Chapter 8 – Improving the Intelligence to Evidence (I2E) Model in Canada
DOI:
https://doi.org/10.29173/mlj1246Abstract
This chapter examines some of the key issues and challenges of the intelligence to evidence (I2E) process, mainly regarding the exchange of information between the Canadian Security Intelligence Service (CSIS) and the Royal Canadian Mounted Police (RCMP). For historical perspective, the authors cite findings from the 1981 McDonald Commission Report, concluding that subsequent events proved McDonald over-optimistic in terms of the expected level of cooperation and sharing of information between the new CSIS and the RCMP. The intervening years between the creation of CSIS in 1984 and the Toronto 18 case saw marginal progress towards improving inter-agency cooperation. Landmark judicial rulings, such as R v. Stinchcombe, only served to dampen any incentive to freely share information between the agencies and build an effective I2E operational model. The authors argue that the current I2E model, known as One Vision 2.0, developed in the years following the Toronto 18 case, while representing a notable improvement in the process, nevertheless falls short of achieving a robust framework. More recent improvements stemming from the joint CSIS/RCMP initiative “Midnight Horizon” are helpful but unlikely to move the needle substantially closer to the ideal. Pre-empting terrorist/hate-related attacks requires a more aggressive response than at present, one focused more on eliminating the threat through arrest and prosecution rather than lesser measures aimed at “threat reduction” or “threat containment.” To that end, this chapter offers some recommendations. The authors conclude that while CSIS and the RCMP have accomplished much towards improving the I2E process, there are clear limits to what they can achieve on their own in the absence of broader government action. Parliament can and must do more to champion needed legislative and policy changes to provide intelligence and law enforcement officials with the additional tools and resources they need to achieve a maximum level of security against terrorist and hate-inspired attacks.