The NSICOP has a broad government-wide mandate to scrutinize any national security matter. The committee is empowered to perform reviews of national security and intelligence activities including ongoing operations, and strategic and systematic reviews of the legislative, regulatory, policy, expenditure and administrative frameworks under which these activities are conducted. It also conducts reviews of matters referred by a minister.^[5] The committee provides oversight to at least 17 federal agencies involved in security issues, including:^[6]

• Canadian Security Intelligence Service (CSIS)
• Communications Security Establishment (CSE)
• Royal Canadian Mounted Police (RCMP)
• Global Affairs Canada (GAC)
• Canada Border Services Agency (CBSA)
• Department of Finance Canada
• Department of Justice Canada
• Canadian Air Transport Security Authority (CATSA)
• Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).

Collaboration with NSIRA edit

Established in 2019, the National Security and Intelligence Review Agency (NSIRA) reviews all national security and intelligence activities carried out by the Government of Canada. The NSICOP has a mandate to review the legislative, regulatory, policy, administrative and financial framework for national security and intelligence in Canada, as well as departmental activities related to national security and intelligence.^[7] NSICOP reviews tend to be more strategic than those of NSIRA, which undertakes detailed reviews of specific activities with a strong emphasis on legal compliance. In practice, the two review bodies complement each other and provide Canadians with comprehensive and multi-faceted scrutiny of the government's secret activities.^[7] NSIRA and the NSICOP may exchange classified information, and are required by statute to cooperate in order to avoid unnecessary duplication of effort.^[7]

Secretariat edit

The committee is supported by a secretariat with an executive director, who has the rank of a deputy minister.^[5]

Until 2017, Canada was the only member of “Five Eyes” without a permanent mechanism for parliamentarians to review national security activities.^[5] Parliamentary scrutiny of intelligence functions had been raised as an issue with every evolution of the intelligence community since the 1979 Royal Commission of Inquiry into Certain Activities of the RCMP, known as the MacDonald Commission.^[8] Since that time, the landscape has shifted considerably both domestically and internationally.^[9] Since the events of September 11, 2001, there has been a substantial expansion in the breadth and intensity of Canada's counter-terrorism efforts.^[10] The Special Senate Committee on Anti-terrorism concluded, “Canada now lags significantly behind its allies on the issue of parliamentary oversight as the only country that lacks a parliamentary committee with substantial powers of review over matters of national security.”

In 2004, the Interim Committee of Parliamentarians on National Security was established to recommend a national security oversight mechanism. The committee's report, which was unanimously supported by the all-party membership, outlined the structure for a committee of parliamentarians. The committee found that "closer parliamentary scrutiny will better assure Canadians that a proper balance is being maintained between respect for their rights and freedoms, and the protection of national security."^[10] The committee recommended that "to allow more effective parliamentary scrutiny of the intelligence community, Parliament will require that some of its number have complete access to such classified information as they consider appropriate."^[10] The committee report recognized that "confidence between the intelligence community and the committee will be essential to the success of parliamentary scrutiny of intelligence functions"^[10]

Bill C-22, the National Security and Intelligence Committee of Parliamentarians Act was tabled by the government on June 16, 2016, and received Royal Assent on June 22, 2017.^[11] Trudeau announced the creation of the NSICOP on November 6, 2017.^[12]

Criticism edit

Chair appointed by the prime minister

Under the NSICOP Act, the Committee chair is appointed directly by the Prime Minister.^[13] Previous National Security Committee recommendations, such as the 2004 Interim Committee of Parliamentarians on National Security insisted that, "committee leadership positions should be elected by a secret ballot of its members to enhance the reality, and perception, of committee independence."^[10]

In 2013, after public criticism, the British government significantly overhauled UK's Intelligence and Security Committee of Parliament, strengthening its powers and its independence.^[3] The committee emerged with an independently elected chair, operational oversight powers and a shift in appointment power from the prime minister to Parliament.^[3]

Access to information

The 2004 Interim Committee of Parliamentarians on National Security recommended granting the Parliamentary National Security Committee complete access to information. However, under the NSICOP Act, government ministers can refuse to provide certain types of operational information and information relating to ongoing operations if the minister determines disclosure “would be injurious to national security”.^[3] Opposition parties have argued that this undefined clause is "disturbingly wide"^[14] and allows the government abuse to cover up sloppy management, or a scandal within a department.^[3]

Vetting of reports

The committee's annual and special reports are vetted by the government before they are released, which some argue constrains the committee's ability to raise red flags with the public.^[15]

The committee is a statutory committee made up of parliamentarians, but it is an independent agency whose members are appointed by and administratively housed within the executive branch rather than within the structures of Parliament. This structure is designed to give the committee a high-degree of independence and access to classified government information, while providing for necessary controls on the use and disclosure of this information.^[5]

The committee consists of a chair and ten other members, three from the Senate and seven from the House of Commons (with a maximum of five members from the House of Commons from the governing party). Members are appointed by the Governor in Council on the recommendation of the prime minister.^[5]

Committee members are required to obtain a Top Secret security clearance and swear an oath of secrecy before assuming their position on the committee, and they also must maintain the confidentiality of information they receive for the rest of their lives,^[5] and any breach will open the door to criminal prosecution under the Criminal Code. The act purports to limit parliamentary privilege,^[5] however section 12 of the statute, which imposed this restriction, was struck down by the Ontario Superior Court for being unconstitutional in 2022. This means a member who discloses classified information on the floor of the House or Senate can not be prosecuted.^[16]

House of Commons

Senate

• Intelligence Commissioner of Canada
• National Security and Intelligence Review Agency
• Other Five Eyes oversight bodies
  • Intelligence and Security Committee of Parliament (United Kingdom)
  • Parliamentary Joint Committee on Intelligence and Security (Australia)
  • Intelligence and Security Committee (New Zealand)
  • United States Intelligence Community Oversight

• Official website
• National Security and Intelligence Committee of Parliamentarians Act
• 2004 Martin government discussion paper on a Canadian national security committee of parliamentarians
• 2004 report of the interim committee of parliament