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

Joe Robertson and Jack Amos ran the length of Vancouver Island, with the help of their van Pippi, raising more than $12,000 for 1Up Victoria Single Parent Resource Centre. (Photo submitted)
Greater Victoria pair finishes running length of Vancouver Island a day early

Joe Robertson and Jack Amos raised more than $12,000 for single parents

Carmen Robinson was last seen getting off a bus in View Royal the evening of Dec. 8, 1973. Her case remains unsolved 47 years later. (Greater Victoria Crime Stoppers)
Gone cold: Fate of View Royal teen remains a mystery, 47 years after her disappearance

Carmen Robinson, 17, was last seen exiting a bus in View Royal in December 1973

A Saanich crash has left many residences in the area without power Thursday morning. (Google Maps)
Early morning crash causes Saanich power outage

Power expected to be restored by 9:30 a.m.

Victoria’s Royal Jubilee Hospital took in two COVID-19 patients from Northern Health as part of a provincial agreement. (Black Press Media file photo)
Victoria hospital takes in two COVID-19 patients from Northern Health

Royal Jubilee Hospital takes patients as part of provincial transport network

Traffic will be affected as View Royal does road work from Dec. 3 to Dec. 5 on the Island Highway at Wilfert Road. (Image courtesy Town of View Royal)
Road work hinders traffic in View Royal on Island Highway at Wilfert Road

Work scheduled for Dec. 3 to 5, weather dependent

(AP Photo/Paula Bronstein)
POLL: Has COVID-19 changed your plans for the holidays?

The lights are going up, the stacks of presents under the tree… Continue reading

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 Dec. 1

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

Janet Austin, the lieutenant-governor of British Columbia, not seen, swears in Premier John Horgan during a virtual swearing in ceremony in Victoria, Thursday, Nov. 26, 2020. Horgan says he will look to fill gaps in the federal government’s sick-pay benefits program aimed at preventing the spread of COVID-19. THE CANADIAN PRESS/Jonathan Hayward
B.C. premier says province prepared to patch holes in new federal sick-pay benefits

Horgan said workers should not be denied pay when they are preventing COVID-19’s spread

Provincial health officer Dr. Bonnie Henry updates B.C.’s coronavirus situation at the legislature, Nov. 30, 2020. (B.C. government)
Hockey team brought COVID-19 back from Alberta, B.C. doctor says

Dr. Bonnie Henry pleads for out-of-province travel to stop

B.C. Premier John Horgan on a conference call with religious leaders from his B.C. legislature office, Nov. 18, 2020, informing them in-person church services are off until further notice. (B.C. government)
B.C. tourism relief coming soon, Premier John Horgan says

Industry leaders to report on their urgent needs next week

(Needpix.com)
Fraudsters projected to use pet scams to gouge over $3M from customers: BBB

The pandemic heavily contributed to the number of puppy scams

Natalie MacMaster and Donnell Leahy are inviting audiences into their home for ‘A Celtic Family Christmas’. (Submitted)
Natalie MacMaster coming to you through Cowichan Performing Arts Centre

Here’s your chance to enjoy the famed fiddler in an online show with her husband Donnell Leahy.

An RCMP cruiser looks on as a military search and rescue helicopter winds down near Bridesville, B.C. Tuesday, Dec. 1. Photo courtesy of RCMP Cpl. Jesse O’Donaghey
B.C. Mountie, suspect airlifted by Canadian Armed Forces from ravine after foot chase

Military aircraft were dispatched from Comox, B.C., say RCMP

Most Read