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

Pea sized hail rained from the skies in Prince Rupert on Nov. 30 leaving roads covered in a sheet of ice. (Photo; K-J Millar/The Northern View)
Large hail caused icy conditions in Prince Rupert

High wind warnings in effect for North Coast and Haida Gwaii

The Fairview-Ridley Connector Corridor is now 75 per cent complete, announced Prince Rupert Port Authority on Nov. 30. (Photo: supplied by PRPA)
Crews are working 24 hours a day to complete vital infrastructure road in Prince Rupert

Fairview-Ridley Connector Corridor is 75% complete announced Prince Rupert Port Authority

Illustration courtesy Pacific Northern Gas
Illustration shows what’s involved with the plan by Pacific Northern Gas to expand the capacity of its natural gas line serving the northwest.
LNG projects hold out potential for lower gas user rates

LNG plants planned for Port Edward and Terrace

Prince Rupert carving artist Henry Kelly is having his work installed on Nov. 20, as a permanent art exhibit at the Prince Rupert Regional Airport. The traditional cedar canoe is a welcome symbol to those arriving at YPR. (Photo: supplied)
Art unveiling ceremonies at YPR cancelled due to new pandemic restrictions

Coast Tsimshian Cultural Exhibit at Prince Rupert Regional Airport features local carvers

A B.C. Ambulance Service paramedic wearing a face mask to curb the spread of COVID-19 moves a stretcher outside an ambulance at Royal Columbia Hospital, in New Westminster, B.C., on Sunday, November 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest weekend of COVID-19 pandemic with 46 deaths; more than 2,300 cases

Provincial health officer Dr. Bonnie Henry provides COVID-19 update

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

Christy Jordan-Fenton is the co-author of the book Fatty Legs, which has been mentioned amid the controversy of an Abbotsford school assignment on residential schools.
Fatty Legs co-author responds to Abbotsford class assignment on residential schools

Children’s book mentioned amid controversy at W. A. Fraser Middle School

Kootenay East MLA Tom Shypitka takes over as energy and mines critic for the B.C. Liberal opposition. Kelowna-Lake Country MLA Norm Letnick (right) moves from health critic to assistant deputy speaker. (Hansard TV)
B.C. Liberals pick critics to take on Horgan’s NDP majority

Interim leader Shirley Bond takes seniors, long-term care

Deputy Prime Minister and Minister of Finance Chrystia Freeland listens to a question from a reporter on the phone during a news conference in Ottawa, Monday, Nov. 30, 2020. THE CANADIAN PRESS/Adrian Wyld
Spending too little worse than spending too much, Freeland says as Canada’s deficit tops $381B

‘The risk of providing too little support now outweighs that of providing too much’

Still from a video surveillance camera of a man alleged to have stolen from several people at knife-point in Chilliwack (Rosedale) early on Nov. 28, 2020. (Facebook)
B.C. man defends his family against intruder, saves neighbour while wielding hockey stick

RCMP looking for footage that captures violent crime spree in Chilliwack

Harbour seals rest on log booms at Flavelle Mill in Port Hardy. With recent announcements the mill will be getting rid of the log booms, Dr. David Rosen sees an opportunity to study how the disappearance of this highly-frequented refuge for the seals will alter their behaviour in Burrard Inlet. (Photo supplied by David Rosen)
What the heck is going on with marine mamals in Vancouver waterways?

UBC researcher asks why they’re returning, and what role we’re playing

Jim Neufeld, 55, was last seen leaving his home in Penticton Jan. 21, 2009. (RCMP photo)
Human remains found off U.S. coast in 2009 identified as Penticton man

Jim Neufeld, 55, was last seen leaving his home in Penticton Jan. 21, 2009

Mary Ellen Turpel-Lafond speaks to a reporter in Vancouver on November 13, 2015. (THE CANADIAN PRESS/Darryl Dyck)
No evidence that B.C. ER staff played blood alcohol level game, but Indigenous racism ‘widespread’

Mary Ellen Turpel-Lafond releases findings of independent investigation

Most Read