A Canada Border Services Agency officer walks to a primary inspection booth at the Douglas-Peace Arch border crossing in Surrey, B.C., on Wednesday February 5, 2020. A newly released memo shows Canada’s border agency signed off on rules to guide its most intrusive intelligence operations months ago, but the federal government has yet to issue the ministerial direction. THE CANADIAN PRESS/Darryl Dyck

A Canada Border Services Agency officer walks to a primary inspection booth at the Douglas-Peace Arch border crossing in Surrey, B.C., on Wednesday February 5, 2020. A newly released memo shows Canada’s border agency signed off on rules to guide its most intrusive intelligence operations months ago, but the federal government has yet to issue the ministerial direction. THE CANADIAN PRESS/Darryl Dyck

Federal guidance for border agency surveillance and sources drafted but never issued

Border officers can stop travellers for questioning, take blood and breath samples, and search, detain and arrest people

A newly released memo shows Canada’s border agency signed off on rules to guide its most intrusive intelligence operations months ago, but the federal government has yet to issue the ministerial direction.

The memo, obtained by The Canadian Press through the Access to Information Act, describes efforts stretching back seven years to introduce formal government instruction on the Canada Border Services Agency’s use of surveillance and confidential sources.

One civil liberties group called the delay in issuing guidance “deeply concerning.”

The border agency’s 14,000 employees manage the flow of millions of travellers and commercial shipments entering Canada annually.

They collect, analyze and distribute information concerning people and goods at border points, air terminals and seaports.

Border officers can stop travellers for questioning, take blood and breath samples, and search, detain and arrest people.

The agency also covertly observes individuals, vehicles and places to gather information when there is reason to believe laws have been broken. And it gives money to confidential sources whose information leads to significant enforcement actions.

Written directions from the public safety minister have long been considered key measures to ensure accountability on the part of security agencies, given their extraordinary powers.

In September 2013, the Conservative public safety minister at the time agreed to issue a direction to the border agency concerning its sensitive investigative techniques, says the memo, prepared earlier this year for border agency president John Ossowski.

In 2014, Public Safety Canada, in consultation with the border agency and the Justice Department, developed such a direction but it “was never formally issued,” the memo adds.

In August last year the National Security and Intelligence Committee of Parliamentarians recommended the public safety minister provide written direction to the border agency on the conduct of sensitive activities.

“That direction should include accountability expectations and annual reporting obligations,” said the committee’s report, which became public in edited form in March.

The memo to Ossowski says a draft ministerial direction prepared for the president is aligned with the border agency’s policies and “ensures enhanced oversight and accountability for the agency’s risk-inherent activities.”

Officials recommended Ossowski approve the draft, the text of which was exempted from release under the access law.

The memo shows Ossowski signed off on the draft direction in late February. A month later, the federal government was seized with the worsening COVID-19 pandemic.

Louis-Carl Brissette Lesage, a spokesman for the border agency, said the direction had not yet been issued. “For any further questions, please contact Public Safety directly, as this is their policy.”

Mary-Liz Power, a spokeswoman for Public Safety Minister Bill Blair, said direction to the agency was forthcoming and would be made public.

“It is critical that there be clear direction given to our agencies on controls for officials engaged in sensitive national interest activities,” she said.

“Government and agency officials must be accountable to our laws, the oversight mechanisms that ensure their effective functioning and the ministers responsible for them.”

Formally setting out expectations in a ministerial direction is at the very low end of accountability measures for a public entity, especially one that has the authority to covertly collect intelligence, said Meghan McDermott of the British Columbia Civil Liberties Association.

“So it’s deeply concerning to us that it has yet to be issued,” she said.

McDermott acknowledged that COVID-19 has thrown all schedules off, but she noted the delay in this case seems to be part of a larger pattern, given that a draft direction was also developed several years ago.

“What is the holdup?”

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

border agency

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Vancouver Island Crisis Society has seen a five per cent rise in call volumes compared to this time last year. (Black Press Media file photo)
Winter blues a concern for Vancouver Islanders during COVID-19 Christmas season

Statistics show British Columbians anticipate worsening mental health

Jason Soukochoff is wanted on a Canada-wide warrant, say Victoria police. (Courtesy VicPD)
Victoria police seek man with violent criminal history against elderly

Jason Soukochoff wanted on Canada-wide warrant for parole violations

The new plan informing development Central Saanich’s Saanichton Village calls for wider, greener sidewalks among other measures. (Black Press Media File)
Central Saanich signs off on Saanichton Village Plan

Plan will inform development applications within Saanichton

Bystanders attend to a cyclist who is knocked to the pavement of Oak Bay Avenue. Witnesses say the cyclist was knocked off their bike in a dooring incident on Oak Bay Avenue at Fell Street at around 12:40 p.m. on Wednesday. 
(Daniel Opden Dries Photo)
UPDATED: VicPD tickets driver for ‘dooring’ cyclist on Oak Bay Avenue

Incident occurred at Oak Bay Avenue and Fell Street

West Shore RCMP pulled over a 2010 Jeep Grand Cherokee on Nov. 23 after noting that it didn’t appear safe for the road. (West Shore RCMP)
West Shore RCMP pull over vehicle held together by tape and cargo strap

RCMP deemed the vehicle unsafe for the road and had it towed away

A man wearing a face mask to help curb the spread of COVID-19 walks in downtown Vancouver, B.C., Sunday, Nov. 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest day of pandemic with 13 deaths, 738 new COVID-19 cases

Number of people in hospital is nearing 300, while total cases near 30,000

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of Nov. 24

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

(AP Photo/Haven Daley)
POLL: Do you think the current COVID-19 restrictions should continue beyond Dec. 7?

One week into the new restrictions to curtail the spread of the… Continue reading

(File photo)
Alberta woman charged after allegedly hitting boy with watermelon at Okanagan campsite

Police say a disagreement among friends at an Adams Lake campsite turned ugly

Court of Appeal for British Columbia in Vancouver. (File photo: Tom Zytaruk)
B.C. woman loses appeal to have second child by using late husband’s sperm

Assisted Human Reproduction Act prohibits the removal of human reproductive material from a donor without consent

An excavator was stolen from a rural property south of Nanaimo this month, say police. (Photos submitted)
Excavator stolen from property south of Nanaimo

Bobcat Mini believed to have been stolen between Nov. 12-14, say RCMP

Krista Macinnis displays the homework assignment that her Grade 6 daughter received on Tuesday. (Submitted photo)
B.C. mom angry that students asked to list positive stories about residential schools

Daughter’s Grade 6 class asked to write down 5 positive stories or facts

B.C. projects targeting the restoration of sockeye salmon stocks in the Fraser and Columbia Watersheds will share in $10.9 million of federal funding to protect species at risk. (Kenny Regan photo)
13 projects protecting B.C. aquatic species at risk receive $11 million in federal funding

Salmon and marine mammals expected to benefit from ecosystem-based approach

Most Read