RCMP look for info gaps on threats to infrastructure

National police review how they protect infrastructure in Canada, notes controversial C-51 has vague definition of threats.

Thestar.com
March 8, 2016
By Alex Boutilier

The RCMP is looking for gaps in how it shares and receives information about threats to Canada’s major infrastructure networks.

Documents released in February show the Mounties plan to look at how information is shared between government agencies, police, and the private sector on threats to “critical infrastructure.” The broad term can refer to physical infrastructure like bridges and buildings, but also telecommunications, transportation, and financial networks.

“The information received from (critical infrastructure) stakeholders varies from information that is deemed quite preliminary to information that is more specific and concerning,” the documents, released online, read.

“Private sector stakeholders’ information, if identified properly, presented and followed up (on) appropriately, might help detect and protect an attack ... or a plot with another target where the infrastructure is involved.”

It’s not clear what sparked the review. The documents do not make reference to a specific problem. Instead, the $185,000 study will compare efforts by other “Five Eyes” countries - close allies including the U.S., U.K., New Zealand, and Australia - to protect major assets and infrastructure.

The Star requested an interview with the RCMP for this article. In a written statement, the RCMP did not address specific questions, but outlined in general terms the intention of the external review.

“The winning bid will help the (RCMP) identify the impediments and opportunities regarding information sharing with partners and law enforcement, explore innovative ways to have law enforcement fully engage the (critical infrastructure) community to enhance investigations, and opportunities to get the most up-to-date, valuable information on criminal threats to (critical infrastructure) to the partners,” Sgt. Julie Gagnon, a spokesperson for the force, wrote in an email.

The study will take place against the backdrop of two pieces of legislation put forward by the previous Conservative government.

Bill C-51, the controversial terrorism law introduced by the Conservatives in 2015, mostly dealt with new powers for CSIS spies. But it also introduced new information sharing rules for a number of agencies, including the RCMP.

“Among other things, (Bill C-51) ... would authorize a range of government institutions to share information with each other about activities that undermine ‘the security of Canada,’ ” the documents read.

“This broad and vague term includes interference with ‘the economic or financial stability of Canada’ or with ‘critical infrastructure.’ ”

University of Ottawa professor Craig Forcese, a vocal critic of Bill C-51, said the RCMP seem to be underlining a significant problem with the legislation.

“I think you get the sense from this document, nobody is really sure what this means,” Forcese said in an interview.

“And if it takes a bunch of law professors ... a tremendous amount of time to conclude that we really don’t understand what (undermining the security of Canada) means, you can imagine how, operationally, it will be very difficult to put in play across all of government.”

Another piece of Conservative legislation, Bill C-639, would have made it a criminal offence to tamper or interfere with a broad range of “critical infrastructure,” including pipelines. That bill ultimately did not become law, but the idea could come before the House of Commons again.

Ray Boisvert, a former CSIS assistant director and self-described “true believer” in prioritizing public safety, said the RCMP are right to consider a broad range of threats - especially with the Internet complicating things.

But Boisvert noted that a broad range of threats and finite resources mean that security and law enforcement agencies are overlooking some serious issues - particularly when politicians and media outlets emphasize terrorist threats above all else.

“National security groups in the last 20 years have shifted completely out of the counter-intelligence game, and completely out of the economic security piece, in stopping the theft of intellectual property ... We didn’t do that because the threat wasn’t there anymore, we just chose to because there was a bigger threat to manage from a public perception,” Boisvert said.

“That’s what drives the agenda. That’s why 85 per cent of CSIS officers are on (counterterrorism), and that’s why (RCMP Commissioner) Bob Paulson says he’s closing down investigations into organized crime.”

The Star requested an interview with Public Safety Minister Ralph Goodale for this article. In a written response, a spokesperson for Goodale said the Liberals are committed to reviewing overly broad definitions in Bill C-51, but did not address the RCMP’s critical infrastructure program.