Canada’s spies face yet another rebuke over failure to keep judges informed

Canada’s two main spy agencies were rebuked by the Federal Court on Tuesday for failing to keep judges informed on how they handle Canadians’ identifying information.

The court ruling is another in a line of decisions suggesting the Canadian Security Intelligence Service (CSIS) had again failed its “duty of candour” to be upfront with judges who approve intrusive surveillance warrants.

“CSIS’s failure to live up to its obligation in this regard appears to have been an institutional failing, rather than a failing of any particular individual or individuals,” wrote Paul Crampton, chief justice of the Federal Court, in the ruling.

“This failing goes to the heart of CSIS’s relationship with the court. It is a matter of institutional trust. It is incumbent upon CSIS to continue its recent efforts to do better.”

At issue is the disclosure of identifying information about Canadians given to CSIS by the Communications Security Establishment (CSE), Canada’s electronic intelligence agency. The court confirmed the findings by a national security review body that CSE disclosed “identifying” information to CSIS contrary to restrictions imposed by the Federal Court, which grants CSIS warrants for intelligence gathering.

Put differently, CSIS was receiving identifying personal information about Canadians, failed to inform the Federal Court, and only fessed up after the National Security and Intelligence Review Agency (NSIRA) flagged the issue.

According to the ruling, CSIS identified 159 instances of violating warrant conditions when it came to Canadians’ identifying information between April 2021 and June 2022.

“The evidence adduced in this proceeding corroborates NSIRA’s finding that CSE disclosed (identifying information) collected