Intelligence watchdog facing cuts as Liberals seek new powers for national security agencies

One of the watchdogs meant to keep Canada’s intelligence and security activities in check says its ability to scrutinize those powerful organizations will be hindered due to government spending cuts.

The warning from the National Security and Intelligence Review Agency (NSIRA) comes at the same time as the Liberals look to increase, in some cases significantly, the resources of its defence and national security agencies.

NSIRA is an independent body set up in 2019 to review intelligence and security activities conducted by the federal government — including the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE) — to make sure it’s “lawful, reasonable and necessary.” It also reviews public complaints.

During a media briefing Wednesday, the agency said it’s part of the government’s spending review requiring a 15 per cent budget cut within three years.

NSIRA vice-chair Craig Forcese said that means the team will have to reduce the number of reviews it takes on.

“We’ll have to make difficult decisions,” he said. 

The cut to the review body comes as the Liberal government looks at granting its intelligence agencies more powers to gather information on Canadians during investigations through Bill C-2, is hiring more RCMP and Canada Border Services Agency officers and is pledging historic spending in defence, including cyber operations.

Over the past few years, NSIRA has called out CSIS for mischaracterizing how it uses new technology to collect information, pointed to bias at the Canada Revenue Agency when it comes to audits tied to terrorism and suggested CSE’s use of polygraphs may be violating the Charter. 

NSIRA has a statutory mandate to review CSE and CSIS, but Forcese suggested wrongdoing outside that scope may no longer get as much attention.

Agency seeking reprieve

Historically, NSIRA has taken on reviews on the RCMP, CBSA, Department of National Defence, Global Affairs Canada, Department of Justice and Immigration, Refugees and Citizenship Canada.

The NSIRA vice-chair also said departments that do intelligence and security work, but have never been reviewed before, require more resources than those which are repeatedly audited.

He said that factor will likely be taken into consideration going forward.

Forcese, who also teaches national security law at the University of Ottawa, said the agency will essentially be asking itself “is this a nice to have, or a need to have?” 

The agency told reporters it is trying to minimize layoffs, but does anticipate some cuts to staff. It’s staffed by experts in national security, policy, technology, law, civil liberties and human rights.

Forcese said he’s written to Prime Minister Mark Carney seeking more funding, but hasn’t heard back. The letter was first reported by the National Post.

Public Safety Minister Gary Anandasangaree says the government worked to shield “core” public safety agencies from cuts — like the RCMP and the border agency.

“Like many organizations within the government, NSIRA is one that will be impacted,” he said. 

“I look forward to working with them to ensure that while there will be expenditure reductions, it’s not in areas that will impact their future.”