Role of the Attorney General in relation to compliance reports under National Security Legislation
The Attorney General of Canada plays an important role in Canada’s national security accountability framework. This includes a role with statutory reporting on situations in which national security or intelligence activity may not comply with the law.
Since 1984, section 20 of the Canadian Security Intelligence Service Act has required the Director of Canada Security Intelligence Service (CSIS) to submit a report to the Minister of Public Safety and Emergency Preparedness when the Director is of the opinion an employee may have acted unlawfully in fulfilling CSIS’s duties and functions. Under section 20, the Minister must provide a copy of the report to the Attorney General of Canada.
Since 2017, section 31.1 of the National Security and Intelligence Committee of Parliamentarians Act has required the National Security and Intelligence Committee of Parliamentarians (NSICOP) to inform the Minister to which the relevant intelligence agency reports and the Attorney General of Canada of any activity related to national security or intelligence that, in the opinion of the Committee, may not have complied with the law.
Since 2019, section 35 of the National Security and Intelligence Review Agency Act has required the National Security and Intelligence Review Agency (NSIRA) to submit to the appropriate Minister a report with respect to any activity that is related to national security or intelligence and carried out by a department if, in NSIRA’s opinion, the activity may not be in compliance with the law. As soon as feasible after the Minister receives a report, the Minister must give a copy of it to the Attorney General of Canada.
As set out in the Canadian Security Intelligence Service Act, National Security and Intelligence Committee of Parliamentarians Act and the National Security and Intelligence Review Agency Act, the Attorney General of Canada does not become involved in any of these processes until they have been provided a copy of the report. Once a report is received, the Attorney General of Canada’s role is provided for in the Department of Justice Act, and specifically to provide legal advice to departments and agencies and to see that the administration of public affairs is conducted in accordance with the law. The Attorney General of Canada will consider a report and, supported by departmental officials, will respond to it as they consider appropriate in light of the Attorney General of Canada’s responsibilities under the Department of Justice Act. If legal advice is provided, that advice will be subject to solicitor-client privilege.
The Involved Government Institution
The government institution (or the Minister responsible for it) that is the subject of a report under the Canadian Security Intelligence Service Act, National Security and Intelligence Committee of Parliamentarians Act and the National Security and Intelligence Review Agency Act may choose to speak publicly about the matters in question, potentially including articulating the government’s legal position on the issue, and describing any activities being undertaken by the institution in relation to the activities in question.
- Date modified: