Spy watchdog raps RCMP over application of protocol to avoid complicity in torture

A federal spy watchdog says a senior RCMP official wrongly considered the importance of a strategic relationship with a foreign organization when deciding whether sharing information posed a risk of torture.

The aim of the Avoiding Complicity in Mistreatment by Foreign Entities Act is to prevent the brutalization of someone in overseas custody due to the information Canada exchanges with agencies abroad.

The RCMP and other federal agencies subject to these provisions must assess the risk of mistreatment and decide whether a risk can be managed.

In a report released Thursday, the National Security and Intelligence Review Agency (NSIRA) strongly cautions against including other considerations, such as fostering strategic relationships, in the assessment of substantial risk.

The intelligence review agency recommended that in cases where an RCMP assistant commissioner disagrees with a committee's recommendation not to share information, the case be automatically referred to the force's commissioner.

The heavily redacted report, the review agency's latest to examine the anti-torture protocol, covers the calendar year 2021.

The watchdog found the RCMP had «a robust framework» in place for the triage and processing of cases pertaining to the law aimed at avoiding complicity.

However, it raised pointed concerns about one case handled by the RCMP's foreign information risk advisory committee, an advisory body to senior management.

Details of the case, including the foreign entity involved, were stripped from the version of the report made public Thursday.

The committee concluded that there was a substantial risk of mistreatment should certain personal information be shared, and said the risk could not be managed by caveats and assurances.