March 21, 2005
CSIS credibility in question
by Guidy
Mamann
This week CSIS earned many critics when a judge
determined that
the spy agency destroyed critical evidence rather than turn
it over
to the RCMP which was also investigating the Air India
bombing.
Such critics of the agency are already found within
immigration
circles.
The main objective of the Canadian Security Intelligence
Service
(CSIS) is to investigate and report on threats to the
security of
Canada. When the immigration department wishes to
investigate the
background of a foreigner or permanent resident it
subcontracts the
investigation to CSIS.
These investigations are not limited to situations where
there is
a suspicion that the person has actually done anything that
would
make him inadmissible to Canada. If the person fits a
certain
profile, such as by gender, age, nationality, religion,
affiliation,
profession, countries of residence or travel, etc., his file
is
handed to CSIS for investigation. For sure, this referral
will delay
the application for many months, and possibly years, while
CSIS
researches this person's background. CSIS will report its
findings
to the immigration department which will then decide if the
applicant is admissible to Canada.
CSIS has no power to accept or reject an immigration
application.
However, CSIS effectively holds a veto on the application
since the
immigration department will not approve an application until
CSIS
has submitted its report.
Sometimes, CSIS gives advanced notice of interviews and
allows
counsel to attend these interviews. However, it refuses to
allow
these sessions to be recorded. Accordingly, I usually take
an
articling student with me to make duplicate verbatim notes
of
everything said at the interview. These notes are critical
to rebut
any incorrect information which may later surface in the
officer's
report.
The evidence that CSIS gathers is critical because it can
be used
to detain a person indefinitely without charge if the
agency's
report persuades the government that it ought to issue a
national
security certificate labeling that person a threat to
Canada.
In my opinion, while its mandate is a legitimate one,
CSIS can
and does abuse its position of superiority in its
immigration
dealings.
Often, questions asked at CSIS interviews focus on
religious
beliefs and not on behaviour. Sometimes, these interviews
are used
not to probe the applicant but to further another
investigation.
Clients are routinely asked for a list of friends and
business
associates.
Some clients report that CSIS visited their homes in the
middle
of the night unannounced to interrogate them. This technique
creates
an un-Canadian climate of fear and intimidation and hinders
the
person's ability to seek the assistance of counsel.
Some clients co-operate in the absence of counsel through
false
promises of assistance in getting their immigration
application
accepted.
Recently, immigration lawyer Barbara Jackman publicly
accused
CSIS of intimidating people who had offered to put up bail
for those
who the government deemed a risk to national security. If
CSIS can
destroy evidence relating to the biggest terrorist
investigation in
Canadian history, what accusation can be made against the
agency
that is not worthy of belief?
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