Parliamentary Committee Notes: CSIS Warrant Application Process
CSIS Use Of Threat Reductions Measures In The 2019 Federal Election
Under the Canadian Security Intelligence Service Act, the Minister of Public Safety is responsible for approving warrant applications to investigate threats to the security of Canada, before they are presented to the Federal Court for final approval.
The Federal Court has the authority to approve or deny warrant applications, in addition to placing conditions on CSIS regarding the application or use of warranted powers.
This extraordinary step is taken when there are reasonable grounds to believe that intrusive powers are required to investigate the threat, and that other less intrusive investigative procedures have been tried or are unlikely to succeed.
In general, the use of warranted powers is not to be taken lightly. In reviewing an application to the Federal Court, the Minister must be satisfied that the proposed warranted powers are reasonable in the circumstances. This requires diligence and careful consideration. Warrants that touch on Canadian fundamental institutions require an even higher level of consideration.
I cannot comment on specific applications for national security reasons.
Background
On May 19, 2023, the Globe and Mail published an article stating that Minister Blair took "several months" to sign off on clandestine surveillance of former Ontario cabinet minister Michael Chan after the Canadian Security Intelligence Service (CSIS) sought a warrant.
The article, citing an unidentified source, states that Mr. Chan had been a CSIS target of investigation because of his alleged links to the People's Republic of China consulate in Toronto and association with proxies of Beijing. Furthermore, the article alleges that Mr. Chan has been linked by CSIS to Chinese diplomat Zhao Wei.
According to the article, approval of the warrant was delayed by four months, which "left little time" for CSIS to carry out its investigative activities prior to the 2021 federal election.
Communications director Annie Cullinan, quoted in the article, indicated that the "signing of a warrant application under the CSIS Act is a serious action that requires due diligence on the part of the Minister", and that "it is standard practice to review the information available and clarify any outstanding questions or concerns prior to the authorization of such an application."
Under the CSIS Act, if the Director believes, on reasonable grounds, that a warrant is required to enable CSIS to investigate a threat to the security of Canada, the Director must seek the Minister's approval prior to filing the warrant application in Federal Court.