Annual report 2024 – Implementation of Order in Council Directions for Avoiding Complicity in Mistreatment by Foreign Entities

Table of contents

• Summary
• Background
• Governance and departmental resources
• Collaboration with other government departments and agencies
• Conclusion

Summary

This report details activities undertaken by Global Affairs Canada (GAC) from 1 January to 31 December 2024 related to the implementation of the Avoiding Complicity in Mistreatment by Foreign Entities Act (ACMFEA) and the related Order in Council Directions for Avoiding Complicity in Mistreatment by Foreign Entities (OiC Directions).

During the reporting period, GAC developed resources to support the implementation of ACMFEA across business lines and worked with other government departments and agencies to exchange best practices. Building on work initiated in 2023, GAC published in 2024 its new guidance tools for GAC employees engaging in information sharing activities and forms for documenting decision making in cases where the prohibitions under the OiC Directions may apply. Throughout the year, the department collaborated with several departments and agencies to better coordinate human rights reporting and risk assessments between departments, in consideration of the National Security and Intelligence Review Agency’s (NSIRA) past recommendations. In 2024, GAC also made two determinations where the restrictions under the OiC Directions were considered: both to proceed with an information sharing activity.

The following report outlines GAC’s obligations under ACMFEA and the OiC Directions, summarizes the internal activities undertaken by the department in 2024, and underscores collaborative efforts undertaken by GAC with counterparts from other government departments in the reporting period.

Background

Pursuant to subsection 7(1) of ACMFEA, the Deputy Minister of Foreign Affairs, before 1 March of each year, is required to provide the Minister of Foreign Affairs with a report regarding the department's implementation of the OiC Directions during the previous calendar year.

ACMFEA and the related OiC Directions, issued in September 2019, restrict the sharing of information with foreign entities where there is a substantial risk of mistreatment and place limitations on certain uses of information which may likely have been derived from mistreatment. Specifically, the OiC Directions prohibit:

• The disclosure of information that would result in a substantial risk of mistreatment of any individual by a foreign entity (where the substantial risk cannot be mitigated);
• The making of requests for information that would result in a substantial risk of mistreatment of any individual by a foreign entity (where the substantial risk cannot be mitigated);
• Certain uses of information that was likely obtained through mistreatment of an individual by a foreign entity (unless the use of the information is necessary to prevent loss of life or significant personal injury).

Prior to the introduction of the OiC Directions, GAC was subject to the 2017 Ministerial Direction Avoiding Complicity in Mistreatment by Foreign Entities (2017 MD). The department’s obligations under both the 2017 MD and the 2019 OiC Directions are substantively the same. Since the introduction of ACMFEA, the department has updated policies and processes developed in 2017 to continuously improve the implementation of ACMFEA and the OiC Directions. The development of GAC’s information sharing policy is guided by its statutory obligations, certain definitions from the 2017 MD that are not included in the OiC Directions, as well as recommendations from recent NSIRA reviews of the government’s implementation of ACMFEA.

As part of its mandate, GAC collects and uses information obtained from other government departments and foreign entities, notably through diplomatic reporting. Indeed, the very nature of diplomacy involves frequent exchanges of information. Furthermore, the promotion and defence of human rights is a key priority for GAC, and the department actively advocates against the use of torture and inhumane treatment through bilateral relationships and within multilateral organizations.

The vast majority of the information that is exchanged by GAC does not pertain to individuals. Where an exchange concerning information which may put individual(s) at risk of torture and mistreatment may be deemed necessary, the OiC Directions provide clear guidance to officials on the considerations relevant to their decision-making.

Governance and departmental resources

Avoiding Mistreatment Compliance Committee

The Avoiding Mistreatment Compliance Committee (AMCC) is the formal governance mechanism supporting department's compliance with its obligations as outlined in the OiC Directions. The Committee’s primary role is to make decisions concerning the risk posed by information sharing activities with a foreign entity, to recommend risk-mitigation measures as appropriate, and to refer decisions to the Deputy Minister of Foreign Affairs when required. The AMCC is supported by a secretariat which assists in communicating decisions within the department, as well as documenting how cases are managed. The Committee is similar to mechanisms that exist within other departments and agencies subject to ACMFEA.

The AMCC is convened on an ad hoc basis to review the proposed disclosure, request or use of information by a GAC division or mission in cases in which prohibitions under the OiC Directions may apply.

The AMCC convened two times during this period to evaluate two related cases where the OiC Directions were engaged.

For both cases, the Committee determined that there was not a substantial risk of mistreatment if the information was to be shared with authorities in the countries in question. The Committee granted the requesting Global Affairs Canada officials the permission to share the information on condition that the proposed mitigation measures to ensure compliance with the OiC Directions be applied. Details are provided in a classified annex.

Departmental policies and procedures

In 2024, the GAC updated its policy guidance tools for GAC employees engaging in information sharing activities. This included guidance, a new risk assessment form and, a record keeping tool for documenting decision making in cases where the prohibitions under the OiC Directions may apply and to enable departmental officials to efficiently integrate considerations related to ACMFEA and OiC Directions into their work. These tools were advertised through various internal channels. The department also published supporting information materials on how to appropriately use these policy guidance materials.

Training and outreach

The department’s obligations under ACMFEA and the OiC Directions are currently included as part of a broader intelligence training course called ‘Governance, Access, Technical Security, and Espionage’ (GATE), which was delivered to a total of 1127 employees in 86 training sessions during the reporting period. An in-depth session on the department’s information sharing practices, including its obligations under the Directions, was also offered to 12 diplomats in a Global Security Reporting role in June 2024. Finally, the department’s Head of Mission (HOM) Handbook provided to all new HOMs includes a comprehensive section on GAC’s obligations under the OiC Directions, including procedures on how to refer cases to the AMCC. GAC is developing an online training module dedicated exclusively to ACMFEA to support employees across all branches and staff serving in missions abroad in their understanding the department’s obligations when sharing information with foreign entities.

The Consular Policy Bureau also offered training in various format on the topic, including sessions during the consular pre-posting week on Arrest and Detention, Prison Visits and Arbitrary Detention Responses, and the online course “Safeguarding Personal Information: The Role of the Consular Officer”. These various courses, which introduced employees to ACMFEA and OiC Directions, were offered to 50 employees in 2024.

Human rights reporting

GAC's Human Rights Reports provide an evidence-based overview of the human rights situation in a particular country, including significant events, trends and developments. The reports inform Canada's international engagements, including foreign policy, development, trade and consular activities. Reports are prepared by Canada’s diplomatic missions abroad and can be classified. GAC’s Human Rights Reports are produced for an internal Government of Canada audience and are made available to a wide range of departments and agencies, including the Royal Canadian Mounted Police (RCMP), the Canadian Security Intelligence Service (CSIS), the Canada Border Services Agency, Immigration Refugees and Citizenship Canada, the Department of National Defence, Public Safety Canada and the Communications Security Establishment. These reports support evidence-based risk assessments across several departments and agencies for cases where obligations under the OiC Directions may be engaged.

GAC’s human rights reporting template and instructions include a mandatory section focusing on risks related to torture and mistreatment. These reports are a key source of information used to inform decision making in cases where the OiC Directions may apply. In response to the increased demand for reliable information on mistreatment since the OiC Directions were issued, GAC updated its reporting guidelines and templates to collect more detailed and relevant information concerning torture and mistreatment from missions.

Every year, a country list is developed based on consultations with GAC geographic divisions (in consultation with Canada’s diplomatic missions abroad), consular divisions and partner government departments and agencies, including those that issued OiC Directions pursuant to ACMFEA to support their evaluations for cases where obligations under the Directions may be engaged. In the 2024 reporting cycle, GAC produced 119 human rights reports on countries of focus for the period of January to December 2023, which were all made available to other government departments. Thanks to a broader consultation strategy with these departments and agencies the previous year, the 2024 reporting cycle was a record year for the number of human rights reports produced.

Finally, the Executive Director of GAC’s Human Rights, Freedoms and Inclusion Division sent a message to all Heads of Mission in Fall 2023 to launch the annual reporting cycle, reminding them of the important role that human rights reports play in supporting compliance with ACMFEA Directions, not only by GAC but by all partner departments and agencies subject to the same obligations.

GAC will continue to collaborate with partner government departments and agencies on its human rights reporting process to provide relevant, evidence-based information and support decision-making related to the Directions.

Collaboration with other government departments and agencies

Inter-departmental human rights consultation

For the reporting period, GAC has met and continued to collaborate on an ad hoc basis with several departments on their respective human rights risk assessments for several countries. While GAC does not produce human rights risk assessments, GAC’s contribution to these reviews was guided by its annual human rights reporting, and input from missions and geographic divisions.

This collaboration is in consideration of NSIRA’s recommendation “that departments identify a means to establish unified and standardized country and entity risk assessment tools to support a consistent approach by departments when interacting with Foreign Entities of concern under the Act.” These government departments and agencies have indicated that GAC’s on-the-ground perspective is particularly valuable in developing human rights risk assessments and considering the ever-evolving nature of the global human rights situation, this collaboration is particularly useful. GAC committed to continue sharing its human rights reports proactively with the interdepartmental community and several departments have expressed interest in developing a means of proactively sharing their respective departments’ profiles in a similar manner to GAC.

Information Sharing Coordination Group

GAC participates in the Information Sharing Coordination Group (ISCG), an interdepartmental working group led by Public Safety Canada to support a coordinated approach to implementing the OiC Directions across all implicated departments and agencies. The ISCG held one meeting in 2024. GAC officials contributed to discussions on departmental policies and procedures on the implementation of OiC Directions; lessons learned for establishing a consistent approach to country-level risk assessments; the methodology and best practices employed in human rights reporting; and the setting of priority countries for ISCG member departments and agencies for GAC consideration when it develops its yearly list of Human Rights Reports.

In December 2024, GAC officials participated in an inter-departmental, a half-day working-level Human Rights Summit with other government departments and agencies. The Summit serves as a vital forum for the ACMFEA community, promoting interdepartmental engagement and collaboration on the human rights assessments that inform MRAs (mistreatment risk assessments). The meeting was organized by CSE in consideration of NSIRA’s recommendation “that departments identify a means to establish unified and standardized country and entity risk assessment tools to support a consistent approach by departments when interacting with Foreign Entities of concern under the Act.”

Information Sharing Evaluation Committee (CSIS)

GAC sits on CSIS’s Information Sharing Evaluation Committee (ISEC) in an advisory capacity to offer input on human rights and foreign policy considerations, which can include legal considerations as they relate to GAC's economic sanctions regime, assessments of human rights records of the entities being discussed, and any consular or other foreign policy considerations. ISEC is a CSIS Director General-level committee, which is convened on an ad hoc basis to deliberate cases that may pose a higher risk of mistreatment. ISEC assesses cases involving the disclosure of information to, request for information from, or the use of information from foreign entities and comes to a decision on whether a proposed action may or may not proceed in accordance with CSIS policy, ACMFEA, and the OiC directions. GAC participated in three ISEC meetings in 2024.

Conclusion

During the reporting period, two information sharing cases were presented to the AMCC where the OiC Directions were engaged: for both, the AMCC concluded that the risk could be mitigated with certain measures, therefore the information sharing activity could proceed. No restrictions were applied by GAC to formal information-sharing agreements or arrangements due to concerns related to torture or mistreatment.

GAC continued to advance the full implementation of ACMFEA and the OiC Directions across business lines and worked with counterparts from other departments to develop a more coordinated approach to reducing risks related to mistreatment. In the year ahead, GAC will look at ways to increase its support to branches at headquarters and missions abroad to ensure compliance with the Act and will continue to develop an ACMFEA online training module. The department will also continue to actively collaborate with other departments and agencies on the implementation of the Act by providing its human rights reporting to the government-wide community and participating in interdepartmental initiatives.