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Opening Remarks
By
The Honourable John C. Major, C.C., Q.C
On the release of the Report of the
Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182
By
The Honourable John C. Major, C.C., Q.C
On the release of the Report of the
Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182
The bombing of Air India Flight 182 on June 23, 1985 was an act of terrorism. Three hundred and twentynine
persons – passengers and crew – died in the North Atlantic off the coast of Ireland. The majority of
the passengers were Canadian; one quarter of the victims (82) were under the age of thirteen. Their families
still grieve for them here in Canada.
persons – passengers and crew – died in the North Atlantic off the coast of Ireland. The majority of
the passengers were Canadian; one quarter of the victims (82) were under the age of thirteen. Their families
still grieve for them here in Canada.
The bomb that blew up Air India Flight 182 was manufactured in Canada as part of a plot that was
developed in Canada. The bomb was hidden in luggage that was placed on a Canadian plane in
Vancouver and later transferred to Air India 182 in Toronto which stopped in Montreal to pick up
additional passengers before it commenced its fatal flight. Another bomb was placed on a Canadian plane
in Vancouver, in luggage destined for an Air India flight, and exploded in Narita, Japan, killing two
baggage handlers.
developed in Canada. The bomb was hidden in luggage that was placed on a Canadian plane in
Vancouver and later transferred to Air India 182 in Toronto which stopped in Montreal to pick up
additional passengers before it commenced its fatal flight. Another bomb was placed on a Canadian plane
in Vancouver, in luggage destined for an Air India flight, and exploded in Narita, Japan, killing two
baggage handlers.
I stress that this is a Canadian atrocity. For too long the greatest loss of Canadian lives at the hands of
terrorists has been somehow relegated outside the Canadian consciousness.
terrorists has been somehow relegated outside the Canadian consciousness.
For this reason, in December 2007, we released our first report – “The Families Remember” – to chronicle
the human toll inflicted by terrorists. The moving testimonials described the unfulfilled potential, the
broken dreams, and the loss of great leaders, high achievers, and role models – young and old. All were
loved and their families were left to struggle with unimaginable suffering. Their stories are Canadian or
have a strong Canadian connection.
the human toll inflicted by terrorists. The moving testimonials described the unfulfilled potential, the
broken dreams, and the loss of great leaders, high achievers, and role models – young and old. All were
loved and their families were left to struggle with unimaginable suffering. Their stories are Canadian or
have a strong Canadian connection.
But the story of Air India Flight 182 goes beyond the loss of life, as terrible as that is. This was the largest
mass murder in Canadian history. A cascading series of errors contributed to the failure of our police and
security forces to prevent this atrocity. The level of error, incompetence, and inattention which took place
before the flight was sadly mirrored in many ways for many years, in how authorities, Governments, and
institutions dealt with the aftermath of the murder of so many innocents: in the investigation, the legal
proceedings, and in providing information, support and comfort to the families.
mass murder in Canadian history. A cascading series of errors contributed to the failure of our police and
security forces to prevent this atrocity. The level of error, incompetence, and inattention which took place
before the flight was sadly mirrored in many ways for many years, in how authorities, Governments, and
institutions dealt with the aftermath of the murder of so many innocents: in the investigation, the legal
proceedings, and in providing information, support and comfort to the families.
Our task was not easy. Our work commenced more than twenty years after the Air India plane, Kanishka,
was destroyed. Memories fade, files and other information disappear, and the fear of criticism often
coloured how government agencies responded to our Inquiry.
was destroyed. Memories fade, files and other information disappear, and the fear of criticism often
coloured how government agencies responded to our Inquiry.
I am proud that this Commission of Inquiry was conducted publicly. There were no secret hearings in
which any evidence was taken. The public has a right to know what happened and why it was allowed to
happen and, if errors were made on the part of our law enforcement and security agencies, what they were
and which agencies were responsible.
which any evidence was taken. The public has a right to know what happened and why it was allowed to
happen and, if errors were made on the part of our law enforcement and security agencies, what they were
and which agencies were responsible.
In our report, no blame is placed on any individuals, but we do note that various institutions and
organizations did not fulfill their responsibilities. While our terms of reference were broad and all
encompassing, it was not our task to review the work of our legal system. It was never part of our mandate
to identify the perpetrators of this crime.
organizations did not fulfill their responsibilities. While our terms of reference were broad and all
encompassing, it was not our task to review the work of our legal system. It was never part of our mandate
to identify the perpetrators of this crime.
There were seven Terms of Reference in the Commission’s mandate:
Threat Assessment
– Were there deficiencies in how Canada’s government agencies assessed the threat
posed by Sikh terrorism before and after June 1985?
Interagency Cooperation
– What was the nature and level of cooperation between the RCMP, CSIS,
Transport Canada and other government agencies and what changes are required to prevent a recurrence of
the Air India tragedy?
These two issues are dealt with in detail in Volume Two.
The Relationship between Security Intelligence and Evidence
– Volume Three of this Report
substantively examines this critical relationship and how it impacts on criminal trials
Terrorist Financing
– Is the current Canadian legal framework adequate to deal with these individuals and
organizations, including charitable organizations who supply funds to terrorist organizations. All of
Volume Five examines this issue.
Witness Protection
– Do current practice and legislation provide sufficient protection to persons who agree
to be witnesses at terrorism trials? This issue, along with protection of sources during investigations is dealt
with in Volume Three.
Prosecution of Terrorism Cases
– Are there unique challenges associated with the prosecution of terrorism
cases, and are there changes in legislation and practice required? This too is dealt with in detail in Volume
Three.
- and finally –
- and finally –
Aviation Security
– The Terms of Reference required us to look at the practices and legislation dealing
with the screening of passengers and their luggage. But early on we determined that this in itself would be
inadequate because aviation security goes well beyond this. So in Volume Four we have taken a broader
approach to our review of aviation security in Canada – from 1985 to the present.
approach to our review of aviation security in Canada – from 1985 to the present.
The issues are complex. The amount of information that has been amassed over 25 years is voluminous.
Our responsibility has been to review, analyse, and digest it all in accordance with our Terms of Reference
for the benefit of all Canadians. The result is a report that spans five Volumes.
for the benefit of all Canadians. The result is a report that spans five Volumes.
What we found was often surprising and disturbing. Overall, the Government of Canada and its agencies
in 1985 were not prepared for a terrorist act like the bombing of Air India Flight 182. Although the threat
of sabotage was well-known by the early 1980s, Canadian agencies still focused on hijacking and operated
as if it was the primary threat. Communications within and between security, law enforcement and
transport agencies were often flawed or non-existent. Agencies relied on different concepts of risk and what
constituted a threat to security. A lack of awareness of the threat of Sikh terrorism at the agency level led to
inadequate procedures and practices, and employees were often poorly trained. This reflected a culture of
complacency.
of sabotage was well-known by the early 1980s, Canadian agencies still focused on hijacking and operated
as if it was the primary threat. Communications within and between security, law enforcement and
transport agencies were often flawed or non-existent. Agencies relied on different concepts of risk and what
constituted a threat to security. A lack of awareness of the threat of Sikh terrorism at the agency level led to
inadequate procedures and practices, and employees were often poorly trained. This reflected a culture of
complacency.
There was a great deal of information available to CSIS and the RCMP before the bombing of Air India
Flight 182 that should have called for enhanced security procedures and vigilance. In addition to the
information that Mr. Bartleman testified that he had seen, this included highly classified CSE information
of clear potential relevance that was not provided to CSIS, and a Telex in early June 1985 from Air India
warning of the potential for bombs being hidden in luggage. CSIS did not see this information either,
because the Telex was not passed on to anyone by the RCMP. I should point out, as I do in the report, that
erroneous information on this point was provided by the RCMP to Bob Rae whose investigation led to the
creation of this Commission of Inquiry. This alone is disturbing, but there were other instances we
discovered where government agencies were not always forthcoming to this Commission.
information that Mr. Bartleman testified that he had seen, this included highly classified CSE information
of clear potential relevance that was not provided to CSIS, and a Telex in early June 1985 from Air India
warning of the potential for bombs being hidden in luggage. CSIS did not see this information either,
because the Telex was not passed on to anyone by the RCMP. I should point out, as I do in the report, that
erroneous information on this point was provided by the RCMP to Bob Rae whose investigation led to the
creation of this Commission of Inquiry. This alone is disturbing, but there were other instances we
discovered where government agencies were not always forthcoming to this Commission.
Many specific examples of aviation security lapses are detailed in the report. But the example of Brian
Simpson was particularly striking. As a summer employee he boarded Flight 182 at Pearson Airport in
Toronto without detection on the afternoon of June 22, 1985. He had complete access to the aircraft from
the {censored}pit to the equipment at the rear. The attempts by Government counsel to discredit this witness
were ineffectual; as were their similar efforts with Mr. Bartleman and Staff Sergeant Solvason. Mr.
Simpson’s evidence revealed numerous weaknesses in security.
During the investigation that followed the bombing, and is continuing to this day, CSIS and the RCMP
were unable to cooperate effectively, or sometimes at all. This was particularly apparent when it came to
human sources. There were individuals in the Sikh community who claimed to have knowledge about the
bombing and its perpetrators. The Agencies failed to obtain that information, to preserve it for use as
evidence, or to offer adequate protection to those individuals. Instead, they engaged in “turf-wars”, failed
to share information, and adopted a misguided approach to the sources. In the end, of the three individuals
who were to be the key witnesses in the Air India trial, one was murdered before the trial began, one
feigned memory loss because she was too frightened to testify, and one was forced to enter the Witness
Protection Program two years earlier than planned, due to the RCMP’s inadvertent disclosure of her
identity. Another source ended up never providing the information he was thought to have, and that
information remains unknown.
Toronto without detection on the afternoon of June 22, 1985. He had complete access to the aircraft from
the {censored}pit to the equipment at the rear. The attempts by Government counsel to discredit this witness
were ineffectual; as were their similar efforts with Mr. Bartleman and Staff Sergeant Solvason. Mr.
Simpson’s evidence revealed numerous weaknesses in security.
During the investigation that followed the bombing, and is continuing to this day, CSIS and the RCMP
were unable to cooperate effectively, or sometimes at all. This was particularly apparent when it came to
human sources. There were individuals in the Sikh community who claimed to have knowledge about the
bombing and its perpetrators. The Agencies failed to obtain that information, to preserve it for use as
evidence, or to offer adequate protection to those individuals. Instead, they engaged in “turf-wars”, failed
to share information, and adopted a misguided approach to the sources. In the end, of the three individuals
who were to be the key witnesses in the Air India trial, one was murdered before the trial began, one
feigned memory loss because she was too frightened to testify, and one was forced to enter the Witness
Protection Program two years earlier than planned, due to the RCMP’s inadvertent disclosure of her
identity. Another source ended up never providing the information he was thought to have, and that
information remains unknown.
Almost immediately after the bombing, the government of the day, and subsequent governments, chose to
speak with “one voice”. This approach continued up to and through our hearings and continues still. This
made our assignment more difficult and often frustrated our attempts to find out what really went wrong.
The Final Submissions of Government counsel tended to paint a picture of harmony and understanding,
where little existed. At the same time, and somewhat inconsistently, the Government argued, “That was
then, this is now” basically suggesting that whatever weaknesses or deficiencies existed in 1985 have been
fully recognized, analysed, and rectified in the present day. This Commission rejects that position. There
remains a failure to recognize what went wrong, why, and what should be done today. In addition, there is
a need for reform of our institutions which must not have to wait for the urgency that would arise from
another terrorist attack.
We make numerous recommendations to better manage the intelligence / evidence relationship. Primary
amongst these is our recommendation that the role of the National Security Advisor in the Privy Council
Office be enhanced. This is a crucial and fundamental requirement to achieve better co-ordination across
the many agencies that have national security responsibilities.
made our assignment more difficult and often frustrated our attempts to find out what really went wrong.
The Final Submissions of Government counsel tended to paint a picture of harmony and understanding,
where little existed. At the same time, and somewhat inconsistently, the Government argued, “That was
then, this is now” basically suggesting that whatever weaknesses or deficiencies existed in 1985 have been
fully recognized, analysed, and rectified in the present day. This Commission rejects that position. There
remains a failure to recognize what went wrong, why, and what should be done today. In addition, there is
a need for reform of our institutions which must not have to wait for the urgency that would arise from
another terrorist attack.
We make numerous recommendations to better manage the intelligence / evidence relationship. Primary
amongst these is our recommendation that the role of the National Security Advisor in the Privy Council
Office be enhanced. This is a crucial and fundamental requirement to achieve better co-ordination across
the many agencies that have national security responsibilities.
We also recommend the creation of a Director of Terrorism Prosecutions, appointed by the Attorney
General of Canada. Because of the difficulties that arose with destruction of potential evidence (for
example, the Parmar tapes), we make recommendations on modernizing the collection and retention of
evidence in CSIS. We also make recommendations dealing with disclosure of intelligence and various
privileges, including police informer privilege. We recommend that the Canada Evidence Act be amended
so that the trial court in a terrorism prosecution will be responsible for making decisions on National
Security Confidentiality, rather than continuing the present two court system with responsibility divided
between the Federal Court of Canada and the Superior Court in the Province conducting the trial. As well,
we endorse the use of security cleared Special Advocates to challenge government claims of National
Security privilege, and the passage of legislation to clarify the scope of this privilege.
General of Canada. Because of the difficulties that arose with destruction of potential evidence (for
example, the Parmar tapes), we make recommendations on modernizing the collection and retention of
evidence in CSIS. We also make recommendations dealing with disclosure of intelligence and various
privileges, including police informer privilege. We recommend that the Canada Evidence Act be amended
so that the trial court in a terrorism prosecution will be responsible for making decisions on National
Security Confidentiality, rather than continuing the present two court system with responsibility divided
between the Federal Court of Canada and the Superior Court in the Province conducting the trial. As well,
we endorse the use of security cleared Special Advocates to challenge government claims of National
Security privilege, and the passage of legislation to clarify the scope of this privilege.
Because of the special circumstances of witnesses in terrorism cases, we recommend a new position – the
National Security Witness Protection Coordinator to manage the protection of those who are willing to risk
their well-being to assist in the prosecution of terrorists.
We also make recommendations on the management of complex terrorism prosecutions and, after much
consideration, reject the notion of moving to a three-judge system. We believe that such a system would be
no more effective than the current system.
their well-being to assist in the prosecution of terrorists.
We also make recommendations on the management of complex terrorism prosecutions and, after much
consideration, reject the notion of moving to a three-judge system. We believe that such a system would be
no more effective than the current system.
In the area of aviation security, we make additional recommendations. We conclude that security
measures have to be applied in mutually reinforcing layers in order to address all vulnerabilities in the
system. We call for government and other responsible parties to close the remaining gaps in the civil
aviation security system, especially with respect to air cargo and airport security inside the terminal, airside
in general aviation areas, and on the perimeter. We note the recent announcement by the Government of
Canada to allocate resources for new air cargo security measures. However, a comprehensive approach is
still essential.
system. We call for government and other responsible parties to close the remaining gaps in the civil
aviation security system, especially with respect to air cargo and airport security inside the terminal, airside
in general aviation areas, and on the perimeter. We note the recent announcement by the Government of
Canada to allocate resources for new air cargo security measures. However, a comprehensive approach is
still essential.
We stress the need for a national risk management protocol that includes all of the major players in the
security system – intelligence, law enforcement, transport, air carriers and contracted services. Through
public education, Transport Canada and other responsible agencies should “foster a culture of security
awareness and consistent vigilance.” This includes proper training of front line workers as well as other
airport personnel.
public education, Transport Canada and other responsible agencies should “foster a culture of security
awareness and consistent vigilance.” This includes proper training of front line workers as well as other
airport personnel.
In addition to our specific recommendations, we make four observations which bear mention.
First, we believe that the RCMP is not properly structured to deal with terrorism prosecutions. There is a
need for greater specialization and a more concentrated focus on the means for investigating and
supporting the prosecution of national security offences. Perhaps the time has arrived to re-assess the role
of the RCMP in providing contractual policing services in many of the Provinces
Second, Canada has a great deal to learn about terrorism – why it exists and how it operates. To this end,
we are proposing the development of an academic centre to study terrorism and counterterrorism – similar
to the Security and Defence Forum sponsored by the Department of National Defence.
need for greater specialization and a more concentrated focus on the means for investigating and
supporting the prosecution of national security offences. Perhaps the time has arrived to re-assess the role
of the RCMP in providing contractual policing services in many of the Provinces
Second, Canada has a great deal to learn about terrorism – why it exists and how it operates. To this end,
we are proposing the development of an academic centre to study terrorism and counterterrorism – similar
to the Security and Defence Forum sponsored by the Department of National Defence.
To commemorate the victims of the Air India bombing, we propose that the Government name this “The
Kanishka Centre”.
Third, this Commission believes that there would be great merit in a demonstration of solicitude by the
present Government for the families of the victims of the bombing.
To this end, we propose the creation of
an independent body to “recommend an appropriate
ex gratia payment and to oversee its distribution.”
The families, in some ways, have often been treated as adversaries, as if they had somehow brought this
calamity upon themselves. This goes against the Canadian sense of fairness and propriety. Our report sets
out the inherent injustice of what has transpired in terms of the treatment of the families of the victims to
date at the hands of previous Governments. The time to right that historical wrong is now.
calamity upon themselves. This goes against the Canadian sense of fairness and propriety. Our report sets
out the inherent injustice of what has transpired in terms of the treatment of the families of the victims to
date at the hands of previous Governments. The time to right that historical wrong is now.
Finally, a Commission ends once its report has been submitted. But, there is too much at stake, there are
still too many risks, to allow our Report and our recommendations to be read, discussed, and then
forgotten without any follow-up action being taken. We strongly urge the Government to establish some
sort of an oversight mechanism to report on how our recommendations are being addressed: those that
have been implemented; those that have been rejected; and those that require further study.
still too many risks, to allow our Report and our recommendations to be read, discussed, and then
forgotten without any follow-up action being taken. We strongly urge the Government to establish some
sort of an oversight mechanism to report on how our recommendations are being addressed: those that
have been implemented; those that have been rejected; and those that require further study.
The Government needs to take responsibility to avoid further failures and to prevent a return to a culture of
complacency. The finest tribute that could be paid to the victims of the bombing of Air India Flight 182
would be the creation of a rigorous aviation security system. This will require cooperation and resources –
but, most importantly, leadership from the highest levels of government. Canada owes this legacy to the
victims and their families.
complacency. The finest tribute that could be paid to the victims of the bombing of Air India Flight 182
would be the creation of a rigorous aviation security system. This will require cooperation and resources –
but, most importantly, leadership from the highest levels of government. Canada owes this legacy to the
victims and their families.
The issues that we addressed are issues that also confront us today, albeit in a different context, as much as
they did 25 years ago. Our allies are faced with essentially the same challenges. I hope that this report will
not only assist our Government but others as well.
they did 25 years ago. Our allies are faced with essentially the same challenges. I hope that this report will
not only assist our Government but others as well.
___________________________________________________________
June 17, 2010
Key Findings of the Commission of Inquiry into the
Investigation of the Bombing of Air India Flight 182
PRE
‐BOMBING
•
Government agencies were in possession of significant pieces of information that, taken
together, would have led a competent analyst to conclude that Flight 182 was at high risk of
being bombed by known Sikh terrorists in June 1985.
being bombed by known Sikh terrorists in June 1985.
•
James Bartleman’s evidence that, shortly before the bombing, he saw a specific threat to Air
India Flight 182, is credible. The Commission accepts the possibility that such a document would
have been ignored and then subsequently have gone missing.
have been ignored and then subsequently have gone missing.
•
Additional, highly classified, threat information was in the possession of the Communications
Security Establishment (CSE). This information, which was received by the Commission after the
close of the hearings, was consistent with other information about the threat of sabotage and
close of the hearings, was consistent with other information about the threat of sabotage and
hijacking by Sikh extremists in June 1985, and indicated that Indian airports were undertaking
security audits in response to the threat.
security audits in response to the threat.
•
Even without the evidence of James Bartleman and the CSE information, the Commission finds
that the amount of information collectively held by the Government made the failure to
implement appropriate anti
implement appropriate anti
‐sabotage measures inexcusable.
•
The view of Canadian officials prior to the bombing that government‐owned Air India was
“crying wolf” in order to obtain additional security for free was misguided.
•
The institutional arrangements and practices of information‐gathering agencies were wholly
deficient in terms of internal and external sharing of information, as well as analysis.
•
Government agencies failed to appreciate the nature and the seriousness of the threat of Sikh
extremism.
•
The five‐month delay in CSIS’ application to intercept Parmar’s communications, which was a
result of a warrant conversion process that prioritized existing warrants over new applications,
was entirely disproportionate to the level of the threat.
was entirely disproportionate to the level of the threat.
•
CSIS surveillance was ineffective. Surveillants were unable to distinguish one traditionally
attired Sikh from another. When a CSIS surveillance team observed experiments involving a test
explosion conducted by Sikh extremists in the woods in Duncan B.C. in June 1985 (the Duncan
explosion conducted by Sikh extremists in the woods in Duncan B.C. in June 1985 (the Duncan
Blast), the loud sound heard was misinterpreted as a gunshot. No photograph was taken of the
unknown third person present (Mr. X.) because surveillants had not brought a camera.
2
unknown third person present (Mr. X.) because surveillants had not brought a camera.
2
•
CSIS failed to include important information, such as the Duncan Blast, in the threat
assessments it provided to the RCMP and Transport Canada.
•
The RCMP wasted resources creating a threat assessment structure parallel to CSIS’. The RCMP
structure was itself ineffective
‐ it failed to identify, report, and share threat information.
•
The RCMP failed to transmit the June 1st Telex, warning about the possibility of bombing with
time
‐delayed devices in June 1985, to either CSIS or to Transport Canada.
•
Excessive secrecy in information sharing prevented any one agency from obtaining all necessary
information to assess the threat. Excessive secrecy also prevented those on the frontlines from
obtaining information necessary to put in place security measures responsive to the threat.
obtaining information necessary to put in place security measures responsive to the threat.
•
Effective protective measures were not implemented in response to the threat to Air India Flight
182.
•
The concept of “specific threat” was misunderstood and misapplied. When a call‐in bomb
threat was deemed to be “specific,” it would trigger an elaborate airport emergency protocol
which, had it been employed on June 22, 1985, would likely have identified the bomb. This
which, had it been employed on June 22, 1985, would likely have identified the bomb. This
protocol had no application outside of the call
‐in threat situation. When intelligence was
received through other channels, a lack of extreme specificity was at times wrongly used to deny
additional protective resources.
additional protective resources.
•
Today, the concept of specific threat has become an excuse to explain why more was not done
to prevent the bombing on June 22, 1985.
•
Security measures in response to possible threats to aviation were poorly thought out and
mechanically applied. They were not tailored to meet the particular nature of the threat.
•
Despite the knowledge of the threat of sabotage, Transport Canada and RCMP Protective
Policing displayed a lack of flexibility by continuing to rely on anti
‐hijacking security measures,
which did not address the threat of bombing.
•
There was a lack of cooperation and communication within the RCMP and between RCMP,
Transport Canada and airlines in relation to airport security.
•
Although Air India was operating under an elevated threat level, CP Air (the airline upon which
the bomb was loaded in Vancouver) was not informed of this fact and was operating under
normal security protocols.
normal security protocols.
3
•
In retrospect, the behaviour of those who booked and paid for the tickets and checked‐in the
bags should have raised red flags, but a customer service mentality governed at the time, and
airline staff were not instructed to watch for indicia of harmful intentions.
airline staff were not instructed to watch for indicia of harmful intentions.
•
In allowing the unaccompanied bag to be loaded on to its Toronto‐destined flight, CP Air failed
to follow its own baggage security procedures.
•
Transport Canada failed to pass then existing draft regulations, which would have enhanced the
security of Canadian airports, and failed until after the bombing to implement known antisabotage
measures.
measures.
•
One anti‐sabotage measure known at the time was passenger‐baggage reconciliation (a process
of matching passengers with their baggage in order to prevent unauthorized bags from being
placed on board aircraft, treating the passenger and their baggage as a single entity). Had
placed on board aircraft, treating the passenger and their baggage as a single entity). Had
passenger
‐baggage reconciliation been used, the bombing of Air India Flight 182 would have
been prevented.
•
Canadian airports were plagued by a lax security culture. Restricted areas were not adequately
protected, and private security guards and janitorial staff were not required to undergo criminal
record checks. Persons with known associations to Sikh extremist groups had access to highly
record checks. Persons with known associations to Sikh extremist groups had access to highly
sensitive areas at Vancouver International Airport.
•
Privatization and cutbacks had a negative impact on airport security. Air India was left to
implement security measures with little to no supervision by Government. Personnel in charge
of screening the luggage, who were employees of a private security company, were underpaid
of screening the luggage, who were employees of a private security company, were underpaid
and inadequately trained.
•
At Pearson airport, RCMP and Transport employees were aware of ongoing problems with the
X
‐ray machine and had demonstrated the PD4 sniffer to be ineffective. On the day of the
bombing, the remaining bags were scanned only with the PD4 sniffer when the X
‐ray machine
failed. The security employees contracted by Air India had no prior experience or formal training
in the operation of the PD4. No one informed the supervisors that the device may have reacted
in the operation of the PD4. No one informed the supervisors that the device may have reacted
to some of the bags it scanned.
•
Air India ought to have known that the security measures it was using were inadequate to
prevent a bomb being placed on its aircraft.
•
On June 22, 1985, the security level in force at Pearson and Mirabel airports called for the use of
an RCMP explosives detection dog (EDD). That weekend, however, all RCMP EDD teams were in
Vancouver for training, leaving the Toronto airport without any coverage.
Vancouver for training, leaving the Toronto airport without any coverage.
4
•
On the day of the bombing, Mr. Brian Simpson, an Air Canada summer employee at the time,
was able to board the Air India aircraft stationed outside the international departures area of
Pearson, walk around for 10 minutes or so, and leave, without challenge.
Pearson, walk around for 10 minutes or so, and leave, without challenge.
•
In Montreal, after three suspicious bags were identified and left unattended, the flight was
cleared for departure by Air India before the arrival of the explosives detection dog. Security
employee Daniel Lalonde overheard the Air India security officer mention cost
employee Daniel Lalonde overheard the Air India security officer mention cost
‐related reasons
for this decision.
POST
‐BOMBING
•
CSIS often failed to disclose promptly to the RCMP information relevant to the criminal
investigation, particularly information from human sources, or it disclosed information without
sufficient detail or in a manner that prevented the RCMP from using the information.
sufficient detail or in a manner that prevented the RCMP from using the information.
•
CSIS was mesmerized by the mantra that “CSIS doesn’t collect evidence,” and used it to justify
the destruction of raw material and information. CSIS erased the tapes that caught coded
conversations possibly related to the planning of the bombing, and CSIS investigators destroyed
conversations possibly related to the planning of the bombing, and CSIS investigators destroyed
their notes that recorded the information CSIS sources provided in relation to the Air India
bombing. Both of these actions compromised the prosecution’s evidentiary position at trial.
bombing. Both of these actions compromised the prosecution’s evidentiary position at trial.
•
CSIS delayed disclosure of necessary information for the prosecution of Interjit Singh Reyat by
adopting a legalistic and technical approach in responding to requests from prosecutor James
Jardine.
Jardine.
•
The RCMP never made a written request that the Parmar tapes be preserved, though it was
aware of their existence, and also never made a verbal request specific to the Parmar tapes until
months into the investigation, when the early tapes were already erased. CSIS only ceased
months into the investigation, when the early tapes were already erased. CSIS only ceased
ongoing erasure in 1986, following a request by the Department of Justice in connection with
the civil litigation.
the civil litigation.
•
It is impossible to determine what information, if any, was lost due to the tape erasures and it is
impossible to tell whether all tapes were listened to before being erased.
•
The RCMP often prematurely discounted or failed to follow up on intelligence leads that did not
conform to its primary theory of the case. For example, one suspect was ruled out based on
observations, made two years after the bombing, that his hair did not look like the hair of one of
observations, made two years after the bombing, that his hair did not look like the hair of one of
the individuals who had checked in the luggage, as depicted in an imprecise composite drawing.
•
The RCMP also prematurely dismissed information on the basis of preliminary assessments of
credibility. When Person 1, prior to the bombing, provided information about a plot to bomb an
5
5
Air India plane, his information was discounted as it was believed he was providing the
information for his own personal interests. This suspicion persisted after the bombing and it
took months – and critical media reports – before the RCMP reluctantly followed up on Person
1’s information, which was ultimately verified by a polygraph examination.
information for his own personal interests. This suspicion persisted after the bombing and it
took months – and critical media reports – before the RCMP reluctantly followed up on Person
1’s information, which was ultimately verified by a polygraph examination.
•
The RCMP failed to appreciate the continuing threat of Sikh extremism or the fear sources had
of their cooperation with the police being discovered. As a result, the RCMP often alienated
sources, including sources who had previously been willing to speak to CSIS, because of the
sources, including sources who had previously been willing to speak to CSIS, because of the
manner in which it treated them.
•
The RCMP failed to appropriately protect sources and witnesses.
•
The RCMP, at times, failed to take threats against Tara Singh Hayer seriously.
•
The RCMP eventually installed a video surveillance system in Mr. Hayer’s home, after his name
appeared on a “hit list.” However the system was deficient and was not functioning properly on
the day of his murder. The RCMP failed to inform Mr. Hayer’s family that no image had been
the day of his murder. The RCMP failed to inform Mr. Hayer’s family that no image had been
captured on the video cassette.
•
The RCMP devoted diminishing resources to the Air India investigation over time, and at one
point only one member was assigned to the case.
•
The RCMP investigation was plagued by internal strife within the E Division team and between E
Division and Headquarters. Creative approaches to the investigation were often discouraged.
Little progress was made until the 1995 decision to review and revive the investigation, in part
Little progress was made until the 1995 decision to review and revive the investigation, in part
because of a concern about the political fallout of a public admission that the investigation was
at an impasse.
at an impasse.
OVERALL GOVERNMENT RESPONSE TO THE AIR INDIA BOMBING AND TREATMENT OF THE FAMILIES
•
Immediately after the bombing, the Government issued public statements denying any
mistakes.
•
Early on, officials from Foreign Affairs made sincere efforts to provide assistance to the families,
in Canada and in Ireland, with limited resources and without the benefit of formal guidelines,
given the unprecedented nature of the disaster.
given the unprecedented nature of the disaster.
•
During initial inquiries in Ireland and India, instructions were issued to avoid acknowledgement
that the crash was caused by a bomb.
•
Efforts were made to limit funds expended to respond to the concerns of the families. The civil
suit they launched was settled early on by hard bargaining, before disclosure was made of much
of the information now learned in this Inquiry.
of the information now learned in this Inquiry.
6
•
The families were not kept informed about the investigation by the Government, and often
learned about new developments through the media. The RCMP only began to liaise with the
families directly after 1995. CSIS refused to participate.
families directly after 1995. CSIS refused to participate.
•
Over the past 25 years, the RCMP has at times inappropriately invoked concerns about its
ongoing investigation in order to limit the information provided to the families or to external
reviewers.
reviewers.
•
Government agencies consistently opposed external review and attempted, at times
successfully, to avoid or delay such reviews. Concerns about possible prejudice to the
Government’s position in the civil litigation with the families was cited as one of the reasons for
Government’s position in the civil litigation with the families was cited as one of the reasons for
this opposition.
•
When a review did proceed in the early 1990s, the agencies coordinated their responses in an
attempt to avoid contradiction and present a picture of greater cooperation than in fact existed.
The RCMP briefing provided in this review was less than accurate in its description of the
The RCMP briefing provided in this review was less than accurate in its description of the
ongoing relationship with CSIS.
•
The briefings provided by the agencies for the Rae review contained several significant
inaccuracies which were not revealed until this Inquiry, including a statement by the RCMP that
it had passed on the June 1
it had passed on the June 1
st Telex to CSIS; a statement by RCMP and Transport that the
presence of a dogmaster was part of the security measures in place at Toronto airport on the
day of the bombing; and a statement by CSIS that it had advised the RCMP the day after the
day of the bombing; and a statement by CSIS that it had advised the RCMP the day after the
crash about the CSIS intercept on Parmar’s communications.
•
The Government over‐redacted the documents initially provided for public release in this
Inquiry.
•
The RCMP inappropriately relied on the fact of its ongoing investigation to deny the Commission
important information when it failed, without reasonable justification, to advise the Commission
forthwith that an individual who might potentially have had relevant information had requested
forthwith that an individual who might potentially have had relevant information had requested
to speak to the Commission. The RCMP then continued to withhold this information, without
justification, even after the usefulness of the individual to the criminal investigation had been
discounted.
justification, even after the usefulness of the individual to the criminal investigation had been
discounted.
•
The Government had only one set of counsel represent all potentially affected departments and
agencies before this Inquiry. This Government decision to “speak with one voice,” despite
known differences in viewpoint, meant that the Commission was not always presented with a
known differences in viewpoint, meant that the Commission was not always presented with a
clear statement of the agencies’ positions about contentious issues.
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7
THE RELATIONSHIP BETWEEN INTELLIGENCE AND EVIDENCE AND THE CHALLENGES OF TERRORISM
PROSECUTIONS
•
•
There is a lack of institutionalized co‐ordination and direction in national security matters.
Canadian agencies have developed a culture of managing information in a manner designed to
protect their individual institutional interests.
protect their individual institutional interests.
•
The current practice of attempting to limit the information CSIS provides to the RCMP in order
to prevent its disclosure in potential criminal proceedings is misguided, as disclosure obligations
at trial are engaged by potential relevance, not by which agency has seen the information. The
at trial are engaged by potential relevance, not by which agency has seen the information. The
result of such efforts to deny intelligence to the police is an impoverished response to terrorist
threats.
threats.
•
The processes and procedures by which decisions are made as to what information should be
passed exchanged between the intelligence and law enforcement communities are seriously
flawed and require substantial revision.
flawed and require substantial revision.
•
There is no “silver bullet” solution to reconciling the needs of intelligence and law enforcement.
Neither interest is absolute and neither one can trump the claims of the other in all situations.
Reform must be directed at improving decision making by ensuring that the decision maker is
Reform must be directed at improving decision making by ensuring that the decision maker is
capable of taking into account both sets of interests as well as the broad national interest. The
recommendations are structured to meet that objective.
recommendations are structured to meet that objective.
AVIATION SECURITY
•
Many of the same deficiencies in aviation security that were identified in 1985 continue to be
raised as urgent concerns today.
•
Aviation security is a core governmental function related to national security.
•
In aviation security, there is a tendency to focus on “fighting the last war” instead of taking
necessary, proactive measures.
•
A holistic approach to aviation security is required because terrorists continuously probe
aviation security regimes, looking for weaknesses. This approach involves multiple, mutually
reinforcing layers of security measures.
reinforcing layers of security measures.
•
A culture of security awareness accepted by all stakeholders is essential to guard against
complacency.
•
Air terminals can themselves be target‐rich environments for terrorists.
•
While fortress‐like security is applied to the more publicly visible side of civil aviation, the side
that is more hidden from public scrutiny remains exposed.
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8
•
Air cargo is neither routinely searched prior to loading, nor subjected to adequate screening
measures. Its vulnerability, which has been understood by the Government for decades, makes
it a serious potential target for sabotage. Canada does not meet its international treaty
it a serious potential target for sabotage. Canada does not meet its international treaty
obligation to prevent unauthorized explosives and other dangerous devices or substances from
being placed on board civil aviation aircraft “by any means whatsoever”. The Government’s
failure to take swift action to close this gap is inexcusable.
being placed on board civil aviation aircraft “by any means whatsoever”. The Government’s
failure to take swift action to close this gap is inexcusable.
•
Access to airside and restricted areas of airports is poorly controlled and the system for
screening non
‐passengers who access restricted areas of airports can be easily circumvented.
Lax perimeter security also allows vehicles and their occupants to enter airside portions of the
airport with minimal, if any, screening. As a result, aircraft and passengers are vulnerable to
airport with minimal, if any, screening. As a result, aircraft and passengers are vulnerable to
attack.
•
CATSA has encountered significant difficulties in recruiting and retaining screening personnel.
•
Behavioural analysis (direct observation of passengers prior to boarding aircraft) is already being
conducted in airports and on some flights by Aircraft Protection Officers (RCMP officers assigned
to Canada’s air marshall program). However, there was a broad consensus among witnesses
to Canada’s air marshall program). However, there was a broad consensus among witnesses
that if consideration is given to expanding its use, behavioural analysis should be thoroughly
reviewed in order to determine whether its benefits outweigh the risks it poses to individual
rights.
reviewed in order to determine whether its benefits outweigh the risks it poses to individual
rights.
•
The value of Canada’s air marshall program is impossible to quantify, but it may provide another
layer of protection, particularly in relation to high
‐risk flights.
•
The “no‐fly list” program has not proven to be effective.
•
There is no coordinated, system‐wide risk management strategy among stakeholders in
Canadian aviation security, which may allow significant risks in civil aviation to go unnoticed.
TERRORIST FINANCING
•
Canada’s current anti‐terrorist financing model, which was created on the basis of its existing
anti
‐money laundering model, is not well‐suited to capture terrorist financing transactions.
•
Canada must comply with a series of international obligations and requirements in terms of its
anti
‐terrorist financing programs and activities. For the most part, Canada is in compliance with
those requirements but as is often the case in such matters, this is a continuing effort and there
is still room for improvement.
is still room for improvement.
•
Up until at least very recently, the level of resources dedicated to anti‐terrorist financing
measures was inadequate. Resource levels in all concerned agencies or departments should be
monitored and modified as needed on a regular basis.
monitored and modified as needed on a regular basis.
9
•
The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and the Canada
Revenue Agency (CRA) are not adequately integrated into the intelligence cycle to effectively
detect terrorist financing or to provide the best financial intelligence to CSIS and the RCMP.
detect terrorist financing or to provide the best financial intelligence to CSIS and the RCMP.
•
As of the Commission hearings, the CRA had not revoked or deregistered any charitable
registrations on grounds of terrorism financing.
•
It is not clear that all relevant federal, provincial and municipal authorities have the same
appreciation of the risks posed by terrorism financing. There is definite room for improvement
in terms of intergovernmental cooperation and efforts to combat that phenomenon.
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