DAOD 8002-0, Counter-Intelligence


1. Introduction

Date of Issue: 2003-03-28

Application: This is a directive that applies to employees of the Department of National Defence (DND) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).

Approval Authority: This DAOD is issued under the authority of the Deputy Chief of the Defence Staff (DCDS).

Enquiries: Director General Intelligence (DG Int)/J2 Plans and Policy 4

2. Definitions

Counter-Intelligence (contre-ingérence)

Counter-intelligence means activities concerned with identifying and counteracting threats to the security of DND employees, CAF members, and DND and CAF property and information, that are posed by hostile intelligence services, organizations or individuals, who are or may be engaged in espionage, sabotage, subversion, terrorist activities, organized crime or other criminal activities.

Security Intelligence (renseignement de sécurité)

Security intelligence means intelligence on the identity, capabilities and intentions of hostile intelligence services, organizations or individuals, who are or may be engaged in espionage, sabotage, subversion, terrorist activities, organized crime or other criminal activities.

3. Policy Direction

Context

3.1 The Government Security Policy (GSP) assigns to federal government departments the responsibility for their respective security. This has given the Minister of National Defence, the DM and the CDS the responsibility to safeguard the resources of DND and the CAF. DAOD 8002-1, National Counter-Intelligence Program (NCIP), is designed to assist the DM and CDS in meeting this obligation.

3.2 Whether in Canada or abroad, the conduct of counter-intelligence (CI) activities by DND and the CAF are guided by the obligation of the Government of Canada to the people of Canada to:

  1. protect the nation's sovereignty, interests and institutions from internal and external threats; and
  2. safeguard their rights and freedoms, and the rule of law, consistent with a liberal democracy.

3.3 Moreover, DND and the CAF only conduct or participate in CI activities on matters with a clear DND or CAF nexus, i.e.,

  1. an event or situation involving DND employees or CAF members, DND or CAF property or information, or foreign military members or foreign military property on a defence establishment; or
  2. a request or imminent request from another federal department or civil authority for DND or CAF assistance.

3.4 In the absence of specific National Defence Headquarters (NDHQ) direction to the contrary, DND and the CAF do not collect information on Canadian citizens from a primary source, except when a citizen, without coercion, provides information.

3.5 DND and the CAF are committed to ensuring that the distinction between the right of lawful advocacy, protest or dissent, and actual threats to the security of DND and the CAF, is made during the preparation of CI estimates, collection plans and the conduct of CI activities.

3.6 The criminality of any threat to the security of DND and the CAF rests with the police or security agency with jurisdiction. DND and CAF security investigations focus solely on countering or assessing the impact of the threat to the security of DND and the CAF. The civil police or security agency with jurisdiction has the lead over any DND or CAF security investigation. The Canadian Security Intelligence Service (CSIS) is the lead government agency in relation to identifying and countering threats to the security of Canada.

3.7 In the conduct of DND and CAF CI activities outside of Canada, all deployed DND employees and CAF members involved in CI shall conform to Canadian law as well as respect the rights, obligations and restrictions imposed by host nation governments.

Threats to the Security of DND and the CAF

3.8 Threats to the security of DND and the CAF include, but are not restricted to:

  1. espionage or sabotage that is against DND or the CAF or is detrimental to the interests of DND or the CAF, or activities directed toward or in support of such espionage or sabotage;
  2. clandestine or deceptive activities on behalf of or influenced by foreign nationals that are detrimental to the interests of DND or the CAF;
  3. activities within or relating to DND and the CAF directed toward or in support of the threat or use of acts of violence against DND employees or CAF members, or DND or CAF property or information, for the purpose of achieving a political objective;
  4. if a DND nexus exists, activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada;
  5. security intelligence aspects of criminal or organized crime activities against DND employees or CAF members, or DND or CAF property or information; and
  6. involvement of DND employees or CAF members in any of the above activities, outside of DND and the CAF environment.

Policy Statement

3.9 DND and the CAF are committed to ensure that, to the extent possible, all threats to the security of DND or the CAF, in Canada or during foreign deployments, by hostile intelligence services, organizations or individuals involved in espionage, sabotage, subversion, terrorist activities or other criminal activities, are identified, investigated and countered.

4. Authority

Authority Table

4.1 The following table identifies the authorities responsible for implementing the policy:

The ... has/have the authority to ...

DM and CDS

oversee the security of DND and the CAF.

DCDS

represent the DM and CDS in all matters concerning CI activities conducted by DND and the CAF.

J2/DG Int

liaise as the senior CI advisor with other intelligence and security agencies on CI activities as required.

Canadian Forces Provost Marshal (CFPM)

oversee the administration and management of the Military Police Criminal Intelligence Program.

5. References

Acts, Regulations, Central Agency Policies and Policy DAOD

  • Government Security Policy

Other References

  • Canadian Charter of Rights and Freedoms
  • Canadian Security Intelligence Service Act
  • Criminal Code
  • National Defence Act
  • Security Offences Act
  • DAOD 8002-1, National Counter-Intelligence Program
  • DAOD 8002-2, Canadian Forces National Counter-Intelligence Unit
  • DAOD 8002-3, Security Intelligence Liaison Program
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