The Complaints Function

This was the first year in which I had the authority to respond directly to individuals who raise complaints about CSE's activities. Previously, under my original mandate, I could receive such complaints but I was not able to report to the complainants about my findings. I was pleased when this limitation was removed when my mandate was renewed.

To help members of the public understand the role of my Office, and in particular the complaints function, we published a brochure, Safeguarding the Privacy of Canadians. The brochure notes that because complaints may contain sensitive information or may affect the privacy of Canadians, my Office will accept complaints only by mail, addressed to me. Copies of the brochure are available upon request.

My background and training in arbitration and mediation before I became Commissioner have made me a strong advocate of the benefits of alternative dispute resolution. By bringing the two sides to a dispute together to seek a mutual solution, alternative dispute resolution can reduce both conflict and costs and lead to a settlement that leaves both sides satisfied. For this reason, I have incorporated alternative dispute resolution processes into the Office's mechanisms for addressing complaints.

During the past year, I responded to a number of enquiries from concerned individuals. I can report, however, that no formal complaints were received by my Office.  

Anonymous Allegations

One option open to me in reviewing the activities of CSE is to guarantee anonymity to people, particularly current or former employees, who come to me with allegations of illegal activity by CSE. Some observers believe such an offer would enhance my ability to determine whether such activities were taking place.

I do not believe guaranteed anonymity for accusers is the right way to go. This approach would have the potential to poison the operating environment at CSE, or at any other institution with such a guarantee. Managers and co-workers could easily become reluctant to offer necessary criticisms and critiques of the work of other employees for fear that an offended employee could make anonymous unfounded accusations against them.

For these reasons, the complaints procedures I have established for this Office do not shield the identity of people who bring forth allegations of illegal activity by CSE. It is my belief that, by putting the appropriate mechanisms in place in an environment designed to address issues constructively, complainants will feel compelled to come forward, in good faith, to raise legitimate concerns. At the same time, I will not hesitate to use all the authority of my Office to ensure that complainants acting in good faith do not suffer reprisals from any quarter, regardless of the ultimate disposition of the issues they raise.