Overview of the Defence Portfolio organizations

Context

In addition to the Department of National Defence and the Canadian Armed Forces (DND/CAF), the Defence Portfolio includes several separate but related organizations, including:

1. Communications Security Establishment Canada (CSE)
   • CSE is Canada's national signals intelligence agency responsible for foreign signals intelligence, cyber security and foreign cyber operations. A stand-alone agency, CSE includes the Canadian Centre for Cyber Security (Cyber Centre), which is the federal government's operational and technical lead for cyber security and information assurance.
   • CSE's mandate is detailed in the Communications Security Establishment Act (CSE Act) and has 5 parts:
     • Foreign Intelligence
       • Acquire information from or through the global information infrastructure, and analyze, use, and disseminate such information for the purposes of providing foreign intelligence, in accordance with the Government of Canada's intelligence priorities.
     • Cyber Security
       • Provide cyber security and information assurance advice, guidance, and services to help ensure the protection of federal government electronic information and information infrastructure, and for the protection of such information and infrastructure designated by the Minister as being of importance to the Government of Canada (e.g., critical infrastructure).
     • Defensive Cyber Operations
       • Undertake defensive cyber actions on the global information infrastructure to help protect electronic information and information infrastructure of the federal government.
     • Active Cyber Operations
       • Carry out active cyber operations on the global information infrastructure to degrade, disrupt, influence, respond to, or interfere with, the capabilities, intentions, or activities of a foreign target as they relate to Canada's defence, security, or international affairs.
     • Technical and operational assistance to federal partners
       • Provide technical and operational assistance to federal law enforcement and security agencies, including DND/CAF, the Canadian Security Intelligence Service, and the Royal Canadian Mounted Police.
   • CSE supports Canada's participation in the Five Eyes, the world's longest-standing and closest intelligence-sharing alliance. The Five Eyes include the signals intelligence and cyber security agencies of Canada, Australia, New Zealand, the United Kingdom and the United States.
   • Caroline Xavier, the Chief of CSE, is Deputy Minister and Accounting Officer reporting directly to the Minister of National Defence. She oversees a workforce of over 3,700 full-time, permanent employees, with total authorities for 2023 to 2024 at just over $1 billion.
2. Military Grievances External Review Committee (MGERC)
   • The MGERC is an independent administrative tribunal reporting to Parliament through the Minister of National Defence. The Committee reviews military grievances referred to it pursuant to section 29 of the National Defence Act (NDA) and provides findings and recommendations to the Chief of the Defence Staff, who is the final authority in the grievance process.
   • In May 2024, Kelly Walsh assumed the role of Chairperson and Chief Executive Officer. Members of the MGERC, including the Chairperson, are Governor-in-Council appointments, each appointed to a renewable term not exceeding four years. The Committee currently includes five members: a full-time Chairperson and Vice-Chairperson, a part-time Vice-Chairperson, a full-time Committee Member, and a Part-Time Committee Member.
3. Military Police Complaints Commission (MPCC)
   • The MPCC is an independent administrative tribunal and oversight agency reporting to Parliament through the Minister of National Defence. The Commission is responsible for reviewing and investigating complaints about military police conduct under Part IV of the NDA. It also investigates allegations of interference in military police investigations. Additionally, the MPCC conducts public interest investigations and hearings when deemed in the public interest.
   • The Commission Chairperson is appointed by the Governor-in-Council. Tammy Tremblay, the current Chairperson, assumed her duties on 3 January 2023. The Commission currently has three part-time Commission Members.
4. The Office of the Chief Military Judge (CMJ)
   • The CMJ is a unit of the CAF that was first established in 1997. The judicial independence of military judges is protected in part by provisions of the NDA, beginning at section 165.21.
   • The Office of the CMJ appoints military judges to preside at courts martial and perform other judicial duties. The Court Martial Administrator, under the general supervision of the CMJ, administers the convening of courts martial, the appointment of panel members of General Courts Martial, and other aspects of courts martial proceedings. Note: a panel is the military equivalent to a civilian jury.
   • The CMJ and other Military Judges are appointed by the Governor-in-Council. Captain (Navy) Catherine Julie Deschênes was appointed CMJ on 21 March 2024.
5. The DND/CAF Ombudsman
   • The DND/CAF Ombudsman Office was established by Ministerial Directive in 2001 and is directly accountable to the Minister of National Defence for several functions, including investigations and reports, information, education, as well as referrals for members of DND and the CAF.
   • The Ombud is appointed by the Governor-in-Council in accordance with NDA section 5, and, in accordance with the 2001 Ministerial Directive establishing the Office of the Ombudsman, reports to and is directly accountable to the Minister of National Defence. The Ombudsman is independent of senior civilian management and the military chain of command. On 2 July 2024, Robyn Hynes assumed the role of Interim Ombud for DND/CAF for a one-year term. Mario Baril will begin his five-year term as Ombud on 2 July 2025. He served as Ombud of Mental Health at PSPC since November 2022, and prior to that, Ombud of Mental Health at and Employee Well-Being at Innovation, Science, and Economic Development Canada from October 2018 to November 2022.
   • With respect to its investigation and reporting function, the Office of the Ombudsman may investigate and report when ordered by the Minister, in accordance with the Ministerial Directive, or upon receiving a complaint from a DND employee or CAF member. Reports generated by the Office of the Ombudsman are provided to the Minister of National Defence.
   • When deciding whether to investigate complaints, the Office of the Ombudsman must not investigate where it would interfere with existing statutory actors or mechanisms that might otherwise address the complaint, and further is precluded from investigating certain areas, including issues relating to the military justice system, certain CSE activities, as well as legal advice or professional service standards.