Pubdate: Wed, 24 Oct 2001
Source: Ottawa Citizen (CN ON)
Copyright: 2001 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author:  Jack Aubry
Bookmark: http://www.mapinc.org/find?203 (Terrorism)

MP DISPUTES SPY AGENCY'S VIEW OF BILL

Law Would Cover Other Illegal Activity, Director Says

The director of Canada's highly secretive electronic spy agency says 
new powers in a proposed anti-terrorism bill that will allow it to 
eavesdrop on communications involving Canadians will also be used to 
bust criminal activity such as drug trafficking.

In his first public appearance as head of the Communications Security 
Establishment, Keith Coulter told the Commons justice committee that 
his agency would pass on information it intercepted -- without a 
court warrant -- on major criminal activities to the RCMP.

But minutes later, Liberal MP Stephen Owen, the parliamentary 
secretary to Justice Minister Anne McLellan, contradicted the 
soft-spoken Mr. Coulter, telling him the new law does not permit him 
to do so.

Mr. Owen said the law clearly spells out that the intercepted 
communications only be used "if they are essential to international 
affairs, defence or security."

Defence Minister Art Eggleton, who appeared before the committee with 
Mr. Coulter, responded: "Terrorism isn't the only thing that is 
covered by the (bill)."

But Mr. Owen, a former University of Victoria law professor, stuck to 
his ground.

"As difficult as it may seem to most laypeople, I think this says you 
can't pass on or use that information unless it's related to 
(international affairs, defence or security)," he said.

The CSE, with an annual budget of almost $106 million and some 1,000 
personnel, monitors foreign radio, telephone, fax, satellite and 
computer traffic for information of interest to Canada and its allies.

Currently, the CSE is not allowed to spy on Canadians, and Mr. 
Coulter said it makes every effort to screen out their messages. The 
anti-terrorism bill would allow the electronic spy agency to use 
information gleaned from conversations between people in Canada and 
suspected terrorists, though permission by certificate is required 
from the defence minister.

Mr. Coulter said the new legislation will in part eliminate this 
"gap" in the CSE's capabilities compared to other electronic spy 
agencies in the world.

Mr. Eggleton and Mr. Coulter said the foreigner involved in the 
communication with a Canadian would be the target of the intercept, 
putting the matter outside the jurisdiction of a Canadian court to 
issue a warrant.

The proposed bill comes in the wake of the Sept. 11 terrorist attacks 
on the U.S. Last week, the government announced $37 million in 
additional funding for the CSE, a little-known wing of the Defence 
Department, to buy state-of-the-art high-tech equipment.

The hastily written legislation has been the subject of much 
controversy since it was unveiled 10 days ago.

For instance, Mr. Eggleton said yesterday that the new bill does not 
contravene the country's Privacy Act, while on Monday, Claude Bisson, 
the watchdog for the CSE and a former judge, said it clearly 
represented in some cases an invasion of Canadians' privacy.

Mr. Eggleton circulated a letter yesterday from Mr. Bisson showing 
his support for the bill after Mr. Bisson had told a Senate committee 
Monday that the terrorism bill gave the government "exorbitant" 
powers.

The minister repeated Mr. Bisson's explanation that by "exorbitant" 
he did not mean "excessive" but "out of the norm."

Mr. Eggleton rejected suggestions from the committee that the CSE be 
given a three-person review committee similar to the one which 
oversees the Canadian Security Intelligence Service.

At present, the CSE has only a one-person, part-time commission in 
Mr. Bisson, a retired Quebec judge with a staff of five, to review 
the agency's top-secret work. Mr. Bisson told a Senate committee on 
Monday that he has not received a single complaint in the past two 
years.

Mr. Coulter, who was senior vice-president and director of commercial 
services with Hill and Knowlton Canada, served as assistant secretary 
at Treasury Board. He is also a former member of the Canadian Forces 
as a fighter pilot, flying instructor and crew member of the 
Snowbirds.
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