2024 Annual Report on Directions for Avoiding Complicity in Mistreatment by Foreign Entities

On this page

• Introduction
• Background
• Information sharing practices
• Implementation of the directions
• Conclusion

Introduction

The Avoiding Complicity in Mistreatment by Foreign Entities Act (the Act) came into force on July 13, 2019. The Act authorizes, and in some cases requires, the Governor in Council to issue written directions to deputy heads of government institutions related to:

• disclosing information to any foreign entity that would result in a substantial risk of mistreatment of an individual
• making requests for information to any foreign entity that would result in a substantial risk of mistreatment of an individual
• using 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, 2024 to December 31, 2024. 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 (for example, to confirm whether an individual has a criminal record) to urgent notifications (for example, 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 thereof) 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 to the reputation of the RCMP and the Government of Canada as a whole.

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 and the strength of assurances. Subsequently, it recommends 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 (that is, for information requests or disclosures), or is it likely information received was derived from mistreatment (that is, for subsequent use)?
• What are the proposed measures to mitigate the risk, and their likelihood of success (for example, diplomatic assurances, caveats and limited information)?
• 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 recommendations are made by one of the co-chairs, upon advice from 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 is then 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.

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 (for example, caveats, assurances and measures). If the Commissioner approves the information exchange, and in general when information is disclosed to a foreign entity under the RCMP’s FIRAC process, 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, 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 any information considered in making the decision.

Implementation of the directions

Conclusion

The RCMP will continue to leverage existing mechanisms such as the Public Safety-led Information Sharing Coordination Group, and pursue bilateral engagements with other government departments, 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 organization in order to ensure compliance with the Act and adherence to Canadian values.