A report from the National Security and Intelligence Review Agency reveals that some Canadian federal agencies may not have fully complied with legal requirements designed to prevent the sharing of information that could lead to torture abroad. The review examined five cases involving disclosures to foreign organizations in armed conflict zones, finding deficiencies in mitigation measures at CSIS, IRCC, and the RCMP, while Global Affairs Canada's record-keeping hindered assessment. The watchdog calls for improved mitigation planning and a study on challenges in sharing information with entities from conflict-affected countries.
OTTAWA - A newly released report from Canada's key intelligence oversight body highlights significant concerns about federal agencies' adherence to legal safeguards intended to prevent Canadian information from being used to facilitate torture or other mistreatment abroad.
The National Security and Intelligence Review Agency (NSIRA) conducted a review focusing on compliance with the Avoiding Complicity in Mistreatment by Foreign Entities Act during 2023. This legislation explicitly prohibits federal institutions from sharing information with foreign entities-or using information received from them-when there is a substantial risk of torture or cruel, inhuman, or degrading treatment.
The only pathway to share such information is through a rigorous risk-assessment and mitigation process, yet the watchdog's findings suggest these processes are often inadequately designed and implemented. The NSIRA report details its examination of five specific instances where Canadian agencies disclosed information to foreign organizations operating in regions embroiled in armed conflict. These contexts inherently heighten risks, as the involvement of foreign military or security forces in active hostilities complicates the ability to ensure humane treatment.
The review scrutinized how agencies like the Canadian Security Intelligence Service (CSIS), Immigration, Refugees and Citizenship Canada (IRCC), and the Royal Canadian Mounted Police (RCMP) handled these high-risk disclosures. In three of these cases, the watchdog concluded that the agencies may have fallen short of legal compliance, primarily due to flawed mitigation strategies.
For example, CSIS heavily relied on caveats attached to shared intelligence-stipulating use only for intelligence purposes and in line with international human rights law-and on verbal or written assurances from recipient agencies. NSIRA determined that such caveats and assurances were "inadequately designed" to address the specific, foreseeable risks of torture in conflict zones, as they lacked enforceability and verification mechanisms. CSIS offered no immediate response to these conclusions.
Beyond CSIS, IRCC, and the RCMP, the review also assessed Global Affairs Canada's handling of a related information-sharing case. However, NSIRA was unable to render a compliance judgment due to the department's poor record-keeping practices, which left critical gaps in the documentation needed to evaluate whether proper risk assessments and mitigation steps were undertaken.
This failure in documentation itself represents a systemic weakness, as the law explicitly requires agencies to maintain detailed records justifying their decisions to share information despite potential risks. The watchdog's broader analysis pointed to armed conflict as a major complicating factor, creating what it terms a "dilemma" for Canadian agencies: the desire to share information for legitimate humanitarian or security objectives clashes with the near-insurmountable challenge of ensuring such data does not contribute to abuse.
The report underscores that mitigation, while legally permissible, can be "exceedingly challenging" in such environments, yet remains a mandatory obligation under Canada's international human rights commitments. To address these shortcomings, NSIRA issued several recommendations. It urged CSIS, the Department of National Defence, Global Affairs Canada, IRCC, and the RCMP to develop comprehensive, well-documented mitigation plans that critically evaluate the reliability and enforceability of any caveats or assurances from foreign partners.
Furthermore, it directed these agencies to undertake a joint study examining the specific hurdles of information-sharing with entities from countries engaged in armed conflict, including an assessment of potential gaps in the existing legal framework. This study, now completed, apparently identified both practical and legislative obstacles, suggesting that the current law may necessitate refinement to better align with operational realities while upholding absolute anti-torture standards.
The release of this report, first published by The Canadian Press on July 19, 2026, reignites debate over Canada's ability to balance its security and humanitarian interests with its unwavering stance against torture, a principle enshrined in the UN Convention Against Torture and other international instruments. The findings imply that without more robust oversight, standardized mitigation protocols, and improved documentation, Canada risks complicity in human rights violations, even unintentionally, through its intelligence exchanges
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