The exchange of information between intelligence and police officers needs major repairs – and may begin with informing police of the reasons for the national security arrests, according to a new internal report, which looks at the often strained relationship between Canada’s spy agency and the RCMP.
In one case, officers at one of the RCMP’s national security units quit their jobs after being asked to make an arrest without giving a reason, according to an edited report published with a request for access to information.
The document is the end result of a behind-the-scenes review of how the Canadian Security Intelligence Service and the National Police Force share information – or not.
In 2018, at the request of both agencies, two external national security lawyers were hired – Anil Kapoor and Dana Akhtemichuk to discuss issues, conduct interviews and make recommendations. A copy of their final review was recently released on CBC News a year after it was requested.
The incident, which led police to give up, occurred during a “catch and release” case, a technique in which police arrest a person to thwart a national security incident or attack, even if it means releasing them. – late without accusations.
The report says that the capture and release operations require the exchange of information between the participating agencies. This did not happen with the RCMP Integrated National Security Enforcement Team (INSET) involved in the incident cited in the report.
INSET are multi-agency teams – sometimes made up of RCMP staff, members of provincial and municipal police and federal agencies – scattered across the country to investigate cases involving national security, extremism and terrorism.
“We learned of a case in which INSET was tasked with making an arrest, but the reason was not given. This caused a major conflict in the investigation team, which led some employees to leave,” the report said.
“It was generally morally depressing for INSET.”
Details of this case are obscured in the report.
RCMP officers used binoculars to observe the protesters on September 6, 2021. The report noted a lack of trust between the RCMP headquarters and field staff. (Nathan Dennett / Canadian Press)
The authors said that while police officers investigating national security may not know all the details, they still need to be included in the circle of their intelligence colleagues.
“Being a player in the world of national security involves both respecting the principle of ‘need to know’ and understanding that more RCMP staff actually ‘need to know’,” they wrote.
“Keep in the dark”
University of Toronto professor Kent Roach, who studies national security and anti-terrorism legislation, called the incident alarming.
“The report acknowledges that RCMP staff are often kept in the dark by the CSIS and this could affect the validity of arrests,” he said.
He said catch-and-drop tactics, the Al Capone strategy (named after the infamous gangster who was in prison for tax evasion instead of more serious charges against him) and peace bonds are bad substitutes for the actual judicial persecution.
“There is not the same public or judicial control over the conduct of either the CSIS or the RCMP as there would be in the prosecution of terrorism,” Roach said.
“There are certainly legitimate and legitimate alternatives to prosecution. But I think that from the point of view of society, indeed, the criminal prosecution sheds the most light, both on how the state acted and on the actual danger or lack of danger that the accused poses. “
The report says part of the problem (sometimes called “evidence-based intelligence”) is that CSIS is under pressure to protect operational information – its tactics, methods, where its spies are located – while police and prosecutors are expected to provide criminal prosecution and protection of the defendant’s right to a fair trial.
“We are impressed that there is no benefit to public safety [CSIS’s] information unused when it can be used to improve a criminal investigation into national security, “the report said.
CSIS is under pressure to protect operational information – its tactics, methods, spies’ whereabouts – while police and prosecutors are expected to both prosecute and defend the accused’s right to a fair trial. (Sean Kilpatrick / Canadian Press)
“Also, [CSIS] it must accept that in litigation there is always a risk that some information will not be protected, but the benefits of supporting the investigation and possible prosecution of those who pose a threat to the country are worth the risk. “
One of the report’s recommendations is for CSIS to obtain an expert council on criminal law to better understand the risks and benefits of sharing information and to recognize when a crime has been committed.
“For [CSIS] to take a more proactive stance, there must be a change in attitude and culture from viewing itself as a traditional Cold War intelligence agency to a modern intelligence agency that actively manages threats to national security, ”the report said.
CSIS accepts some recommendations
Keira Lawson, a spokeswoman for CSIS, said work was continuing to implement the recommendations “as appropriate”. This work, she said, will include a memorandum of understanding with the RCMP.
She acknowledged that more could be done.
“There remains an urgent need for ongoing consideration by all parties, including Canadian public safety, to continue to identify all potential areas for legislative reform that would address … the intelligence and evidence problems the government faces in various lawsuits. while maintaining full respect for the Charter of Rights and Freedoms, “Lawson wrote in a statement.
The RCMP did not escape the review unscathed. The authors emphasized the belief in some circles within the RCMP that receiving any [CSIS] the information will compromise police investigations.
“The basis for this belief is not entirely clear.”
The report also notes tensions between INSET’s regional offices and the Federal National Security Police (FPNS) team based at the RCMP headquarters in Ottawa.
“Often the FPNS does not provide INSET with a context for why certain actions are being taken. The effect has a corrosive effect on the relationship between FPNS and INSET, “it said.
“In addition, INSET generates a lack of confidence, which serves to suppress morale with potentially dangerous consequences.”
The RCMP did not respond to CBC’s request for comment.
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