Alleged false statements

Report 2006–04

SIRC reported a decision on a complaint made pursuant to Section 41 of the CSIS Act by Human Concern International (HCI), alleging that the Service made a false statement to the Federal Court of Canada, via the Minister of Public Safety and the Minister of Citizenship and Immigration. It was further alleged that a document filed by both Ministers was based on CSIS information that the Service knew—or ought to have known—would impugn the character, reputation and standing of the complainant. Furthermore, HCI maintained that not being party to the court proceedings meant there was no formal opportunity to challenge a statement by the Service that was later published in two Canadian newspapers.

Upon receipt of this complaint, SIRC encouraged the two parties to seek an alternative resolution of this dispute. When these discussions failed, SIRC undertook its own investigation. It found that the Service had made an unsubstantiated allegation about the complainant in its advice to the Ministers of Public Safety and Citizenship and Immigration which was in turn presented to the Federal Court. As well, SIRC found that CSIS knew that reliance would be placed on its advice by both the Ministers of Public Safety and Citizenship and Immigration, as well as the Federal Court. For this reason, and since HCI was not given an opportunity to respond to the impugned statement, CSIS should have taken care to avoid making an unsubstantiated statement which could lead to injury or loss of support and funding.

Recommendations

SIRC recommended that:

·      CSIS formally retract this particular statement and that it do so by informing the Minister of Citizenship and Immigration, the Minister of Public Safety, the Federal Court of Canada and the publishers of two newspapers; and

·      CSIS apologize to HCI for having made an unsubstantiated statement.