NCJ Number
81038
Date Published
1981
Length
1229 pages
Annotation
This Canadian report deals with provisions of the Official Secrets Act, including search and seizure, the interception and seizure of communications, the definition of the term 'security of Canada,' and the control of the Canadian Government's security activities.
Abstract
A general analysis of the need for security, including an interpretation of the phrase 'security of Canada,' is presented, along with a detailed statement of the democratic norms which a security system ought to protect and must not violate in the process. The organizational response of the Government to this need is reviewed, including the relevant legislation, the current structure of the Royal Canadian Mounted Police (RCMP), and the historical evolution and current organization of the Security Service. The current roles in the Canadian security system played by the Security Service itself, the RCMP, other Federal departments and agencies, the Cabinet, and the interdepartmental committees are also considered. The report examines activities engaged in by members of the RCMP which might be described as institutionalized wrongdoings. These practices include improper acts of a deceitful character, surreptitious entries, electronic surveillance, mail checks, access to and use of confidential information, physical surveillance, violation of the law by undercover operatives, and acts beyond the Security Service mandate. Justifications for these activities and legal and policy defenses put forth by participants are considered. In addition, a 'manual' encompassing the role, functions, and methods of a security intelligence agency is presented. The manual covers the scope of security intelligence; information collection methods; the circumstances in which the agency ought to be allowed to function outside Canada; and the relationships the agency ought to have with foreign agencies, other Federal departments, and Provincial and municipal authorities. The report also deals with management and personnel policies the agency should adopt internally and how the agency should be structured to fulfill its mandate most effectively. Various internal and external control systems for the agency are outlined. The final section contains proposals for improving the RCMP's policing function. Chapter notes and references and a bibliography of about 400 citations are provided. Supplemental materials are appended.