Bi-Weekly Briefing 21-31 January 2021

Canada’s New Measures for Covid-19 International Travel

Canada Border Services agency has reported that 6.3 million Canadian travellers who have entered Canada since the coronavirus pandemic began have failed to comply with a full 14-day mandatory quarantine. The current rules dictate that even travellers who do not show symptoms must quarantine for 14 days, unless they are exempt. Public health officials are concerned that without proper monitoring and tracking procedures at points of entry, the coronavirus--and its new variants-- risk spreading further. New variants include the British-originated B.1.1.7, which is notable for its increased contagious properties relative to other strain variants, and which prompted Canada to suspend incoming flights from Britain.

 Travellers who display symptoms of Covid-19 must self-isolate for 14 days, and every traveller, regardless of method of travel or country of origin, is required to undergo a Covid-19 screening upon entry.  The CBSA statistics take into account arrivals by land and air, and report that 74% of the 8.6 million travelers since late March 2020 have been exempt from the quarantine rules. Exemptions exist for truck drivers, considered critical in Canada’s trade and transportation sector, and other cross-border employees. Kelley Lee of Simon Fraser university has urged the government to prioritize the vaccination of truck drivers and airline crews, among other essential workers, and also improve upon their ability to track travel-related cases. Exempted travelers are not subject to proactive monitoring after entering Canada.

 As of January 7, the federal government has made it mandatory that those wishing to enter Canada by air must be able to demonstrate a negative Covid-19 status from a test administered no more than 72 hours prior to their flight. On January 29, Prime Minister Justin Trudeau announced that the only airports that could receive overseas travellers would be Montreal, Toronto, Calgary and Vancouver, and testing will also be mandatory upon arrival. Mandatory testing will also eventually take place at land border crossings. Under the new rules, those arriving in Canada will also be required to wait 3 days for their test results under supervision at a hotel, and travelers will also be required to cover the estimated $2000 cost for this time. Canadian public health officials cite international travel as being linked to only about 2.5 per cent of total cases. These measures come into effect as the U.S. State Department under newly elected President Joe Biden has suggested an increase in land border measures.

Intelligence Commissioner Finds Inconsistencies with Intelligence Authorizations

A report published by the Office of the Intelligence Commissioner raises concerns around the authorization of Communications Security Establishment foreign intelligence investigations by the Defence Minister when in some cases the CSE provides minimal justification. A Foreign Intelligence Authorization is required if CSE needs, in furtherance of its foreign intelligence mandate, to commit acts which contravene an Act of Parliament, or collect information which may violate the reasonable expectation of privacy held by a Canadian or a person in Canada.

The intelligence commissioner role was adopted in Canada in 2019, currently held by Jean-Pierre Plouffe. The role is meant to perform an independent, quasi-judicial review of the ministerial authorizations granted to intelligence community operations. Plouffe found that ministerial conclusions related to successful authorizations were “insufficient or non-existent”. The annual report is short on specific details pertaining to the requests, noting inconsistencies in the applications for authorizations produced by CSE, and that some activities outlined in the authorization requests were either overlooked by the minister in his approval or lacked sufficient facts from CSE. Particular conditions added by the minister also lacked discussion in his conclusions and throughout the application record. The commissioner’s report did not provide details regarding what he felt was missing from the applications. CSE also has a responsibility to provide support for, and protect, Canada’s information infrastructure, acting as the authority on cybersecurity. If, in its furtherance of this responsibility, CSE might violate a Canadian law or infringe upon the Charter of Rights and Freedoms, it requires a CyberSecurity Authorization from the Minister of National Defence. Plouffe found issues in the application records for these Authorizations as well, noting in particular that particular activities mentioned in the CSE report were not considered in the conclusions of the minister prior to authorization.

The commissioner also reviewed electronic information archives held by CSIS to ensure that data collection and retainment was in line with the National Security Act, 2017. The Minister of Public Safety and Emergency Preparedness is responsible for providing determinations around the “classes of acts or omissions”. CSIS has the legal authority to collect datasets related to a Canadian or individuals in Canada if it belongs to an approved class of these datasets. The Minister must make the determination that a particular dataset, and its exploitation, relates to CSIS’ duty to protect Canada against national security threats. The commissioner found that minor improvements could be made to the determinations of the minister, only partially approving the determination of some authorizations and finding some of the rationale unreasonable.      

CSIS Concerns Over Digital Service Alibaba Global Accelerator

Canada’s domestic intelligence agency, CSIS, has alerted Canadian universities to potential cybersecurity threats posed by the use of a service provided by Chinese e-commerce company Alibaba. The service known as Alibaba Global Accelerator is used to aid in the facilitation of Canadian Zoom classes for students based in China. CSIS warned universities that this service could be used by a Chinese security service for surveillance or monitoring.

Alibaba Global Accelerator is designed to circumvent network congestion and reduce communication lag. Alibaba has claimed to provide this service to aid in internet connection stability in a pandemic which saw work and education turn virtual, and they maintain that information exchanged using this service cannot be accessed by Alibaba. In briefing the Canadian University Council of Chief Information Officers, CSIS referred to a 2017 Chinese law that allows the government to compel companies to “support, co-operate with and collaborate in national intelligence work” at the request of its security services. This is in conjunction with concerns that the Chinese government may choose to nationalize Alibaba. Professor Stephanie Carvin of Carleton University (and Intrepid) highlighted the high value data that would be afforded to the Chinese government if they took over Alibaba, including user passwords which are commonly reused for different accounts. They would also be privy to audio and video recordings of video conferences. Professor Carvin warned against a tradeoff between the need for a smooth transition to virtual activities and weaker security measures.

 

Biden Administration Considering Pandemic Warning System

U.S. President Joe Biden issued a national security directive to secure funds to create a centre for “early warning and trigger systems” in anticipation of biological threats. This would see responses to pandemic situations classified as a top national security priority, and prioritize cooperation with other countries to manage these threats. Comparisons have been drawn between the projected U.S. warning system and Canada’s Global Public Health Intelligence Network (GPHIN), which was once renowned for the effectiveness with which it detected and monitored dangerous disease outbreaks globally. A reconfiguration to the GPHIN began in 2018, with resources being diverted to non-pandemic response projects.

GPHIN was created in the 1990s, quickly gaining credibility for its efforts monitoring and tracking H1N1, Ebola, and other outbreaks. Its role was to gather critical outbreak intelligence over the course of its development, tracking data and urging governments to respond accordingly, including providing advice as to “when to shore up hospitals and long-term care homes” and “measures like border closings, social distancing and masks should be deployed”. The Globe and Mail reported that as of early 2019, the GPHIN’s international alert system component had gone dark. This prompted two federal probes into the Public Health Agency’s management of the GPHIN system, including an investigation into accusations that scientists were ignored. The probes were initiated by the Auditor-General, and an independent federal review was instigated by the Health Minister, with results expected in the spring.

GPHIN would have been considered instrumental in the environment which fostered coronavirus, specifically as it was created for the gathering of analysis independent from government statements, such as the ones put out by China which attempted to downplay the severity of the virus. This would have potentially provided for greater federal risk assessments, as seen with previous outbreaks such as Ebola. Dr. David Heymann, a former WHO epidemiologist, said countries will attempt to protect their economic interests by hiding disease outbreaks, with the GPHIN previously forcing governments to be more transparent, thereby allowing for adequate response measures and a greater likelihood for disrupting an outbreak.