Appendix B: Footnotes 

1. House of Commons, Standing Committee on Justice and Human Rights Evidence, 37th Parl., 1st sess., No. 36 (30 October 2001) at 1140 (Michelle Falardeau-Ramsay, Chief Commissioner, Canadian Human Rights Commission).

2. Wesley K. Wark "National Security and Human Rights Concerns in Canada: A Survey of Eight Critical Issues in the Post-9/11 Environment, online: Canadian Human Rights Commission.

3. Throughout this report, the term "national security agencies and their monitors" is used to collectively refer to the following organizations: the Royal Canadian Mounted Police, the Commission for Public Complaints Against the RCMP, the Canadian Security Intelligence Service, the Inspector General of the Canadian Security Intelligence Service, the Security Intelligence Review Committee, the Communications Security Establishment, the Commissioner of the Communications Security Establishment and the Auditor General.

4. Emergencies Act, R.S.C. 1985, c. 22 (4th Supp.).

5. Anti-terrorism Act, S.C. 2001, c. 41.

6. Immigration and Refugee Protection Act , S.C. 2001, c. 27.

7. Charities Registration (Security Information) Act, S.C.. 2001, c. 41, Part 6.

8. Financial Administration Act, R.S.C. 1985, c. F-11.

9. See Public Safety and Emergency Preparedness Canada, 2005-2006 Departmental Performance Report (Ottawa: Public Works and Government Services Canada, 2006) at 5. This document states that CSIS does not report publicly because of national security. On March 19, 2007 the researchers were informed by Brian Pagin at the Treasury Board Secretariat that the CSE Commissioner and CSIS, though listed in the schedules to the FAA, do not prepare Departmental Performance Reports or Reports on Plans and Priorities.

10. The Canadian Multiculturalism Act, S.C. 1985, c. 24 (4th Supp.) also dictates the consideration of sensitivity to ethnic diversity in the development of programs by federal government agencies, including national security agencies. See eg. s. 3(2)(c) which states that all federal institutions, including national security agencies, shall "promote policies, programs and practices that enhance the understanding of and respect for the diversity of the members of Canadian society".

11. Insurance Corp. of British Columbia v. Heerspink, [1982] 2 S.C.R. 145 at p. 157-158.

12. See eg.: Aeronatuics Act, R.S.C., 1985, c. A-2; Air Travelers Security Charge Act, S.C. 2002, c. 9, s. 5; Animal Pedigree Act, S.C. 1985, c. 8 (4th Supp.).

13. The following are the reporting obligations under the RCMP Act: The Minister must lay before Parliament all agreements for the RCMP to provide provincial policing services (Royal Canadian Mounted Police Act, R.S., 1985, c. R-10 s. 20(5)); the RCMP External Review Committee, an independent body responsible for labour relations, must submit an annual report to the Minister (Royal Canadian Mounted Police Act, R.S., 1985, c. R-10 s. 25 & 30); and the responsible provincial minister must be informed of all complaints arising during the provision of provincial policing services (Commissioner’s Standing Orders (Public Complaints) , SOR/88-522). The complaints procedure is examined separately.

14. Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 2006 (Ottawa: Public Works and Government Services Canada, 2006); Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 2005 (Ottawa: Public Works and Government Services Canada, 2005); Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 2004 (Ottawa: Public Works and Government Services Canada, 2004); Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 2003 (Ottawa: Public Works and Government Services Canada, 2003); Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 2002 (Ottawa: Public Works and Government Services Canada, 2002); Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 2001 (Ottawa: Public Works and Government Services Canada, 2001); Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 1999 (Ottawa: Public Works and Government Services Canada, 1999); Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 1998 (Ottawa: Public Works and Government Services Canada, 1998); Royal Canadian Mounted Police, Report on Plans and Priorities 2006-2007 (Ottawa: Public Works and Government Services Canada, 2006); Royal Canadian Mounted Police, Report on Plans and Priorities 2005-2006 (Ottawa: Public Works and Government Services Canada, 2005); Royal Canadian Mounted Police, Report on Plans and Priorities 2004-2005 (Ottawa: Public Works and Government Services Canada, 2004); Royal Canadian Mounted Police, Report on Plans and Priorities 2002-2003 (Ottawa: Public Works and Government Services Canada, 2002); Royal Canadian Mounted Police, Report on Plans and Priorities 2001-2002 (Ottawa: Public Works and Government Services Canada, 2001); Royal Canadian Mounted Police, Report on Plans and Priorities 2000-2001 (Ottawa: Public Works and Government Services Canada, 2000); Royal Canadian Mounted Police, Report on Plans and Priorities 1997-1998 (Ottawa: Public Works and Government Services Canada, 1997).

15. Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 2006 (Ottawa: Public Works and Government Services Canada, 2006) at 7.

16. Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 2006 (Ottawa: Public Works and Government Services Canada, 2006); Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 2005 (Ottawa: Public Works and Government Services Canada, 2005); Royal Canadian Mounted Police, Report on Plans and Priorities 2005-2006 (Ottawa: Public Works and Government Services Canada, 2005).

17. Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 2005 (Ottawa: Public Works and Government Services Canada, 2005) at p. 69.

18. Royal Canadian Mounted Police, Departmental Performance Report for period ending March 31, 2005 (Ottawa: Public Works and Government Services Canada, 2005).

19. Canada, Special Senate Committee on Bill C-36 Evidence, 37th Parl., 1st sess., No. 2 (23 October 2001) (Giuliano Zaccardelli, Commissioner, Royal Canadian Mounted Police).

20. Canada, Special Senate Committee on the Anti-terrorism Act Evidence, 38th Parl., 1st sess., No. 10 (9 May 2005) (Senator Jaffer and Giuliano Zaccardelli, Commissioner, Royal Canadian Mounted Police).

21. ATA, now in Criminal Code, R.S.C., 1985, c. C-46, s. 83.01(1).

22. Canada, Special Senate Committee on the Anti-terrorism Act Evidence, 38th Parl., 1st sess., No. 10 (9 May 2005) (Senator Andreychuk).

23. The Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, s. 45.35(1) also states that such complaints may be filed with any RCMP member, individual appointed or employed under the Act, or any provincial police complaints body in the province where the complaint arose.

24. Commission for Public Complaints Against the RCMP, 2006-2007 Estimates: Report on Plans and Priorities (Ottawa: Public Works and Government Services Canada, 2006); Commission for Public Complaints Against the RCMP, 2005-2006 Departmental Performance Report (Ottawa: Public Works and Government Services Canada, 2006); Commission for Public Complaints Against the RCMP, 2005-2006 Estimates: Report on Plans and Priorities (Ottawa: Public Works and Government Services Canada, 2005); Commission for Public Complaints Against the RCMP, 2004-2005 Departmental Performance Report (Ottawa: Public Works and Government Services Canada, 2005); Commission for Public Complaints Against the RCMP, 2004-2005 Estimates: Report on Plans and Priorities (Ottawa: Public Works and Government Services Canada, 2004); Commission for Public Complaints Against the RCMP, 2003-2004 Departmental Performance Report (Ottawa: Public Works and Government Services Canada, 2004); Commission for Public Complaints Against the RCMP, 2003-2004 Estimates: Report on Plans and Priorities (Ottawa: Public Works and Government Services Canada, 2003); Commission for Public Complaints Against the RCMP, Annual Report 2005-2006 (Ottawa: Public Works and Government Services Canada, 2006); Commission for Public Complaints Against the RCMP, Annual Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005); Commission for Public Complaints Against the RCMP, Performance Report for the period ending March 31, 2003 (Ottawa: Public Works and Government Services Canada, 2003); Commission for Public Complaints Against the RCMP, Performance Report for the period ending March 31, 2002 (Ottawa: Public Works and Government Services Canada, 2002); RCMP Public Complaints Commission, Annual Report 1998-1999 (Ottawa: Public Works and Government Services Canada, 1999); RCMP Public Complaints Commission, Annual Report 1997-1998 (Ottawa: Public Works and Government Services Canada, 1998); RCMP Public Complaints Commission, Performance Report for the period ending March 31, 1999 (Ottawa: Public Works and Government Services Canada, 1999); RCMP Public Complaints Commission, Performance Report for the period ending March 31, 1998 (Ottawa: Public Works and Government Services Canada, 1998); RCMP Public Complaints Commission, Performance Report for the period ending March 31, 1997 (Ottawa: Public Works and Government Services Canada, 1997).

25. Commission for Public Complaints Against the RCMP, Annual Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005) at p. 7.

26. Commission for Public Complaints Against the RCMP, Annual Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005).

27. Commission for Public Complaints Against the RCMP, Annual Report 2002-2003 (Ottawa: Public Works and Government Services Canada, 2003); Commission for Public Complaints Against the RCMP, Annual Report 2003-2004 (Ottawa: Public Works and Government Services Canada, 2003); Commission for Public Complaints Against the RCMP, Annual Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2004).

28. Commission for Public Complaints Against the RCMP, Annual Report 2003-2004 (Ottawa: Public Works and Government Services Canada, 2004); Commission for Public Complaints Against the RCMP, Annual Report 2002-2003 (Ottawa: Public Works and Government Services Canada, 2003).

29. Commission for Public Complaints Against the RCMP, Annual Report 2005-2006 (Ottawa: Public Works and Government Services Canada, 2006) at p. 2 & 11; Commission for Public Complaints Against the RCMP, 2005-2006 Departmental Performance Report (Ottawa: Public Works and Government Services Canada, 2006) at p. 2 & 11.

30. Commission for Public Complaints Against the RCMP, Annual Report 2002-2003 (Ottawa: Public Works and Government Services Canada, 2003) at p. 9-10; Commission for Public Complaints Against the RCMP, 2004-2005 Departmental Performance Report (Ottawa: Public Works and Government Services Canada, 2005) at p. 2; Commission for Public Complaints Against the RCMP, 2001-2002 Estimates: Report on Plans and Priorities (Ottawa: Public Works and Government Services Canada, 2001) at p. 5 & 8.

31. Commission for Public Complaints Against the RCMP, 2005-2006 Departmental Performance Report (Ottawa: Public Works and Government Services Canada, 2005) at p. 11; Commission for Public Complaints Against the RCMP, 2003-2004 Departmental Performance Report (Ottawa: Public Works and Government Services Canada, 2004) at p. 11 & 16; Commission for Public Complaints Against the RCMP, Annual Report 2001-2002 (Ottawa: Public Works and Government Services Canada, 2002) at p. 11 & 24; Commission for Public Complaints Against the RCMP, Annual Report 2002-2003 (Ottawa: Public Works and Government Services Canada, 2003) at p. 5-6 & 9; Commission for Public Complaints Against the RCMP, Annual Report 2003-2004 (Ottawa: Public Works and Government Services Canada, 2004) at p. 4 & 12; Commission for Public Complaints Against the RCMP, Annual Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005) at p. 4; Commission for Public Complaints Against the RCMP, Annual Report 2005-2006 (Ottawa: Public Works and Government Services Canada, 2006) at p. 20-21.

32. House of Commons, Sub-Committee on Public Safety and National Security of the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness Evidence, 38th Parl., 1st sess. No. 15 (June 8, 2005) (Shirley Heafey, Commission Chair, Commission for Public Complaints Against the RCMP).

33. House of Commons, Sub-Committee on Public Safety and National Security of the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness Evidence, 38th Parl., 1st sess. No. 15 (June 8, 2005) (Shirley Heafey, Commission Chair, Commission for Public Complaints Against the RCMP).

34. Commission for Public Complaints Against the RCMP, Annual Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005). The issue of access by the Complaints Commission to police informant records of the RCMP was decided by the courts in Canada (Royal Canadian Mounted Police Public Complaints Commission) v. Canada (Attorney General), [2005] F.C.J. No. 1101 at paras. 17, 18 & 48.

35. Commission for Public Complaints Against the RCMP, Annual Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2004).

36. The powers of SIRC are discussed later in this report.

37. Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23, s. 33.

38. House of Commons, Special Committee on the Review of the CSIS Act and the Security Offenses Act, In Flux but Not in Crisis: Report of the Special Committee on the Review of the CSIS Act and the Security Offenses Act (Ottawa: Queen's Printer, 1990).

39. Canada, Solicitor General, On Course: National Security for the 1990s, The Government's Response to the Report of the Special Committee on the Review of the CSIS Act and the Security Offenses Act (Ottawa: Minister of Supply and Services, 1991).

40. Public Safety and Emergency Preparedness Canada, 2005-2006 Departmental Performance Report (Ottawa: Public Works and Government Services Canada, 2006) at 5.

41. Canadian Security Intelligence Service, Public Report 1997-1998 (Ottawa: Public Works and Government Services Canada, 1997); Canadian Security Intelligence Service, Public Report 2001-2002 (Ottawa: Public Works and Government Services Canada, 2002); Canadian Security Intelligence Service, Public Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005).

42. Canadian Security Intelligence Service, Public Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005).

43. Canadian Security Intelligence Service, Public Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005).

44. House of Commons, Sub-Committee on National Defence of the Standing Committee on Justice and Legal Affairs Evidence, 35th Parl., 2nd sess., No. 7 (June 17, 1996) (Ward Elcock, Director, Canadian Security Intelligence Service).

45. Some Committee members were concerned about whether CSIS targeted Quebec sovereigntists. See House of Commons, Sub-Committee on National Defence of the Standing Committee on Justice and Legal Affairs Evidence, 37th Parl., 3rd sess., No. 2 (May 6, 2004) (Yvan Loubier).

46. Canada, Senate, Standing Committee on National Security and Defence Evidence, 37th Parl., 2nd sess., No. 10 (February 17, 2003) (Ward Elcock, Director, Canadian Security Intelligence Service).

47. Canada, Senate, Standing Committee on National Security and Defence Evidence, 39th Parl., 1st sess., No. 2 (May 29, 2006) (Jack Hooper, Deputy Director, Canadian Security Intelligence Service).

48. Canada, Senate, Special Committee on the Anti-terrorism Act Evidence, 38th Parl., 1st sess. No. 3 (March 7, 2005) (Jim Judd, Director, Canadian Security Intelligence Service); Canada, Senate, Special Committee on the Anti-terrorism Act Evidence, 38th Parl., 1st sess., No. 18 (October 31, 2005) (Jim Judd, Director, Canadian Security Intelligence Service).

49. House of Commons, Sub-Committee on National Defence of the Standing Committee on Justice and Legal Affairs Evidence, 37th Parl., 3rd sess., No. 2 (May 6, 2004) (Ward Elcock, Director, Canadian Security Intelligence Service).

50. Inspector General of the Canadian Security Intelligence Service, Certificate of the Inspector General – 1996, Public Safety and Emergency Preparedness Canada; Inspector General of the Canadian Security Intelligence Service, Certificate of the Inspector General – 1995, Public Safety and Emergency Preparedness Canada; Inspector General of the Canadian Security Intelligence Service, Certificate of the Inspector General – 1994, Public Safety and Emergency Preparedness Canada.

51. Inspector General of the Canadian Security Intelligence Service. Certificate of the Inspector General – 2001, Public Safety and Emergency Preparedness Canada.

52. Canadian Human Rights Act, R.S.C, 1985, c. H-6, s. 45.

53. Security Intelligence Review Committee, Departmental Performance Report for the period ending March 31, 2006 (Ottawa: Public Works and Government Services Canada, 2006) at p. 5.

54. Security Intelligence Review Committee Annual Report, Annual Report 2005-2006 (Ottawa: Public Works and Government Services Canada, 2006); Security Intelligence Review Committee Annual Report, Annual Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005); Security Intelligence Review Committee Annual Report, Annual Report 2003-2004 (Ottawa: Public Works and Government Services Canada, 2004); Security Intelligence Review Committee Annual Report, Annual Report 2002-2003 (Ottawa: Public Works and Government Services Canada, 2003); Security Intelligence Review Committee Annual Report, Annual Report 2001-2002 (Ottawa: Public Works and Government Services Canada, 2002); Security Intelligence Review Committee Annual Report, Annual Report 2000-2001 (Ottawa: Public Works and Government Services Canada, 2001); Security Intelligence Review Committee Annual Report, Annual Report 1999-2000 (Ottawa: Public Works and Government Services Canada, 2000); Security Intelligence Review Committee Annual Report, Annual Report 1998-1999 (Ottawa: Public Works and Government Services Canada, 1999); Security Intelligence Review Committee Annual Report, Annual Report 1997-1998 (Ottawa: Public Works and Government Services Canada, 1998); Security Intelligence Review Committee Annual Report, Annual Report 1996-1997 (Ottawa: Public Works and Government Services Canada, 1997).

55. Security Intelligence Review Committee Annual Report, Annual Report 1997-1998 (Ottawa: Public Works and Government Services Canada, 1998).

56. Security Intelligence Review Committee Annual Report, Annual Report 2003-2004 (Ottawa: Public Works and Government Services Canada, 2004).

57. Security Intelligence Review Committee Annual Report, Annual Report 2005-2006 (Ottawa: Public Works and Government Services Canada, 2006); Security Intelligence Review Committee Annual Report, Annual Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005); Security Intelligence Review Committee Annual Report, Annual Report 2003-2004 (Ottawa: Public Works and Government Services Canada, 2004); Security Intelligence Review Committee Annual Report, Annual Report 2002-2003 (Ottawa: Public Works and Government Services Canada, 2003); Security Intelligence Review Committee Annual Report, Annual Report 2001-2002 (Ottawa: Public Works and Government Services Canada, 2002); Security Intelligence Review Committee Annual Report, Annual Report 2000-2001 (Ottawa: Public Works and Government Services Canada, 2001); Security Intelligence Review Committee Annual Report, Annual Report 1999-2000 (Ottawa: Public Works and Government Services Canada, 2000); Security Intelligence Review Committee Annual Report, Annual Report 1998-1999 (Ottawa: Public Works and Government Services Canada, 1999); Security Intelligence Review Committee Annual Report, Annual Report 1997-1998 (Ottawa: Public Works and Government Services Canada, 1998); Security Intelligence Review Committee, Departmental Performance Report for the period ending March 31, 2003 (Ottawa: Public Works and Government Services Canada, 2003).

58. House of Commons, Standing Committee on Public Safety and National Security Evidence, 39th Parl., 1st sess., No. 18 (November 1, 2006) (Gary Filmon, Chair, Security Intelligence Review Committee); Canada, Senate, Special Committee on Bill C-36 Evidence, 37th Parl., 1st sess. No. 2 (October 23, 2001) (Gary Filmon, Chair, Security Intelligen ce Review Committee); House of Commons, Sub-Committee on National Security of the Standing Committee on Justice and Human Rights Evidence, 37th Parl., 1st sess. No. 2 (March 13, 2002) (Paule Gauthier, Chair, Security Intelligence Review Committee).

59. Canada, Senate, Special Committee on Bill C-36 Evidence, 37th Parl., 1st sess. No. 2 (October 23, 2001) (Paule Gauthier, Chair, Security Intelligence Review Committee).

60. House of Commons, Sub-Committee on Public Safety and National Security of the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness Evidence, 38th Parl., 1st sess., No. 15 (June 8, 2005) (Tim Farr, Associate Executive Director, Communications Security Establishment).

61. House of Commons, Sub-Committee on National Security of the Standing Committee on Justice and Legal Affairs Evidence, 35th Parl. 2nd sess., No. 4 & No. 10 (May 15, 1996 & December 3, 1996) (Langlois).

62. ATA, now in National Defence Act, R.S.C. 1985, c. N-5, ss. 273.61-273.7

63. As noted above, the CSE does not report pursuant to the FAA.

64. House of Commons, Standing Committee on National Defence and Veterans Affairs, 37th Parl., 3rd sess., No. 6 (March 30, 2004) (Kevin Coulter, Chief, Communications Security Establishment).

65. National Defence Act, R.S.C. 1985, c. N-5, s. 273.63(3)

66. Communications Security Establishment Commissioner, Annual Report 2004-2005 (Ottawa: Public Works and Government Services Canada, 2005); Communications Security Establishment Commissioner, Annual Report 2000-2001 (Ottawa: Public Works and Government Services Canada, 2001); Communications Security Establishment Commissioner, Annual Report 1999-2000 (Ottawa: Public Works and Government Services Canada, 2000); Communications Security Establishment Commissioner, Annual Report 1998-1999 (Ottawa: Public Works and Government Services Canada, 1999); Communications Security Establishment Commissioner, Annual Report 1997-1998 (Ottawa: Public Works and Government Services Canada, 1998); Communications Security Establishment Commissioner, Annual Report 1996-1997 (Ottawa: Public Works and Government Services Canada, 1997).

67. Communications Security Establishment Commissioner, Annual Report 1997-1998 (Ottawa: Public Works and Government Services Canada, 1998).

68. Canada, Senate, Special Committee on Bill C-36 Evidence, 37th Parl., 1st sess., No. 1 (October 22, 2001) (Claude Bisson, Commissioner, Office of the Commissioner of the Communications Security Establishment); House of Commons, Standing Committee on National Defence and Veterans Affairs Evidence, 37th Parl., 3rd sess., No. 8 (April 20, 2004) (Antonio Lamer, Commissioner, Office of the Commissioner of the Communications Security Establishment); Canada, Senate, Special Committee on the Anti-terrorism Act Evidence, 38th Parl., 1st sess. No. 13 (June 13, 2005) (Antonio Lamer, Commissioner, Office of the Commissioner of the Communications Security Establishment).

69. Auditor General Act, R.S.C. 1985, c. A-17, s. 5.

70. See Auditor General Act, R.S.C. 1985, c. A-17, s. 7.