Home Programs National security Air India review Lessons to be learned: The report of the Honourable Bob Rae 4. The RCMP and CSIS: Background

4. The RCMP and CSIS: Background

From the very start of the investigation into the Air India disaster, both CSIS and the RCMP were involved. The two agencies had been separated in 1984, following the report of Justice David Macdonald concerning certain activities of the RCMP. The main thrust of the Macdonald Report was that security intelligence work should be separated from policing, and that the activities of a new agency, the Canadian Security Intelligence Service, should be subject to both judicial approval for warrants, as well as general oversight review by a new body, the Security Intelligence Review Committee, as well as the office of the Inspector General. CSIS would not be a police agency, and CSIS agents would not be police officers.

The government accepted this recommendation, but it was not without controversy. Concerns were strongly expressed that the neat division between security intelligence on the one hand and policing on the other was artificial, and that in fact the lines between the two were frequently blurred.

Recognizing the need for the two agencies to work closely together, a Memorandum of Understanding (MOU) was signed July 17, 1984, in which the conditions related to the transfer and sharing of information between CSIS and the RCMP were outlined. ³ The agreement first states that “pursuant to section 12 of the CSIS Act, CSIS shall provide … to the RCMP as it becomes known/available to CSIS or if specifically requested by the RCMP … assessments and/or information concerning any threat to the security of Canada relevant to the role and responsibilities of the RCMP...” ⁴ Further, the agreement states that pursuant to section 13 and 19(2) of the CSIS Act, the CSIS shall provide the RCMP with information “relevant to the investigation and enforcement of alleged security offences or the apprehension thereof which fall within the primary responsibility of the RCMP pursuant to section 61(1) of the CSIS Act.” ⁵ It was noted “any disagreement that can not be resolved by the Director [of CSIS] and Commissioner [of the RCMP], shall be referred to the Solicitor General for resolution.” ⁶

When providing direction regarding the impact of Bill C-9 ⁷ and the creation of CSIS, then Solicitor General Robert Kaplan P.C., Q.C, M.P. wrote to CSIS Director Finn, and RCMP Commissioner Simmonds that:

... the separation of the security intelligence role from the RCMP must not inhibit the passage of information between the RCMP and the CSIS. The CSIS and the RCMP have symbiotically related duties and responsibilities in the security field. Neither organization can fully, or effectively, achieve its national security related goals without the co-operation and assistance of the other. ⁸

Furthermore, one of the stated principles articulated in the document was that “the RCMP will rely on the CSIS for intelligence relevant to national security offences” ⁹, and that “the RCMP and CSIS will consult and co-operate with each other with respect to the conduct of security investigations.” ¹⁰

A question that has to be answered with respect to the Air India investigation is whether this consultation and co-operation in fact occurred, and whether it is occurring today.