National Security and Intelligence Committee of Parliamentarians

The National Security and Intelligence Committee of Parliamentarians (NSICOP; French: Comité des parlementaires sur la sécurité nationale et le renseignement; CPSNR) is a body composed of members of the House of Commons and Senate which reviews the activities of the Government of Canada's national security and intelligence agencies. The committee also performs strategic and systematic reviews of the legislative, regulatory, policy, expenditure and administrative frameworks under which national security activities are conducted.[3]

National Security and Intelligence Committee of Parliamentarians
Comité des parlementaires sur la sécurité nationale et le renseignement
Agency overview
Formed2018 (2018)
JurisdictionOversight of intelligence services in Canada
HeadquartersOttawa, Ontario
Employees10[1]
Annual budget$3.5 million CAD[1]
Minister responsible
Agency executives
  • Rennie Marcoux[2], NSICOP Secretariat Executive Director
Key document
  • National Security and Intelligence Committee of Parliamentarians Act
Websitewww.nsicop-cpsnr.ca

Formed in 2017, members of NSICOP are appointed from members of Parliament's two chambers on the advice of the prime minister after consultation with the leader of the opposition party. Members must obtain and maintain top secret security clearance.[4] NSICOP is not a standing committee nor a special committee of Parliament. Rather, it is an agency of the executive branch, itself overseen by the Prime Minister's Office, whose membership is made up of parliamentarians, unlike similar bodies in other Five Eyes countries – such as the Senate Intelligence Committee and House Permanent Select Committee on Intelligence in the United States, the Intelligence and Security Committee of Parliament in the United Kingdom or the Parliamentary Joint Committee on Intelligence and Security in Australia.

Mandate

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]

Collaboration with NSIRA

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

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

Formation and history

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

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]

Composition

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]

Members
House of Commons
Member Affiliation Date Appointed
  The Honourable David McGuinty, PC, Chair Liberal November 6, 2017
  Iqra Khalid Liberal June 15, 2021
  James Maloney Liberal January 20, 2022
  Patricia Lattanzio Liberal January 20, 2022
  Stéphane Bergeron Bloc Québécois June 15, 2021
  Don Davies New Democratic February 5, 2020
  Alex Ruff Conservative May 20, 2022
  Rob Morrison Conservative May 20, 2022
Senate
Member Affiliation Date Appointed
  The Honourable Frances Lankin, P.C. Independent Senators Group November 6, 2017
  The Honourable Pat Duncan Independent Senators Group June 2, 2023
  The Honourable Marty Klyne Progressive Senate Group August 18, 2023

Former Members
Member Affiliation Date Appointed Date Left Position Reason
Gord Brown Conservative November 6, 2017 May 2, 2018[17] Died in office
Tony Clement Conservative November 6, 2017 November 7, 2018[18][19] Resigned after scandal
Murray Rankin New Democratic November 6, 2017 September 1, 2019 Resigned from the House of Commons
Hedy Fry Liberal November 6, 2017 September 11, 2019 Parliament was dissolved for the 2019 Canadian federal election
Percy Downe Senate Liberal November 6, 2017 September 11, 2019 Parliament was dissolved for the 2019 Canadian federal election
Emmanuel Dubourg Liberal November 6, 2017 September 11, 2019 Parliament was dissolved for the 2019 Canadian federal election
Gudie Hutchings Liberal November 6, 2017 September 11, 2019 Parliament was dissolved for the 2019 Canadian federal election
Rob Nicholson Conservative February 5, 2019 September 11, 2019 Parliament was dissolved for the 2019 Canadian federal election, did not run for reelection
Diane Finley Conservative March 7, 2019 September 11, 2019 Parliament was dissolved for the 2019 Canadian federal election
Christine Normandin Bloc Québécois February 5, 2020 February 18, 2020[20] Resigned
Jennifer O'Connell Liberal February 5, 2020 March 19, 2021 Resigned
Ted Falk Conservative February 5, 2020 June 14, 2021 Resigned
Glen Motz Conservative February 5, 2020 June 15, 2021 Resigned
Rob Morrison Conservative June 15, 2021 August 15, 2021 Parliament was dissolved for the 2021 Canadian federal election
Peter Fragiskatos Liberal June 15, 2021 August 15, 2021 Parliament was dissolved for the 2021 Canadian federal election
Brenda Shanahan Liberal June 15, 2021 August 15, 2021 Parliament was dissolved for the 2021 Canadian federal election
Leona Alleslev Conservative June 15, 2021 August 15, 2021 Parliament was dissolved for the 2021 Canadian federal election; defeated in re-election

See also

References
  1. "The Secretariat's mandate, vision and resources". Secretariat of the National Security and Intelligence Committee of Parliamentarians. Government of Canada. 28 September 2018. Retrieved December 3, 2019.
  2. "Executive Director". Secretariat of the National Security and Intelligence Committee of Parliamentarians. Government of Canada. 28 September 2018. Retrieved December 3, 2019.
  3. "'Deep concerns' over proposed security panel". lawyersweekly.ca.
  4. Commons, Government of Canada,Leader of the Government in the House of (16 June 2016). "Canada News Centre - Government of Canada Introduces Legislation to Establish National Security and Intelligence Committee of Parliamentarians". news.gc.ca.{{cite web}}: CS1 maint: multiple names: authors list (link)
  5. Government of Canada (June 16, 2016). "National Security and Intelligence Committee of Parliamentarians". news.gc.ca. Archived from the original on June 7, 2017.
  6. Leblanc, Daniel (2016-06-16). "New parliamentary committee to oversee Canadian security agencies". The Globe and Mail. Retrieved 2022-03-22.
  7. Committee, Security Intelligence Review. "All Government of Canada national security and intelligence activities now subject to independent expert review". www.newswire.ca. Retrieved 2019-07-23.
  8. Office, Government of Canada, Privy Council. "Report of the Interim Committee of Parliamentarians..." pco-bcp.gc.ca.{{cite web}}: CS1 maint: multiple names: authors list (link)
  9. "Canadian Parliamentary Review - Article". revparl.ca.
  10. "REPORT OF THE INTERIM COMMITTEE OF PARLIAMENTARIANS ON NATIONAL SECURITY" (PDF). pco-bcp.gc.ca. Archived from the original (PDF) on 2017-11-08.
  11. "LEGISinfo - House Government Bill C-22 (42-1)". parl.gc.ca.
  12. "Trudeau names parliamentary committee to oversee security, intelligence agencies". CBC News. Retrieved 2017-11-07.
  13. "Opposition parties decry Liberals' approach to parliamentary security committee". nationalpost.com. March 2016.
  14. "Proposed security review panel called 'positive' but with caveats". lawyersweekly.ca.
  15. Leblanc, Daniel (16 June 2016). "New parliamentary committee to oversee Canadian security agencies". theglobeandmail.com.
  16. "National security committee violates MPs' parliamentary privilege: Ontario court | Globalnews.ca". Global News. Retrieved 2022-08-30.
  17. Died in Office
  18. Resigned due to scandal
  19. Daniel Leblanc;Laura Stone (November 7, 2018). "Clement forced out of caucus after complaints from women about social-media interactions". The Globe and Mail.{{cite news}}: CS1 maint: multiple names: authors list (link)
  20. ROLES - CHRISTINE NORMANDIN
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