2023 Annual Report on Directions for Avoiding Complicity in Mistreatment by Foreign Entities

On this page

1. Alternate formats
2. List of acronyms and abbreviations
3. Introduction
4. Background
5. Information sharing practices
6. Implementation of the directions

Alternate formats

List of acronyms and abbreviations

FIRAC

Foreign Information Risk Advisory Committee

LEAG

Law Enforcement Assessment Group

ROD

record of decision

RCMP

Royal Canadian Mounted Police

Introduction

The Avoiding Complicity in Mistreatment by Foreign Entities Act (the Act) came into force on July 13, 2019. The Act authorizes the Governor in Council to issue written directions to deputy heads regarding:

1. the disclosure of information to any foreign entity that would result in a substantial risk of mistreatment of an individual
2. the making of requests to any foreign entity for information that would result in a substantial risk of mistreatment of an individual
3. the use of information that is likely to have been obtained through the mistreatment of an individual by a foreign entity

On September 4, 2019, pursuant to subsection 3(1) of the Act, the Governor in Council, on the recommendation of the Minister of Public Safety Canada, issued the Order in Council Directions for Avoiding Complicity in Mistreatment by Foreign Entities (the Directions) to the Commissioner of the RCMP. In accordance with subsection 7(1) of the Act, the Commissioner must provide an annual report on the implementation of the Directions during the previous calendar year to the Minister before March 1.

This report details the RCMP’s implementation of the 2019 Directions from January 1, 2023, to December 31, 2023. Included is an overview of the RCMP’s information sharing practices, efforts to update entity risk assessment reports, and internal training with respect to the 2019 Directions and the Foreign Information Risk Advisory Committee (FIRAC) process.

Background

Information sharing with domestic and foreign entities is essential for the successful execution of the RCMP’s broad mandate. Information exchanges can range from straightforward requests to confirm whether an individual has a criminal record, to urgent notifications that a suspect may be posing a threat to themselves or others. Successful information sharing can also support criminal prosecution and/or disruption.

The RCMP is committed to ensuring that the information it exchanges with foreign entities does not involve, or result in, mistreatment. This is of the utmost importance to the RCMP since avoiding complicity in mistreatment is a core Canadian value, and any information tainted by mistreatment (or allegations of mistreatment) cannot generally be used as evidence in Canadian courts. For information to be used in criminal prosecutions, it must be handled and obtained in accordance with Canadian law, including the Canadian Charter of Rights and Freedoms and the Privacy Act. Information obtained through mistreatment is contrary to these principles, and using it as evidence would be damaging not only to the investigation, but also to the reputation of the RCMP and the Government of Canada.

Information sharing practices

In accordance with the 2019 Directions, the RCMP is required to consider the risk of mistreatment before requesting, disclosing or using information from a foreign entity. In cases where a substantial risk of mistreatment exists, the exchange must be referred to the RCMP’s Foreign Information Risk Advisory Committee (FIRAC).

The FIRAC establishes a systematic approach to the review of information exchanges where there is a substantial risk of mistreatment. In line with the Act and Directions, FIRAC examines the operational context of each request, the application of risk-mitigation strategies, the strength of assurances, and makes recommendations as to whether the risk can be sufficiently mitigated, to the responsible Assistant Commissioner or Executive Director.

When a case is presented to the FIRAC, the Committee focuses on the following key issues:

• Is there a substantial risk of mistreatment if information is exchanged or is it likely information received was derived from mistreatment?
• What are the proposed measures to mitigate the risk, and their likelihood of success (for example, diplomatic assurances)?
• Will moving forward (or not) with the exchange of information pose a threat to Canada’s national security or other interests? If so, how real are the threats?

FIRAC’s recommendation(s) are made by one of the co-Chairs, upon advice of the Committee, with dissenting opinions captured in the record of decision (ROD). The ROD is provided to the designated “official” (either an Assistant Commissioner or Executive Director) for decision and added to the investigative file. Should a situation arise in which the official is unable to determine whether the risk can be mitigated, or where the use of information likely obtained from mistreatment is necessary to prevent the loss of life or significant personal injury, the responsible official will provide the ROD to the appropriate Deputy Commissioner for furtherance to the Commissioner for decision.

As per the Directions, when matters are referred to the Commissioner for decision, the Commissioner must document the basis for the decision and appropriate measures taken to mitigate the risk (such as caveats, assurances, measures). If the Commissioner approves an information exchange, it must be accompanied by the RCMP’s characterization of the information’s accuracy and reliability.

The Commissioner must then inform the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, the National Security and Intelligence Review Agency, the National Security and Intelligence Committee of Parliamentarians , and the Civilian Review and Complaints Commission for the RCMP of any determinations, as well as disclose any information considered in making the decision.

Implementation of the directions

FIRAC coordination unit: Strategic guidance, awareness and training

The FIRAC Coordination Unit provides guidance and support on the application of the legislation to operational personnel and the Committee; oversees record keeping of FIRAC meetings; identifies strategic level issues related to process; shares outcomes with the Law Enforcement Assessment Group (LEAG) to inform risk on an ongoing basis; and, engages with external federal partners to share and incorporate best practices.

The RCMP operationalized a foundational course titled Avoiding Complicity in Mistreatment by Foreign Entities in 2022, which is accessible to all personnel via the online training platform AGORA, to date there are 630 RCMP personnel who have successfully completed this course.

Conclusion

The RCMP will continue to leverage existing mechanisms such as the Public Safety-led Information Sharing Coordination Group in its efforts to reinforce policies and procedures with respect to the implementation of the Directions. The RCMP will continue to raise awareness and deliver training to personnel across the country in order to ensure compliance with the Act and adherence to Canadian values.