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8555-411-771-five-eyes-spying

8555-411-771-five-eyes-spying

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Published by: kady23 on Oct 10, 2012
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ORDERlADDRESS OF THE HOUSE OF COMMONSORDRE/ADRESSE DE LA CHAMBRE DES COMMUNES
BV/DE
Q-771
DATE
ML
Scott (Toronto-Danforth) June 19;
2012/19
juin 2012
RETURN
BV
THE
LEADER OF
THE GOVERNMENT
IN
THE
HOUSE
OF
COMMONSDÉPOT
DU
LEADER
DU
GOUVERNEMENT
A
LA
CHAMBRE
OES
COMMUNES
,
Signed
by
Mr.
Tom
Lukiwski
PRiNT
NAME
OF
SIGNATORY
INSCRIRE
LE
NOM
DU
SIGNATAIRE
SIGNATURE
MlNlSTEROR
PAFJ.lAMENTARYSECRETARYMINISTRE
ou
SECRÉTAIRE PARLEMENTAIRE
SEP
1'7
2012
.
(TABLED
FORTHWITH
1
DÉPOSÉ AUSSITÔT)
.
\
LI8RARY
OFPARLIAMENT
SEP
1 8
2012
BIBLIOTHÈQUE
DUPARLEMENT
SEP
1 7
2012
S~PAPER
DOCUMeNT PAALEWerrAiRE
~5S.S:-_Y.LL-:
1-:tL
___
_
HOUSe
OF
~.«)NS
CHAiVISRE
DES
~NE8
 
INQUIRY OF MINISTRYDEMANDE DE RENSEIGNEMENT AU GOUVERNEMENT
PREPARE
IN
ENGLISH AND
FRENCH MARKING
"ORIGINAL TEXT"
OR
"TRANsLATION"
PRÉPARER
EN
ANGLAIS
ET
EN
FRANÇAIS
EN
INDIQUANT
"TEXTE ORIGINAL"
OU
"TRADUCnON"
QUESTIONNO./N
c
DE
LA
QUESTION
SY/DE
DATE
Q-771
QUESTION
Mr. Scott (Toronto-Danforth)Hon. Peter MacKay
PRINT
NAME
OF
SIGNA TORY
INSCRiRE
lE
NOM
ou
SiGNATAIRE
June 19, 2012
REPlY
BY
THE MINISTER OF NATIONAL OEFENCERÉPONSE
DU
MINISTRE DE LA DÉFENSE NATIONALE
SIGNATURE
."}..
MlNISTER
OR
PA!'lUAMENTARY
SECtŒJr
ARY
MIN!STRE
OU
SECR!:TAtRE
PARLEMENTAIRE
With respect to
the recently
pUblished
document
Building Resilience
against T
erroHsm:
Canada
'$
Counter-
Teltorism Strategy
("the Strategy")
and
the testimony on June
5;
2012,
of
the Minister
of
Public Safety and
two
of
his officiais
before
the PublicSafety Committee on the Stratègy:
(a)
what
was
the process by which the Strategy
was
plé;mned
and generated,
from
date
of
conception (i.e.
when it
was
decided to
produce
a strategy document) to the
date
of
release, including (i)
whichunit,
branch
or
agency within
the Department
of
Public'Safety took
thelead,
and
what
other units, branches
or
agencies
of
the
Ùepartnient
were closely involved,
See
full
text
of
the
question
attached.
REPl
Y
1
RÉPOt~SE
ORIGINAL
TEXT
TEXTE
OR:Glf.lAl
ïRANSLA
TlON
TRADUCTION
D
(q)
The Communications Securlty Establishment Canada (CSEC)
ts
prohibited
by
law
fram
directing its activities
at
any
person inCanada
or
Canadians
anywhere, and
cannot
ask
its international partners, including the Five
Eyes
allies, to
act
in
ways
thatcircumvent this legal restriction. .Five Eyes allies, in
their
own
national ioterests
as
sovereign states. can lawfully collect intelligence in accordance with their own
domestic
laws while respecting the long-standing convention not to
target
the communications
of
one
another.With respect
to
Five
Eyes
reporting derived from a communication
where
both
or
ail
communicants
were in
Canada
at
the
time
the communications occurred;
in
accordance
with CSEC's legal mandale
CSEC does not
pursue
the
receipt
of
such
intelligenceand has clearly expressed its expectations
to
partner agendes.
.
. 2/
 
0.·771
-
With respect to the recently published document
Building
Resilience
against
Terrorism:
Canada's Counter-
Terrol1sm
Strategy
("the Strategy") and the testimony' on June
5,
2012.
of
the Minister
of
Public Safety and two
of
his officiais before the -Public Safety Committee on the Strategy: (a)
whatwas
the process by which the Strategy
was
planned and generated, from date
of
conception (i.e. when it was.decided to produce a strategy,document) to the date
Of
release, including
(i)
which unit, branch oragency within the Department
of
Public Safety took the lead, and what other u nits , branches
or
agencies
of
the Department wereclosely involved, (ii) were other departments consulted and.
if
so, which units, branches
or agendes
withÎn those departmentswere involved;
(b)
did the planning process for the Strategy include conducting 'Iessons learned' or similar reviews
or
studies
of
counter-terrorism policy and operations since September 11. 2001, including with respect to intelligence policy and operations
in
Afghanistan, and/or were reviews
or
studies that were done outside the Sttategy's own ·planning process drawn upon informulating the Strategy, including with respect ta Afghanistan;
(c)
with respect to studies and reviews mentioned ln
(b),
(i)
what
are their names
or
titles, (ii) on which dates were they conducted, (ii) what were the authoring governmental units. branches
or
agendes responsible
for
the said studies and reviews;
(d)
have there been reviews
or
studies
of
lessons learned from theAfghanistan experience that will be used-for future coUriter-terrorism policy, notably with respect
ta
how
counter-terroristintelligence interacts with military operations and Imperatives;
(e)
did the reviews and studies referred to in
{d}
include a
reviewor
a study
of
the lessons learned with respect to the interaction of CSIS operatives who
Were
in theatre with Defence Intelligence,Communications Security Establishment Canada (CSEC) and other intelligence operatives who were also working in theatre;
(f)
has the Security and Intelligence Reviev; Committee conducted reviews and studies
on
the raie
of
CSIS in Afghanistan including,but not limited to, reviews
Çlnd
studies relevant to CSIS relations to the National Directotate
of
Security concerning transfer andinterrogation
of
detainees;
(g)
what
was the nature, timing and process
of
each review
or
study identified in
(f),
and
what
are thedetails regarding the relevant documents or summaries;
(h)
has the government conducted a review
to
identify
what
can belearned concerning
what
the Strategy identifies as the challenge
of
"increasing interaction with non-traditional partners" (p. 17) asa result
of
the interactions
of
CSIS, Defence Intelligence and CSEC with Afghanistan's National Directorate
of
Security (NOS},and,
if
50,
what
are the lessons learned
Or
conclusions
of
any such review;
(1)
with regard to the recommendations in the recentConcluding Observations
of
the UN Committee against Torture, will the
govefnment
implement any aspects
of
Justice O'Connor'sArar Inquiry report with respect to oversight
of
intelligence agencies, including RCMP intelligence,
in
addition to measures alreadytaken, and (i) if
SO,
which aspects, (ii)
if
not, why not;
(J)
given that on page 9
of
the Strategy uenvironmentaHsm" is lîsted as oneadvocacy area that can generate "extremism" leading to terrorîsm. has the government
conch,Jded
thaï
any envirohmental groupcurrently present in Canada
is
"extremist"
in
this sense;
(1<)
does the mandate
of
the ihtegrated national security enforcementteam include the protection
of
the Canadian oil and gas industry and its employees from environmental "extremism" that turns intoterrorism,
as
described
in
the Strategy;
(/)
in
its planning process for the Strategy, jjid
th!=
gavernment study
how
Bill C-304,
An
Act to amend the Canadian Human Rights Act (protecting freedom), and specifically its clause to tepeal section
13
of
the CanadaHuman Rights Act, could affect the Strategy's goal
of
establishing "stronger laws against ... hate propaganda
rt
(p. 32), and,
if
sa,what were the government's conclusions:
(m)
is Bill C-30, An
Act
to enact the Investigating and Preventing Criminal ElectronicCommunications Act and fo amend the Criminal Code and other Acts, a part
of
Canada's counter-terrorlsm strategy, and,
if
$0,
why was
it
not
inoluded in the Strategy;
(n)
is Bill C-31, An Act to amend the Immigration and Refugee Protection Act, theBalanced Refugee Reform Act, the Marine TransportationSecurity Act anq the Department
of
Citizenship and Immigration Act, apart
of
Canada's counter-terrorlsm strategy; and, if so, why was it not included
in
the Strategy;
(0)
win further legislatiorr-be
put
forward to implement
tHè
Strategy and, if sa, on what matters and with what purposes;
(p)
with respect to
the
the Strategy'sstatement concerning the Libération Tlgers
of
Tamil Eelam (L TTE) and the importance that the group is "not alfowed to rebuild in_Canada in order to engage in terrorist act/vities,"
(p.
8)
1
(i) why does the Strategy refer ta conduct that predated the end
of
thecivil
war
in 2009 (Le,. the 2008 conduct
of
an L TTE fundraiser. for which he was convicted after the
war
in
2010) ta iIIustrate theconcern about the L
TTE
rebuilding, (ii) does the government possess information that suggests that the L TTE is
in
the
proCéS$
of
rebuildîng in Canada for purpose
of
terrorist activities; and
(q)
has
Canada
ever accepted communications intelligence
from
one
of
the
traditional
"Five
Eyes"
allies
mentioned in Minister Toews' testimon)'
trom
June
5, 2012,
where
that
intelligence consisted
of
communications
that
took
place
between
persons
both or
ail
of
whom
were
within
Canada
at
the
Ume
the communications
occurred?

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