able to further question individuals.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  No, Mr. Chair, the service does not have any role in advising the NDS on how to fulfill its mandate, with respect to detention, for example. Why would the service receive copies of those documents? The service is part of the whole-of-government mission. The service needs to be kept aware of what other departments are doing and of the overall situation in Afghanistan.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  As I said earlier, Mr. Chair, the service has clear ministerial directives on the use of information that might have been obtained through torture. Furthermore, the service has internal policies on how to handle information that might have been obtained through the torture or ill-treatment of detainees, and we adhere to those policies.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  That's correct, Mr. Chairman.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  Mr. Chair, the service has the legal mandate to carry out its activities outside Canada. Under section 12 of the Canadian Security Intelligence Service Act, the service shall gather information on activities that may on reasonable grounds be suspected of constituting a threat. But there is no restriction on where that information can be collected, be it in Canada or abroad.

May 5th, 2010Committee meeting

Michel Coulombe

Afghanistan committee  Yes, I already mentioned SIRC, which has a mandate to examine how the service carries out its activities. There are a number of components to that. SIRC can investigate complaints and review any agreements with foreign services. In fact, the committee has access to whatever information it needs to do its job.

May 5th, 2010Committee meeting

Michel Coulombe