CSIS doesn't investigate 'lawful protest' by Indigenous peoples, says Public Safety Minister's office

Public Safety Minister Bill Blair's office said the Canadian spy agency's use of a national security threat exemption to withhold records on February's Indigenous-led demonstrations shouldn't be linked to the federal government's view of the coast-to-coast actions. 

CBC News reported Friday that the Canadian Security Intelligence Service (CSIS) withheld internal records under section 15(1) of the Access to Information Act.

Section 15 allows exemptions for records connected to intelligence activities related to "detecting, preventing or suppressing subversive or hostile activities," according to a letter from the agency's Access to Information branch co-ordinator. 

CBC News had requested records that discussed the February Indigenous-led protests which flared from coast-to-coast in support of the Wet'suwet'en hereditary chiefs' opposition to a natural gas pipeline.

"There were many reasons provided in the act as to why information was withheld," said the statement from Blair's office.

"There was not one reason selected for withholding information, and one should not receive primacy over the others."

Section 15, subtitled "international affairs and defence," defines "subversive or hostile activities" as including sabotage, terrorism, actions directed at a "government change," activities that "threaten" Canadians or federal employees and espionage.

The agency also invoked other sections, including:

• 13(1):  information received in confidence from other governments.
• 16(1a and c): information from a law enforcement criminal investigation.
• 19(1): personal information.
• 23: information covered by solicitor-client privilege.
• 24: information restricted by other federal laws. 

Undermines reconciliation

"CSIS is mandated to protect Canadians and the definition of threats to the security of Canada in the CSIS Act specifically excludes lawful protest and dissent. That means CSIS does not investigate people or organizations simply engaged in lawful protest and dissent," said the statement from Blair's office. 

"To suggest that our government or any of our agencies perceived Indigenous Peoples to be acting in a form of sabotage, terrorism, or in a manner that would threaten Canadians or federal employees is not only incorrect, but serves only to undermine our efforts at reconciliation with these communities."

The Public Safety statement did not provide or describe the records that were exempted under section 15(1). 

Demonstrations began in early February after RCMP tactical teams — backed by dogs, drones and helicopters — enforced an injunction against Wet'suwet'en camps that were preventing Coastal GasLink contractors from gaining access to the territory.

The Wet'suwet'en hereditary chiefs said the pipeline project did not have the nation's consent to cross its territory and pointed to a 1997 Supreme Court decision that affirmed their rights. 

Indigenous solidarity actions, in the form of rail blockades — which faced injunctions, police action and arrests — along with road blockades and demonstrations, sprung up from B.C. to Prince Edward Island.

In Tyendinaga Mohawk Territory in Ontario, a camp was established along a CN Rail line connecting Montreal to Toronto, shutting down freight and passenger trains for nearly a month.

The Tyendinaga demonstration, which was also under a court-ordered injunction, was raided by the Ontario Provincial Police on Feb. 24, leading to 10 arrests. 

Days earlier, on Feb. 21, Prime Minister Justin Trudeau held a press conference declaring that the "barricades must come down." Trudeau said the "injunctions must be obeyed and the law must be upheld."

Before the press conference, Trudeau convened the Incident Response Group, a secretive federal committee of cabinet ministers and officials "that will convene in the event of a national crisis or during incidents elsewhere that have major implications for Canada," according to the government's description. 

A spokesperson for Blair's office said in an email that they couldn't comment on demonstrations deemed unlawful by law enforcement or the courts. 

"There are matters currently before the court. It would be inappropriate to comment further," said the spokesperson.

Ottawa worked 'around the clock' to de-escalate

CBC News received only two emails as a result of its request for CSIS records about the events of February. Both the emails, from Feb. 21, were written in response to Trudeau's declaration.

"PM has just finished a press conference indicating that all avenues for dialogue have been exhausted and 'the barricades must come down,'" said the heavily redacted email, sent at 3:51 p.m. with the subject line, "Blockade - UPDATE," and importance marked "high."

The name of the senders and recipients are redacted. It appears to have been directed at two people, but it's unknown if any others were carbon-copied. 

"I will forward any information rec'd to both of you, according [redacted]."

The second, heavily redacted email, marked importance "High," with the subject line reading, "FW: Blockade - UPDATE," was sent at 4:38 p.m. The senders and recipients are also redacted. 

"FYI. Folks are sensitized [redacted] response to PM announcement. CGOC contacted as well with POC in leads if anything comes their way," said the email. CSIS would not confirm what the acronyms CGOC and POC stand for.

Jeffrey Monaghan, an associate professor of criminology at Carleton University in Ottawa, told CBC News that the use of Section 15 (1) exemption by the CSIS to withhold records suggests the spy agency viewed Indigenous road and rail blockades and demonstrations as threats to Canada's sovereignty.

"CSIS doesn't collect information on security threats by happenstance; they are monitoring situations because these situations conform to their pre-existing categories and conceptions of security threats," said Monaghan, in an email to CBC News Saturday.

"This is how institutional cultures reproduce what is considered a security threat. When it comes to Indigenous communities defending their lands, there are deeply colonial repertoires that twin land defenders with unlawfulness, crime and threats to Canadian prosperity."

The statement from Blair's office said Ottawa "worked around the clock" to resolve the "blockades in a peaceful and lasting way in partnership with the Wet'suwet'en Hereditary chiefs," and that the government was working to implement their nation's rights and title — which began in earnest after an agreement was announced on March 1. 

"Our government will always uphold the right of people to peacefully protest. Those protesting lawfully will always be able to do so in our country, and we do not see them as subversive or 'challenging Canadian authority,'" said the statement.

"Reconciliation remains a crucial priority for the government and we are working tirelessly to renew our relationship with Indigenous peoples based on the recognition of rights, respect and cooperation."