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Section II: Analysis of Program Activities by Strategic Outcome

Strategic Outcome

SIRC has only one strategic outcome: that CSIS performs its duties and functions in accordance with the law, policy and Ministerial direction.

SIRC is uniquely situated to provide context to the broader public debates about the nature and scope of the threat environment, and how these are addressed. Although SIRC does not promote any particular viewpoint or policy perspective, the reviews and complaint reports provide important snapshots of CSIS’s work offering a careful assessment as to whether the Service addresses these threats appropriately and effectively and in a manner that respects its powers and authorities. This outcome is important to Canadians, because it helps to protect their fundamental rights and freedoms. SIRC serves as a cornerstone in assuring the democratic accountability of one of the Government’s most powerful security organizations.

The following section describes SIRC’s program activities, including how they contributed to SIRC’s performance at the strategic outcome level.

The three program activities that will be discussed are:

• In-depth reviews of CSIS activities;
• Investigations of complaints; and,
• Internal Services.

Program Activity by Strategic Outcome

Reviews

The purpose of the Review Program is to conduct reviews of CSIS activities to ensure that CSIS performs its duties and functions appropriately and effectively, and in accordance with legislation, policy and Ministerial Direction. Through a comprehensive and multifaceted program of research, SIRC staff examine various aspects of CSIS’s operations and activities to prepare a retrospective analysis for the Committee’s approval.

SIRC’s Review Program is designed to address a broad range of CSIS’s duties and functions. This approach allows the Committee to manage the inherent risk of being able to review only a small percentage of CSIS activities in any single year. In selecting reviews, SIRC takes into consideration domestic and world events; issues, priorities and concerns identified by Canadians and Parliament; past reviews; matters of interest identified in complaints investigations; and existing and emerging CSIS activities. Over the course of several years, SIRC is able to examine a significant number of CSIS’s investigations and functions. The Committee must always be prepared to adjust the review program to address unforeseen events.

Program Activity: Reviews
2009–10 Financial Resources ($ denomination)			2009–10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
1,577	1,621	836	12.5	7	5.5

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Improvement of CSIS's performance based on the findings and recommendations that SIRC makes in its reviews.	Percentage of SIRC’s review recommendations accepted by CSIS	70% of SIRC’s review recommendations accepted by CSIS	Met all	CSIS has accepted a majority of SIRC’s recommendations
	Frequency that key elements of CSIS activities and operations are reviewed	Key elements of CSIS activities and operations are reviewed at least once every five years	Met all	SIRC visited two regional offices and a CSIS foreign station and examined multiple functional programs of the Service.
	Number of reviews completed as per SIRC's annual Research Plan	100% of reviews completed per SIRC’s annual Research Plan	Met all	SIRC completed 6 reviews which represented 100% of SIRC’s 2009-10 Research Plan

SIRC’s reviews assess CSIS’s performance and may include findings and non-binding recommendations. These reviews are submitted to the Director of CSIS, the Inspector General CSIS and, in special circumstances, to the Minister of Public Safety. A declassified summary of each review is included in SIRC’s Annual Report. The objective is to provide Parliament and Canadians with “snapshots” of past CSIS operations that, over time, provide a comprehensive picture of CSIS’s performance.

The Review Program has three sub-activities: the production of SIRC’s Annual Report and communications material, outreach and liaison.

SIRC’s Annual Report to Parliament is the main communications vehicle for informing Canadians about its work. To the best of its ability and within the legal constraints governing national security and privacy, every review undertaken and every complaint investigated, is summarized in SIRC’s Annual Report. In accordance with Section 53 of the CSIS Act, SIRC submits this report to the Minister of Public Safety for tabling in Parliament within 15 sitting days of the House. In addition to producing an Annual Report, SIRC also undertakes a modest communications program. Communications materials produced for the Committee, including speeches, news releases and backgrounders are posted on SIRC’s website.

Outreach refers to events external to government, such as presentations to seminars and conferences by Committee Members and staff.

Liaison refers to maintaining constructive relationships with bodies such as Parliamentary Committees. Over the years SIRC has appeared in front of the House Standing Committee on Public Safety and National Security and the Senate Standing Committee on National Security and Defence.

Performance Analysis

SIRC has developed several performance measurements for reviews. One measure is whether the research plan approved by the Committee at the beginning of the fiscal year is completed in its entirety. In fiscal year 2009-2010, SIRC undertook and completed six reviews which represent 100% of the research plan.

In addition, SIRC Committee Members and senior staff visited two CSIS regional offices, as planned in the 2009-2010 Report on Plans and Priorities. This provided the Committee with an opportunity to explore the day-to-day work of investigators in the field and to learn about the priorities and challenges of regional offices. Committee Members met with senior CSIS staff and received briefings on regional issues. The Committee also took the occasion to communicate its focus and concerns to CSIS. In addition, the Committee also reviewed one of CSIS’s foreign stations. The primary focus of SIRC’s review of these stations is to monitor the Service’s operations at station and its information-sharing in that context with foreign and domestic agencies.

Other performance measures include follow-up with CSIS to identify whether they have acted on the recommendations contained in previous SIRC reviews; the number and scope of reviews relative to SIRC’s available resources; how frequently different aspects of CSIS operations are reviewed; and feedback on the quality of reviews from those who receive them.

As noted above, the Review Program has three sub-activities: the production of SIRC’s Annual Report and communications material, outreach and liaison.

SIRC’s Annual Report to Parliament is the main communications vehicle for informing Canadians about its work. In accordance with s. 53 of the CSIS Act, the Report was submitted to the Minister of Public Safety.

Outreach refers to events external to government, such as presentations to seminars and conferences by Committee Members and staff. Examples would be the Executive Director’s lecture at Carleton University in November 2009 and the Committee and Executive Director’s attendance at the International Intelligence Review Agencies Conference in March 2010 in Sydney, Australia.

Liaison refers to maintaining constructive relationships with bodies such as Parliamentary Committees. No appearances were requested of the Committee during 2009-10.

Lessons Learned

SIRC’s review function continues to adapt to the rapidly changing environment in which security intelligence operates. SIRC continuously examines its review methods and sources to ensure that the Committee fully understands the diverse range of CSIS activities and operations.

Complaints

The purpose of the Complaints Program is to investigate complaints made against CSIS by individuals or groups. SIRC acts as an independent, quasi-judicial administrative tribunal and conducts investigations in relation to:

• complaints “with respect to any act or thing done by the Service” as described in the CSIS Act;
• complaints about denials of security clearances to federal government employees and contractors;
• referrals from the Canadian Human Rights Commission in cases where the complaint relates to the security of Canada; and
• Minister of Public Safety’s reports concerning the Citizenship Act.

Once a written complaint is received, SIRC conducts a preliminary review. Where a complaint does not meet certain statutory requirements, SIRC declines jurisdiction and the complaint is not investigated. If SIRC determines that it has jurisdiction, it is usually investigated through a quasi-judicial hearing presided over by one or more Committee Members, assisted by staff. In investigating complaints, SIRC has all of the powers of a superior court, and has access to all information in the possession of CSIS, except for Cabinet confidences.

Parties have the right to be represented by counsel and to make representations to the Committee. Pre-hearings may be conducted to establish and agree on procedures with the parties and/or their counsel. SIRC’s legal team provides legal advice on procedural and substantive matters, and will also cross-examine CSIS and other witnesses when, for national security reasons, evidence must be heard in the absence of a party.

At the completion of a hearing, the complainant is advised in writing of the Committee’s decisions, once any information with national security implications is removed. Depending on the type of complaint, SIRC also sends a report with findings and recommendations to the Minister of Public Safety, the Director of CSIS and – in cases involving the denial of a security clearance – the Deputy Minister of the federal department involved. Summaries of these reports, edited to protect national security and the privacy of the complainants, are also included in SIRC’s Annual Report to Parliament.

Program Activity: Complaints
2009–10 Financial Resources ($ denomination)				2009–10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending		Planned		Actual		Difference
569	644	577		6.5		5		1.5

Expected Results	Performance Indicators		Targets		Performance Status		Performance Summary
Parties before SIRC receive a fair and timely resolution of their complaint	Percentage of SIRC complaint decisions upheld by the Federal Court on judicial review		100% of complaint decisions upheld		Mostly Met		One complaint decision was set aside by the Federal Court in a judicial review application.
	Percentage of complaints where SIRC's decision on jurisdiction is made within 60 working days of receiving a formal and complete written complaint		85% of all jurisdictional decisions		Somewhat Met		SIRC strives to meet the established performance indicator; however, certain elements of the process are beyond the organization’s control. As such, the indicators for the next review period have been adjusted in the 2009-2010 RPP to account for this reality.
	Percentage of complaints where SIRC's report is issued within two years of accepting jurisdiction		85% of all complaint reports		Not Met		SIRC strives to meet the established performance indicator; however, certain elements of the process are beyond the organization’s control. As such, the indicators for the next review period have been adjusted in the 2009-2010 RPP to account for this reality.

Performance Analysis

A number of factors will impact the Committee’s ability to fulfill its mandate and the time required to resolve complaint investigations. These include the volume and complexity of complaints received and investigated, the quantity of documents to be reviewed, the number of hearings, the availability of participants, staffing changes and the appointment of new members. In 2009-2010, the Committee issued two complaint reports; in addition, one of its decisions on a matter of procedure was brought before the Federal Court.

Lessons Learned

The Committee continues to strive to ensure that its investigations of complaints are conducted in a fair, thorough and timely manner. A number of complaints before the Committee during the period under review raised a complex jurisdictional issue which will be addressed by the Committee in the next review period. In addition, the Committee has initiated consultations with organizations exercising similar functions with a view to amending its Rules of Procedure.

Internal Services

Internal Services are groups of services, activities and resources that are administered to support the needs of the two programs and corporate obligations of SIRC.

Program Activity: Internal services1
2009–10 Financial Resources ($ denomination)			2009–10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
773	867	942	2	2	0

¹ Commencing in the 2009-10 Estimates cycle, the resources for the Internal Services program activity are displayed separately from other program activities; they are no longer distributed among the remaining program activities, as was the case in previous Main Estimates. This has affected the comparability of spending and FTE information by Program Activity between fiscal years.

This activity captures all of the costs associated with monthly meetings attended by Committee Members, including their per diems, travel and accommodation costs. Corporate Direction and Internal Services also includes ongoing refinement to SIRC's website, as well as the general informatics support required to maintain computing systems. Through a Memorandum of Understanding, the Privy Council Office provides some administrative and financial services to SIRC. In addition, financial and human resource management services not provided by the Privy Council Office are funded through this activity.

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