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Public Safety committee  It's difficult for me to answer that. How can we trust the decision‑maker who has to decide whether or not there could be some openness? I can only use my example. You'll see that it will address your concerns in part. When ministers and directors make requests, they often rally around one or more cabinet decisions.

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  You're right to point that out.

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  I'm not too sure that I can help you on this, because I was never within the agencies' organizations. The closest I came to that was when I was counsel for the predecessor of NSIRA in complaints. I saw a good number of complaints from communities then, because when identifying a community, they would knock on doors....

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  The dataset regime has been here since 2019. It has been operational. What they're doing now is a fine tuning of the legislation. I'll give you an example. An authorization is good for a year. They have asked for two years. Fine. My prediction is that in between, there will be amendments.

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  With the bill, I will be involved. I will be reviewing whatever they intend to do with the transfer of information. Will that be helpful? I don't know. Until we see the reality in the field and how it's actualized, it's hard to predict. Is it good that they can transfer information?

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  I deal with datasets that are not threat-related. Anything they would like to have in relation to Canadian or foreign datasets will come, one way or another, to the commissioner's office. That's my part. CSIS collects datasets under its jurisdiction in section 12, section 12.1, section 15—which they want now—and section 16 as long as they relate to the threats they are investigating.

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  I've been in the business since 1979. For what it's worth, I've personally I've gotten into the habit of putting up a wall so that I can talk to people. It works. A lot of people are curious and ask me what I do. I've been a judge, and I treat every mandate I've had in the same way.

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  That was our test, and it still is. We have ongoing discussions. We try to avoid summaries. We really want to have the exact wording of the decision. I think it's a constant struggle, and we need to do that. Having said that, I'm sworn to secrecy. I'm of the school that says that secrecy must be protected.

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  No, I don't have jurisdiction over their work on a daily basis. I'm there for the principles that are being applied to the work they have to do.

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  I was a lawyer and an independent judge in the past. Now my work is quasi‑judicial, and the Intelligence Commissioner Act specifically states that. As such, I consider myself independent. I'll explain what I did, Mr. Villemure. The Intelligence Commissioner Act provides that I can receive briefings.

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  It all depends on the person in the position. I'll be honest with you, I haven't read the exact wording you're referring to. However, I can tell you that, as far as I'm concerned, I don't report to anyone except myself. The Privy Council is the umbrella organization, but I can tell you that I wouldn't do that.

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  I feel like someone in my position would act in the same way. I'm looking at how the Privacy Commissioner, Mr. Dufresne, is acting. He's independent. If the parameters indicate that a position will be independent or a little more independent, I'm not sure…. It's the reality on the ground.

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  CSIS has jurisdiction to collect datasets. As a result of that, the IC intervenes when the minister or the director authorizes that. I want to give you an overview of the jurisdiction. Human sources acting across Canada on behalf of CSIS can do certain activities and not others.

June 6th, 2024Committee meeting

Simon Noël

June 6th, 2024Committee meeting

Simon Noël

Public Safety committee  Yes, it is.

June 6th, 2024Committee meeting

Simon Noël