Touring the digital through type

Tag: CBSA

Unpacking NSIRA’s 2020 Annual Report

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Photo by Markus Winkler on Pexels.com

On December 13, 2021, the National Security Intelligence Review Agency (NSIRA) released its 2020 Annual Report. NSIRA is responsible for conducting national security reviews of Canadian federal agencies, and their annual report summarizes activities that have been undertaken in 2020 and also indicates NSIRA’s plans for future work.

I want to highlight three points that emerge from my reading of report:

  1. NSIRA has generally been able to obtain the information it required to carry out its reviews. The exception to this, however, is that NSIRA has experienced challenges obtaining information from the Communications Security Establishment (CSE). It is not entirely clear why this has been the case.
  2. While most of NSIRA’s reviews have been completed in spite of the pandemic, this is not the case with CSE reviews where several remain outstanding.
  3. NSIRA has spent time in the annual report laying out tripwires that, if activated, will alert Canadians and their elected officials to problems that the review agency may be experiencing in fulfilling its mandate. It is imperative that observers pay close attention to these tripwires in future reviews. However, while these tripwires are likely meant to demonstrate the robustness of NSIRA reviews they run the risk of undermining review conclusions if not carefully managed.

In this post, I proceed in the order of the annual review and highlight key items that stood out. The headings used in this post, save for analysis headings, are correlated with the headings of the same name in the annual report itself.

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BCCLA Releases Electronic Devices at the Border Handbook

U.S.-Canada Border Crossing  Crossing international borders can be worrying, especially for those carrying confidential or privileged information on their electronic devices. While I’ve seen a variety of documents and advisories explaining how to deal (or not deal) with American border authorities, there hasn’t been what I consider a decent guide for dealing with the Canadian Border Services Agency (CBSA). As of today, this deficit has been significantly remedied.

For the past several months, Greg McMullen has been working on a handbook to help Canadians (and non-Canadians) navigate officials’ demands for electronic devices at Canada’s national borders. The BCCLA has funded his work, and the handbook is intended for educational and discussion purposes; it isn’t intended to replace legal counsel or constitute firm legal advice. The handbook is written for a general audience and does a nice job of walking readers through what rights they enjoy at the border, CBSA policies, best practices, and what to do if you have been subject to a search.

I’d highly recommend the handbook, which is available through the BCCLA and also available for download through my website.