Oversight finds gaps in sharing information with foreign entities that could risk torture
Federal watchdog warns that sharing information with foreign entities may risk complicity in torture and urges agencies to tighten safeguards and risk reviews.
Canada’s independent intelligence watchdog says federal agencies need stronger checks when sharing information with foreign entities to ensure such exchanges do not contribute to torture or cruel treatment. The Office of the Surveillance of National Security and Intelligence Activities (OSSNR) reviewed cases from 2023 and concluded that existing safeguards were inconsistently applied, creating a potential risk when information reaches partners in conflict zones. The report underscores obligations under international human-rights law and calls for clearer procedures and more robust risk management by Canadian agencies.
Oversight agency flags inconsistent application of safeguards
The OSSNR report, released this week, found that the legal prohibition on sharing information that creates a substantial risk of torture is not always implemented in a uniform or effective way. The agency noted that while the law allows information sharing if risks are identified and mitigated, practical obstacles often make adequate mitigation difficult to achieve. The watchdog says those obstacles leave room for error and place detainees at potential risk when Canadian information is transferred overseas.
Five 2023 cases involved communications with parties in armed conflict
In its review of 2023 activity the OSSNR examined five case files that involved communications directed to foreign entities engaged in armed conflict. Those cases formed the basis of the office’s assessment of how federal agencies apply statutory safeguards and attach conditions to shared material. The report highlights that the context of armed conflict complicates the ability of Canadian agencies to verify how information will be used once transferred abroad.
Three federal agencies identified with potential shortcomings
The OSSNR singled out three federal bodies — the Canadian Security Intelligence Service (CSIS), the Royal Canadian Mounted Police (RCMP) and Immigration, Refugees and Citizenship Canada (IRCC) — as possibly not having fully met statutory guidance in some instances. The watchdog said CSIS attached warnings and assurances to some disclosures that were formulated in ways the OSSNR judged to be inadequate. The report did not allege deliberate wrongdoing but called attention to gaps that require remediation to meet legal standards.
Legal framework tied to Convention against Torture
Canada’s law prohibits federal agencies from sharing or using information when doing so would create a substantial risk that a person detained abroad could be tortured or otherwise ill-treated. This strict prohibition aligns with Canada’s international obligations under the Convention against Torture and other human-rights treaties. The OSSNR emphasized that safeguards must be applied not only to meet domestic law but to uphold Canada’s commitments to eliminate the use of torture in all circumstances.
Operational realities create difficult judgment calls for agencies
The watchdog acknowledged that operational realities — such as incomplete information about foreign detention systems, fast-moving security situations and the need to cooperate with partners for humanitarian or security reasons — place agencies in a difficult position. The OSSNR concluded these realities can produce dilemmas where the intent to assist or to gather intelligence collides with the legal duty to avoid complicity in mistreatment. The report warned that relying on conditional warnings alone may be insufficient when information flows into jurisdictions with weak human-rights protections.
Recommendations call for studies, clearer standards and risk management
To address the gaps identified, the OSSNR asked CSIS, the Department of National Defence, Global Affairs Canada, IRCC and the RCMP to undertake a joint study of information-sharing practices with entities from countries involved in armed conflicts. The watchdog recommended clearer criteria for assessing substantial risk, stronger protocols for attaching and enforcing conditions on shared information, and improved mechanisms to track downstream dissemination. It also urged enhanced training and oversight to ensure that risk assessments are rigorous and consistently applied.
Agencies named in the report have not all publicly responded to the OSSNR’s findings, and the watchdog said CSIS had not yet commented on the office’s specific conclusions. The recommendations aim to prompt interdepartmental action to reconcile operational needs with legal and moral obligations.
The OSSNR’s report frames the issue as both legal and practical: protecting people from torture requires legal clarity, institutional accountability and operational tools that allow agencies to partner internationally without relinquishing responsibility for how Canadian-origin information is used. Federal decision-makers now face the task of implementing the study and reforms recommended by the watchdog to reduce the risk that information sharing could contribute to abuse abroad.
