When I asked the Canadian Security Intelligence Service (CSIS) whether it has files on me or DeSmog Canada, I got a response that's been used as a non-answer by government spokespeople and celebrity publicists for 40-plus years: We can "neither confirm nor deny" the records exist.

The intelligence body doesn't have to disclose such information because it's exempt from Canada’s Access to Information legislation since it relates to “the detecting, preventing or suppressing subversive or hostile activities.”

Hmph. Some part of me was expecting them to simply say "no." While non-denial denial responses like this are pretty par for the course when dealing with intelligence services — the phrase was first conjured up during a clandestine CIA submarine operation in the 1970s — it's disconcerting in light of the federal government’s proposed anti-terrorism bill C-51, which would increase the powers of CSIS and its role in government-sponsored spying.

As others have pointed out, bill C-51 will allow dangerously strong measures to be taken against even perceived terror threats or individuals that pose a threat to Canada’s critical infrastructure, such as pipelines, or the nation’s financial security.

The language in bill C-51 has been roundly criticized for being so broad that it endangers the democratic rights of Canadian citizens and their ability to engage in legitimate dissent. Under the new legislation, CSIS could foreseeably monitor the activities of ordinary Canadians participating in community organizing, climate activism, blockades, strikes or pipeline protests.

As a recently leaked RCMP intelligence report highlights, environmental and First Nation groups are already targeted for surveillance in Canada and are being characterized (some say hyperbolically) as “violent anti-petroleum extremists.”

As an editor at a news outlet that routinely reports on energy and environment issues directly related to "critical infrastructure," I thought it sensible to submit two requests to CSIS through the Access to Information and Privacy Act to see if any records came back.

For the record, I have no particular reason to think CSIS is monitoring either me or DeSmog Canada. To be sure, they have no legitimate reason to. But I find the inability to know whether we've been swept up in the spy agency's wide net concerning, as many other Canadians likely would.

Unfortunately, when it comes to CSIS, Canadians can expect very little transparency, a cause for additional concern when you recall Harper eliminated the position of the CSIS watchdog in 2012. The only overview of CSIS is handled by the Security Intelligence Review Committee (SIRC), a body comprised of part-time appointees with limited resources that assess CSIS operations after-the-fact.

DeSmog Canada's CSIS Privacy Request for Editor Carol Linnitt by DeSmog Canada

DeSmog Canada's CSIS Access to Information Request by DeSmog Canada

I reached out to Vincent Gogolek, executive director of the B.C. Freedom of Information and Privacy Association (FIPA), to see what he makes of these responses from CSIS.

"It certainly looks like the way the law is being interpreted there really aren't any 'citizens above suspicion,’” Gogolek said. “Or at least CSIS apparently won't confirm or deny” if such citizens exist.

Gogolek said it’s fair CSIS wouldn’t want to release information relevant to an ongoing investigation through the Access to Information process, but added, “likewise they shouldn't use this as a blanket excuse to refuse to release information."

Access to Information Act Gutted Under Harper 

Reg Whitaker, distinguished research professor emeritus at York University and adjunct professor of political science at the University of Victoria, is a national security expert who has written several books on the topic including The End of Privacy: How Total Surveillance is Becoming a Reality.

Whitaker said when it comes to transparency, the Harper government has successfully gutted the Access to Information and Privacy Act over the last several years.

“Their idea is: you let out as little as possible, you make it as difficult and you make it as expensive as you can to make it difficult to use the Act in the first place,” Whitaker said.

“That’s not necessarily related to CSIS or the RCMP or surveillance of ongoing movements,” he conceded. “There’s just a general tendency that they are trying to stop up the flow of information about what they’re doing generally across the board.”

But when it comes to CSIS, Whitaker said, “there’s this extra sensitivity, obviously.”

As the Harper government looks to expand the power of CSIS under the name of “counter-terrorism,” Whitaker said, “we know they are focusing on activist groups and certainly anti-pipeline groups, or more generally groups focused on resource issues and mega projects that have the highest priority in this government.”

“They will always claim that they’re only focusing on the potential for violence, therefore it falls into the category of terrorism. But there’s no way they can carry on the surveillance of potential violent activity of these groups without spying on these groups.”

“They are doing it and they’re very sensitive about trying to make sure there is as little information getting out there as possible,” he said.

But information still has a way of getting to the public, Whitaker added, such as the leaked RCMP intelligence report first published on DeSmog Canada.

Whitaker acknowledges there is no way to know if myself or DeSmog Canada is being monitored by CSIS.

“I don’t know if in your case that what’s happened with your request signifies you’re a target,” he said. “It could well be that you’re not. But they’re going to give you the same answer whether you had been a target that sought their files, or someone who wasn’t but thought they might be.”

RCMP and CSIS Risk Losing Social Licence

And that’s a problem, Whitaker said, arguing the outcome of a surveillance campaign like this will be growing social mistrust.

“The implications are not going to be good for social licence,” he said. “It’s a pretty fuzzy concept, but it’s a phrase that is used a lot these days.”

Whitaker said it is clear pipeline proponents Enbridge and Kinder Morgan have lost their social licence with individuals worried about the environment, First Nations and “generally the population of British Columbia feeling they’re having these juggernauts rammed down their throats.”

In much the same way, the RCMP and CSIS risk the social licence they require to adequately address real security threats.

“With CSIS and the RCMP in fighting terrorism, it’s very important, I think, that they — and in their more lucid moments they’d agree, I’m sure — that they have social licence.”

But with the looming implications of Bill C-51 both CSIS and the RCMP put their social licence at risk.

“What they’re in danger of doing now as bill C-51 goes through and their powers get greatly expanded and the definition of what they’re looking at is being expanded so broadly, well beyond terrorism in fact…they are going to seriously lose that social licence with a much larger proportion of the Canadian population.”

The loss of public support is something “they ought to be very worried about,” Whitaker said, adding it’s unclear “how much they are being pushed by the present government to focus on the quote-unquote anti-petroleum movement, etc. and how much is coming from within CSIS and the RCMP.”

“But certainly pressure has been coming from government.”

Image Credit: Emory Allen via Flickr

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This article is re-published with permission from mikedesouza.com

As some of you may know, I’ll be starting a new role in January 2015 as an investigative resources correspondent for Reuters.

Getting access to records about government decisions and policies has long played a key role in the work of many journalists around the world. It will also be a key element for me in the weeks, months and years to come.

So to end off 2014, here are a few examples of some of my recent experiences with government efforts to either release or hide information.

Canada’s information watchdog has noted that the Supreme Court of Canada recognizes access to information as a quasi-constitutional right of all Canadians.

Obtaining access to information is an extension of freedom of expression since it allows the population to be informed and speak about government policies and decisions on how these governments spend public money.

Deleted records at the Canada Revenue Agency

The Canada Revenue Agency took more than a day to answer some basic questions about its decision to delete some instant messaging records of its employees.

You can find my report on this case over here in the Toronto Star.

The CRA declined to answer some of my questions directly, including whether it had verified whether any of the information deleted was of “business value.” By law, all Canadian government organizations are required to preserve records of “business value.”

When I asked some simple follow up questions – including whether any of its senior officials or media officers ever communicate with the minister or with Conservative political staffers in her office using text messages – the CRA called to complain that it wasn’t reasonable for me to ask these questions and expect them to respond within a couple of hours.

The Canada Revenue Agency instructs bureaucrats to delete logs and disable future logging of instant messages of its employees.

More than a week after I first asked questions and requested an interview with its commissioner, the CRA confirmed it was logging Internet activity of its employees – including on their mobile devices – in case it needed this information to review potential cases of misconduct, but that it wasn’t logging their text messages. Why does it keep one set of logs and not the other?

The CRA declined to answer this question.

You can find some of the emails detailing the CRA instructions to delete records of instant messages over here.

Foreign Affairs: This reporter’s question is “undeserving of a response”

Last summer, Canada’s Department of Foreign Affairs, Trade and Development wasn’t providing a lot of information about its relationship with the American Legislative Exchange Council. The council, also known as ALEC, is a secretive organization. It benefits from charitable status based on its mandate to “educate” U.S. state legislators by connecting them with corporations to draft model pieces of legislation.

A series of high-tech firms including Google left ALEC in recent months because it continued to host discussions of people without scientific credentials that cast doubt about peer-reviewed research showing the link between human activity and climate change.

“I will suggest we decline the two requested interviews.” – John Babcock, spokesman for Canadian Department of Foreign Affairs, Trade and Development.

Canadian diplomats have had some exchanges with members of ALEC as part of the federal government’s efforts to promote the oilsands and TransCanada’s Keystone XL pipeline. But senior diplomats declined to grant interviews, which led me to write a series of detailed questions to the department in writing.

The department sent me some general and vague statements about who Canadian diplomats were meeting and what they were discussing.

In response to questions asking for details about diplomatic discussions with lobbyists on energy issues, a Canadian government spokesman recommended evasive answers before getting feedback from diplomats about whether they had the answers. This spokesman told his colleagues in internal e-mails that he believed I was “attempting to make specious connections.” He also said one of my questions was “undeserving of a response.”

He also suggested declining the interview requests, without even knowing the answers to the questions raised.

One Canadian diplomat also sent an e-mail to other officials in the department asking them to tell the journalist that she was “not available” for an interview.

You can find these internal e-mails here.

Transport Canada’s vacant rail safety positions

Over a span of several weeks, Transport Canada declined to answer a series of basic questions about critical positions that are vacant in its rail safety and dangerous goods divisions – vacancies that appear to date back to at least 2009.

It confirmed it had vacant oversight and inspector positions within its dangerous goods and rail safety divisions but it declined to identify them or even confirm whether it knew exactly how many of these positions were vacant.

After Reuters reported on internal records detailing these vacancies, the federal New Democrats attempted to raise the issue in Parliament.

In response to questions from NDP deputy leader Megan Leslie in the House of Commons, the parliamentary secretary to the transport minister, Jeff Watson, said that Prime Minister Stephen Harper’s government wouldn’t apologize for cutting “waste.”

“We make no apologies for reducing back office expenses while putting the resources where they belong on front-line safety,” Watson said.

The government declined to share details of what it had cut until it was forced to answer these questions through Canada’s Access to Information Act, which requires it to release public records upon request within 30 days to any Canadian who pays the $5 fee.

The records, received about 40 days after the request, confirm what Reuters had reported about vacant engineering and oversight positions. It also revealed these surprising details:

– All six senior positions in the Transportation of Dangerous Goods secretariat, including the manager, are vacant

– Five out of seven positions for scientists who review emergency response plans of companies transporting dangerous cargo are vacant at Transport Canada’s headquarters.

– Five out of seven positions at the headquarters are vacant for dangerous goods inspectors under chief enforcement

– Five out of 15 positions responsible for risk evaluation are vacant, including the chief of risk evaluation, and two accident analysts.

Liberal transportation critic David McGuinty said in an interview that the department appeared to be hiding information.

“Instead of coming clean and saying, we have a capacity problem right now, they won't do it,” said McGuinty in an interview. “They’ve got some explaining to do.”

You can find these records and the information that Transport Canada previously declined to release over here.

Or scroll down below to see the e-mail records from both Foreign Affairs; the charts of vacant and filled Transport Canada positions; and the e-mails from the CRA sending instructions from the office of the agency’s commissioner and chief executive officer for the deletion of internal records.

In terms of transparency, a public servant — who tipped me off about one of these stories — told me that all ministers in the Canadian government are transparent … because you can look right through them and see the prime minister’s office in the background.

Photo: Light Brigading via Flickr

CRA Delete Request by mikedesouza

DFATD underserving by mikedesouza

Dangerous Goods Chart Transport Canada by mikedesouza

The Narwhal’s reporters are telling environment stories you won’t read about anywhere else. Stay in the loop by signing up for our free weekly dose of independent journalism.

By Jeffrey Monaghan, researcher with the Surveillance Studies Centre at Queen’s University and Kevin Walby, Assistant Professor, Sociology, University of Victoria.

A recent example of RCMP surveillance of environmental activists was reported last month by the Montreal Gazette.  According to documents released under the Access to Information Act, it appears that a branch of the expansive RCMP national security apparatus – the Critical Infrastructure Intelligence Team – has been monitoring a group of Quebec residents opposed to shale gas development.  The group under surveillance – la Regroupement Interrégional sur le gaz de schiste de la Vallée du St-Laurent – represents more than 100 anti-shale gas citizen committees in Quebec. 

Surveillance practices targeting the environmental movement should not be surprising given recent trends toward an increasing allocation of resources to counter-terrorism programs across the country.

The RCMP’s rationale behind their surveillance of shale gas opponents relies on the potential threat of ‘homegrown extremism.’ As an increasingly visible ploy (particular since Minister Joe Oliver’s polemic regarding opponents of the Northern Gateway pipeline), references to domestic extremism represents a shift in the working definition of terrorism where groups like al-Qaida or the Taliban are no longer the central antagonists.

Instead, national security agencies have presented a conflated threat of terrorism and extremism to castigate a host of groups and causes, including pacifists that organize petitions against shale gas development.

While troubling, these practices have become the norm within national security agencies.

We have recently published an academic report on security preparations for the 2010 Winter Olympics using access to information requests with the RCMP and CSIS. Examining threat assessments from 2005 and 2010, our findings show how terminology of ‘extremism’ was used as a code word to describe critics of the Games.

As the Games approached, the category of ‘extremism’ was used to refer to a surprising range of actors but mostly as a catch-all for a host of left wing groups, particularly those associated with the global justice movement, environmentalists, anti-capitalists, and animal rights activists. Groups like Greenpeace, PETA, and Sea Shepherd were frequently mentioned in these threat assessments.

Groups that are catalogued in these surveillance campaigns cannot challenge such accusations, nor can they see the substantive materials that gathered by state surveillance practices. Labels like ‘extremist’ cannot be challenged.

What is important to understand about the category of ‘extremism’ is that almost any activity or communication contrary to the government can get you labeled this way.

Looking at primary documents from the RCMP and CSIS, it appears that a range of innocuous low-level political activities (i.e. riding on a bus to a protest, attending an environmental rally, advocating maple syrup boycotts) can get you lumped under this label. Further, there is a troubling association between this category and threats of violence.

RCMP and CSIS view a number of activist activities – particularly civil disobedience – as forms of attack.  Blocking access to roads or buildings are framed as violence, depicting pacifists as national security threats. In the lead up to the Olympics in Vancouver, national security agencies also used the label in association with private property destruction, specifically the property of corporate sponsors. During this time period, the label of extremism allowed national security resources to be mobilized for the protection of tarsands companies and other sponsors. 

Expanded categories for policing and surveillance practices can have a number of ripple effects. Namely, these practices can lead to the criminalization of public advocates and a broad ‘chilling effect’ on participatory democratic practices.

This is entirely consistent with the Conservative agenda on security and crime that aims to neutralize and invalidate those who challenge their policy positions. This approach is troubling given their support for controversial projects like the Northern Gateway pipeline and the groundswell of political opposition that it has garnered.

This all begs a larger question: what exactly does the government mean when it conflates ‘terrorism’ and ‘extremism’ in their counter-terrorism policies?

It is no longer clear whom the RCMP, Stephen Harper or Vic Toews count as terrorists. If almost any dissent can get one’s actions classified as ‘extremism’ how much more does it take to be labeled and prosecuted as a terrorist in Harper’s Canada? 

Notably, one shale gas opponent has been charged under the Anti-Terrorism Act because of allegations concerning threatening letters. Likewise, student activists from Quebec are facing terrorism-related criminal charges for allegedly releasing smoke bombs during last year’s student strike.

These prosecutions point to a significant expansion of criminal liability for ‘terrorism activities.’ Coupled with efforts to include damage to, or disruption of, private property as acts of terrorism, the environmental movement should take note of the changing field of struggle – and the resources that are being amassed against it.  


Expanding the definition of terrorism allows for national security agencies to broaden their scope of operations and cast their surveillance net upon a larger spectrum of groups and activities. In an era where Canada increasingly resembles a petro-state, surveillance agencies are regularly caricaturizing activists as threats to national security. With an appetite for larger budgets and greater resources, Canada’s counter-terrorism strategies seem to be making up new threats that are used to justify further surveillance.

But what the RCMP will rarely disclose is that the threat of terrorism attacks in Canada is very low and Canadian spending on national security issues is completely incommensurate with these risks.

A much larger threat – the RCMP won’t mention – are the impacts of these surveillance campaigns on social movements: suspicion, paranoia, stress, internal divisiveness, and the potential for significant ‘chilling effects’ on supposedly protected activities like speech, association, and rights to organize. Part of contesting these mega environmental catastrophes in-the-making must also be ongoing critique of state attempts to categorize, frame, slander and maim dissent.

Looking at the flipside to these surveillance projects reveals another important dynamic at-play: the strength of ecological movements is being acknowledged.

While government would like to dismiss opposition to the current growth-at-any-cost model as a threat to national security, the PR-games associated with labeling environmental groups as terrorists might just backfire. This is likely only the beginning of a long standoff. 

The Narwhal’s reporters are telling environment stories you won’t read about anywhere else. Stay in the loop by signing up for our free weekly dose of independent journalism.