December 18, 2013
Canada's spy agency used to be so secret that
Canadians didn't even know that it existed until a TV newsmagazine uncovered it
in the 1970s. Even then, CSEC was hardly a household name. And they liked it
that way.
Now they are hard to avoid. The Communications Security Establishment Canada has
become conspicuous as it moves into its hulking new billion-dollar building in
Ottawa, the most expensive in Canadian history.
CSEC is also becoming evident as the inner workings of the spy agency are
revealed. While their gleaming new building is imposing, their intrusion into
the privacy of ordinary Canadians is sinister and illegal.
It had languished for a while but since September 11, 2001,CSEC is revitalized
with one-half billion dollar annual budget and staff of more than 2,000.
Sure, CSEC can legally monitor foreign email, telephone conversations, and other
electronic communications, but spying on Canadians is not allowed except where
communications are with foreigners.
CSEC has very little oversight and shows scant evidence that we are getting our
money's worth. In one case they failed to stop high school friends, Xris
Katsiroubas and Ali Medlej, from London, Ont., from leading a terrorist attack
on a gas plant in Algeria.
Setting aside their dubious claim that our tax dollars actually reduce
terrorism, let's look at what CSEC is actually doing. Documents released by
Edward Snowden, whistleblower on the U.S. spy agency NSA, reveal that CSEC may
have invited NSA to spy on Canadians and world leaders at the G20 summit at
Toronto in 2010.
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We know what can happen to Canadians when such "intelligence" is shared.
U.S. officials sized Maher Arar in 2002 as he was returning from vacation
and sent him to Syria to be tortured based on incorrect information supplied
by the RCMP.
The B.C. Civil Liberties Association has filed a lawsuit against CSEC
arguing that the spy agency violates the Charter of Rights which protects
against unreasonable interception of private communications.
The BCCLA also argues that the agency's sweeping collection of personal
information, or metadata, is unconstitutional. Records obtained by The Globe
and Mail show that in 2004 a “ministerial directive and a ministerial
authorization” permitted the collection of metadata information from
Canadians. A lawyer for the BCCLA warns:
"This kind of wholesale surveillance is fundamentally incompatible with
Canadian law. Metadata information can reveal the most intimate details of
Canadian's personal lives. including relationships, political and personal
beliefs. The majority of Canadians use the Internet and telecommunications
on a daily basis, and we should be able to do so without the government
snooping on our personal information and monitoring our behaviour online."
Nonchalant Canadians may wonder what the fuss is about: "If I'm doing
nothing wrong, why should I worry?" But let's turn that logic around. If
that's true for ordinary Canadians then it's true for governments. If CSEC
is operating within the law, it's operations should be transparent and open.
Intrusive governments present a false dichotomy: chose between privacy or
safety. We are told that in order to catch criminals we must allow sweeping
intrusion. But we have yet to see compelling evidence that compromise of
civil liberties is necessary in achieving that goal.
David Charbonneau is the owner of Thompson Studio
He can be reached at
dcharbonneau13@shaw.ca
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