Canadian Security Intelligence Service Act

Marginal note:Measures to reduce threats to the security of Canada

• 12.1 (1) If there are reasonable grounds to believe that a particular activity constitutes a threat to the security of Canada, the Service may take measures, within or outside Canada, to reduce the threat.

• Marginal note:Limits

  (2) The measures shall be reasonable and proportional in the circumstances, having regard to the nature of the threat, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy.

• Marginal note:Alternatives

  (3) Before taking measures under subsection (1), the Service shall consult, as appropriate, with other federal departments or agencies as to whether they are in a position to reduce the threat.

• Marginal note:Canadian Charter of Rights and Freedoms

  (3.1) The Canadian Charter of Rights and Freedoms is part of the supreme law of Canada and all measures taken by the Service under subsection (1) shall comply with it.

• Marginal note:Warrant — Canadian Charter of Rights and Freedoms

  (3.2) The Service may take measures under subsection (1) that would limit a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms only if a judge, on an application made under section 21.1, issues a warrant authorizing the taking of those measures.

• Marginal note:Condition for issuance

  (3.3) The judge may issue the warrant referred to in subsection (3.2) only if he or she is satisfied that the measures, as authorized by the warrant, comply with the Canadian Charter of Rights and Freedoms.

• Marginal note:Warrant — Canadian law

  (3.4) The Service may take measures under subsection (1) that would otherwise be contrary to Canadian law only if the measures have been authorized by a warrant issued under section 21.1.

• Marginal note:Notification of Review Agency

  (3.5) The Service shall, after taking measures under subsection (1), notify the Review Agency of the measures as soon as the circumstances permit.

• Marginal note:Clarification

  (4) For greater certainty, nothing in subsection (1) confers on the Service any law enforcement power.