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. - --- MAP posted-by: Josh