Military's intelligence operations questioned by MPs
Committee wants to know how much legal consultation is done internally before operations launched
A committee of parliamentarians wants to see the military's intelligence branch put on a legislative leash, similar to legal constraints on civilian spy agencies.
The National Security and Intelligence Committee of Parliamentariansis recommending the Liberal government think seriously aboutdrafting specific laws to govern how and under what circumstancesmilitaryintelligence missions can take place.
The idea is meeting resistance already from the Department of National Defence.
The National Security and Intelligence Committee of Parliamentarians released its first annual report on Tuesday. The report paidspecial attention to military intelligence which, unlike the country's other spy services,has never faced external review or oversight.
The report also looked at how the federal government sets its priorities for intelligence-gathering and suggested that more focus and leadership is needed from the country's national security and intelligence adviser and the Privy Council Office, which supports the prime minister's office.
The report cited Russia, China and "a handful of other countries" (which it did not name)as intelligence threats, but most of the committee'sanalysis was aimed at Canada's intelligence infrastructure notably defence intelligence, the largest intelligence operationin the federal governmentand the second-best funded.
Canadians 'in the dark'
"One of things we have concluded over the past several months,maybe 18 months since we began,is the extent to which Canadians are often in the dark," said Liberal MPDavid McGuinty, the committee's chair.
"They don't know what their security apparatus is, they don't know what thesecurity apparatus does, they don't know what the funding levels are, they don't know how the priorities are set. They don't know many things."
Canada's most shadowy intelligence agency is the defence intelligence branch, which operates legally under somethingcalled 'Crown prerogative'. Essentially that means that when the federal government decides to deploy the military, the intelligence branch has the legislative authority to go about its business of protecting the military,both abroad and at home.
The committee is recommending the federal government set upspecific legislation to govern defence intelligence, something government officials working with the committee say has never been done by any other country.
Defence officials have resisted the idea behind the scenes, according to committee officials who spoke on background following today's release of the committee report.
Military reluctant to accept legislation
The military says it does not want to see operational flexibilityand relations with allies underminedby a legislative framework, and argues that the internal review systemhas worked well.
"I don't know if we got any friction," said McGuinty. "We got some very good submissions to the committee ... To a certain extent,we flushed them out and asked the department to come clean with us and give reasons in writing why there would be concerns."
McGuinty said this first assessment has found no wrongdoing by intelligence agencies.
He noted, however, that the committee already has signalledit will conduct another, more specificreview of the Department of National Defence's "collection, use, retention and dissemination of information on Canadian citizens" later thisyear.
On Tuesday,the committee expressedconcerns about how much legal consultation is done internally before intelligence operations are launched by the military.
It also suggested the Liberal government amend Bill-59, legislation which overhauls national security agencies, to requirethe defence department to produce annual reports on its own intelligence activities.The bill is before the Senate and Public Safety Minister Ralph Goodalehas seemed to pour cold water on the notion of making changes at this late stage.
Defence Minister Harjit Sajjan said he'll review DND'soversight processes in light of the report's conclusionsbut wouldn't commit to a legal framework.
"We're going to reflect on the recommendations that have been made," he told reporters Tuesday.
The committeeunderlined the importance of keeping watch over defence intelligence.
National Defence "conducts a broader range of intelligence activities than any other Canadian intelligence organization," said the report, noting that the department has human sources of intelligence and is responsible for signals and online intelligence.
The committee's report said its first review was not without challenges.
One of the biggest challenges involved the fact thatthe committee is "legislatively prohibited from seeing" cabinet secrets.
"Given that the process for setting intelligence priorities involves memorandums to cabinet and records of decision, that restriction made it difficult for the committee to examine and consider all of the relevant information on this topic," the report.
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