Directions for Avoiding Complicity in Mistreatment by Foreign Entities 2024 Annual Report
January 1 – December 31, 2024
Introduction
The Government of Canada condemns torture and other cruel, inhuman, or degrading treatment or punishment of individuals, and recognizes that these acts are an affront to Canadian values. Public Safety Canada (PS) is mandated to keep Canadians safe from a range of risks, including natural disasters, crime and terrorism, in order to build a safe and resilient Canada. PS is committed to protecting human rights and freedoms while administering its mandate and engaging in information sharing activities with foreign entities. PS fulfills this commitment through its implementation of the Avoiding Complicity in Mistreatment by Foreign Entities Act (the Act) and its Order in Council Directions for Avoiding Complicity in Mistreatment by Foreign Entities (the Directions).
This is PS' fifth annual report detailing its activities related to the Act and the Directions. This report covers information sharing activities undertaken from January 1, 2024, to December 31, 2024, and discusses PS' compliance with the Act and the Directions. Specifically, it highlights current information sharing practices and arrangements, policies and procedures in place, the number of substantial risk cases and the number of restrictions to any arrangements due to concerns of mistreatment. This report on the implementation of the Directions is made pursuant to subsection 7(1) of the Act.
Background
The Act and its associated directions demonstrate the Government of Canada's commitment to prevent the mistreatment of individuals as a result of information exchanged between a government department and a foreign entity. Pursuant to the Act, which came into force in July 2019, the Governor in Council issued the Directions to the Deputy Minister of Public Safety on September 4, 2019. The Directions provide instructions for:
- the disclosure of information to any foreign entity that would result in a substantial risk of mistreatment of an individual;
- the making of requests to any foreign entity for information that would result in a substantial risk of mistreatment of an individual; and
- the use of information that is likely to have been obtained through the mistreatment of an individual by a foreign entity.
PS has a leadership role and coordinates activities related to national security and the safety of Canadians across federal departments and agencies. PS does not have the authority or capability to investigate or gather a wide variety of information. As a result, PS relies on the information obtained from other federal departments and, on occasion, foreign entities.
Within PS, the Passenger Protect Program (PPP) and the Passport Program are the programs that share information that relate to the Directions.
Information Sharing Practices and Arrangements
The Passenger Protect Program (PPP)
The Secure Air Travel Act (SATA) provides the Minister of Public Safety with the authority to establish a list of individuals for whom they (or their delegate) has reasonable grounds to believe may pose a threat to aviation security or travel by air for the purposes of committing a terrorist offence. This list, referred to as the SATA List (or colloquially as Canada's "No Fly List"), includes the name, any known aliases, date of birth, and gender of these individuals. All passengers travelling to, from and within Canada are screened against theSATA List. The PPP refers to the administrative framework around the SATA List.
The Minister (or their delegate) determines who will be placed on the SATA List based on information provided by members of the Passenger Protect Advisory Group (PPAG), chaired by PS. The group includes officials from Transport Canada (TC), the Canadian Security Intelligence Service (CSIS), the Royal Canadian Mounted Police (RCMP), and the Canada Border Services Agency (CBSA). Immigration, Refugees and Citizenship Canada (IRCC) participates in the PPAG as observers only.
PS exchanges information, both via the PPAG and through the course of regular PPP operations to develop the recommendations to the Minister to add, maintain, and remove individuals from the SATA List. The decision to list an individual involves a rigorous process that requires a legal threshold to be met, pursuant to section 8(1) of the SATA. Sufficient information must be provided to meet this threshold in order to support the addition of an individual to the SATA List. In accordance with section 8(2) of the SATA, the SATA List is reviewed by the Minister (or their delegate) every 90 days to determine whether the grounds for which individuals were listed continue to be met.
If a listed individual attempts to travel, they are unable to check-in online in advance for their flight and are directed to present themselves to an air carrier representative at the airport. Should there be a confirmed match to the SATA List, the Minister (or their delegate) may issue a direction to the air carrier to require that individual undergo additional security screening or be denied boarding. If an individual is denied boarding under SATA, they will receive a letter from the Minister containing instructions on how to apply for recourse. It is important to note that an individual may be denied boarding for reasons other than SATA, such as an air carrier's own internal security protocols.
The Passport Program
The Passport Program operates under the authority of the Canadian Passport Order (CPO), under which the Minister of Public Safety (or their delegate) may cancel, revoke, or refuse a Canadian passport in order to prevent the commission of a terrorism offence, or for the national security of Canada or a foreign country or state.
To support the Minister's role, PS works with the RCMP and CSIS to determine a recommendation whether to cancel, revoke, or refuse a Canadian passport, and then with IRCC to ensure implementation of the Minister's (or their delegate's) decision.
Implementation of the Directions
Policies & Procedures
Departmental Policy
In 2022, PS implemented its departmental Policy on the Order in Council Directions for Avoiding Complicity in Mistreatment by Foreign Entities (Deputy Minister of Public Safety and Emergency Preparedness) (the Policy). Under the Policy, officials:
- assess the risk of mistreatment by foreign entities as a result of the disclosure of, request for, and use of information;
- determine whether the risk of mistreatment by foreign entities can be mitigated;
- ensure matters are referred to the Deputy Minister for determination and decision when officials are unable to determine whether the risk can be mitigated, or when a determination is needed as to whether the use of information likely obtained through mistreatment is necessary to prevent loss of life or significant personal injury; and
- document and report information sharing activities, policy developments and updates, tools and processes.
The Policy ensures that PS' information sharing activities with foreign entities are consistent with Canada's obligations to protect human rights and that the Government of Canada is not complicit in mistreatment.
Between January 1, 2024 to December 31, 2024, PS continued to promote understanding of the policy and of the Department's roles and responsibilities through information sessions and the publication of its policy on the departmental Website. PS also initiated the evaluation of the implementation and effectiveness of its Policy, to be concluded in 2025.
PPP and Passport Program
The PPP, through its practices and procedures, continues to ensure that disclaimers and caveats accompany the information that is shared with partners, as well as the information that comes before the Minister (or their delegate). The PPP and the Passport Program implemented their policy guidance related to the implementation of the Act and Directions, and both programs have committed to continue their work with domestic partners to ensure that information holdings relating to the operation of both programs are continuously renewed and assessed to ensure compliance with the directions.
Assessing the Risk for Potential Mistreatment
It is a fundamental duty of PS to be a responsible steward of the information under its control. PS is primarily a consumer of information and thus relies mainly on information from other departments and agencies associated with both programs. These agencies are also subject to written directions, and as such, exchange information according to their respective mandates and processes used to assess the risk of mistreatment associated with information sharing with foreign entities. The PPP collaborates with other government departments to consider the risk of mistreatment resulting from the sharing of information with foreign entities. As per the Policy, when the PPP does not have sufficient information to conduct an assessment of substantial risk, it may request and use risk assessments conducted by another department or agency for the express purpose of evaluating the specific information exchange. In these instances, PS requires the partner department or agency to attest to having conducted the assessment.
Inter-Agency Cooperation
PS chairs and participates in the Information Sharing Coordination Group (ISCG), an interdepartmental forum that supports collaboration between departments and agencies subject to directions under the Act. This group provides an opportunity for PS and other departments and agencies to share best practices and discuss lessons learned. Throughout 2024, the ISCG held a number of discussions on various topics, including, preparing a government response to the National Security Intelligence Review Agency Review of Departmental Implementation of the Avoiding Complicity in Mistreatment by Foreign Entities Act for 2022, published on November 6, 2024.
PS supports ISCG's efforts to advance its three key objectives of establishing best practices, sharing general information among its membership, and coordinating the development of policy documents in response to interdepartmental issues.
Activity Report
Cases of Substantial Risk
For the period of January 1 to December 31, 2024, PS referred zero cases to the Deputy Minister for determination and authorization.
| Information Sharing Activity | Disclosure of Information | Request for Information | Use of Information |
|---|---|---|---|
| Number of cases referred to the Deputy Minister | 0 | 0 | 0 |
Restrictions of Arrangements
During the reporting period of January 1 – December 31, 2024, PS had zero instances where an arrangement with a foreign entity was restricted due to concerns regarding mistreatment.
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