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

(Phil McLachlan/Capital News)
Murder charge laid in February 2020 stabbing death of Smithers man

Michael Egenolf is charged with the second-degree murder of Brodie Cumiskey

Island Health chief medical officer Dr. Richard Stanwick receives a first dose of Pfizer vaccine, Dec. 22, 2020. (B.C. government)
COVID-19: B.C. seniors aged 90+ can start to sign up for vaccination on March 8

Long-term care residents protected by shots already given

The school is very proud of these students (pictured, left to right): Halim Demir (holding Grace Valdez’ gold certificate); Lauren McIlwain, Shayleen Mack, Jaymen Schieck, Kyle Doiron, and Finn Carlson (photo submitted)
SAMS students excel in international competition

The SAMS team swept their category this year; all six participants received awards

FILE – A COVID-19 vaccine being prepared. (Olivia Sullivan/Sound Publishing)
B.C. seniors 80 years and older to get COVID vaccine details over next 2 weeks: Henry

Province is expanding vaccine workforce as officials ramp up age-based rollout

The avalanche came down on the highway sometime Sunday evening (Feb. 21) (Dawson photo)
Road to Bella Coola wharf reopens after large avalanche

The road was closed after a large avalanche covered a significant portion of the highway

Langley resident Carrie MacKay shared a video showing how stairs are a challenge after spending weeks in hospital battling COVID-19 (Special to Langley Advance Times)
VIDEO: Stairs a challenge for B.C. woman who chronicled COVID-19 battle

‘I can now walk for six (to) 10 minutes a day’

Left: Oakland County Jail. Right: Canuck Todd Bertuzzi on November 2, 2005. (CP/Chuck Stoody)
Former Vancouver Canuck Todd Bertuzzi arrested for suspected DUI: report

The Canadian winger had a complicated history in the NHL

The south coast of B.C. as capture by the Copernicus Sentinel-2 mission. (European Space Agency)
VIDEO: Images of B.C.’s south coast from space released by European Space Agency

The satellite images focus on a variety of the region’s landmarks

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A copy of the book “And to Think That I Saw It on Mulberry Street,” by Dr. Seuss, rests in a chair, Monday, March 1, 2021, in Walpole, Mass. Dr. Seuss Enterprises, the business that preserves and protects the author and illustrator’s legacy, announced on his birthday, Tuesday, March 2, 2021, that it would cease publication of several children’s titles including “And to Think That I Saw It on Mulberry Street” and “If I Ran the Zoo,” because of insensitive and racist imagery. (AP Photo/Steven Senne)
6 Dr. Seuss books won’t be published for racist images

Books affected include McElligot’s Pool, On Beyond Zebra!, Scrambled Eggs Super! and The Cat’s Quizzer

FILE – Oshawa Generals forward Anthony Cirelli, left, shoots and scores his team’s first goal against Kelowna Rockets goalie Jackson Whistle during second period action at the Memorial Cup final in Quebec City on Sunday, May 31, 2015. THE CANADIAN PRESS/Jacques Boissinot
B.C. government approves plan in principle to allow WHL to resume in the province

League includes Kamloops Blazers, Kelowna Rockets, Prince George Cougars, Vancouver Giants, Victoria Royals

The fundraising effort to purchase 40 hectares west of Cottonwood Lake announced its success this week. Photo: Submitted
Nelson society raises $400K to save regional park from logging project

The Nelson community group has raised $400,000 to purchase 40 hectares of forest

Most Read