DAOD 8002-0, Counter-Intelligence

Identification

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 Forces ("CF 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

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Definitions

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Policy Direction

Context

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 CF. DAOD 8002-1, National Counter-Intelligence Program (NCIP), is designed to assist the DM and CDS in meeting this obligation.

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

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

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

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

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

DND and the CF 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 CF, is made during the preparation of CI estimates, collection plans and the conduct of CI activities.

The criminality of any threat to the security of DND and the CF rests with the police or security agency with jurisdiction. DND and CF security investigations focus solely on countering or assessing the impact of the threat to the security of DND and the CF. The civil police or security agency with jurisdiction has the lead over any DND or CF 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.

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

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Threats to the Security of DND and the CF

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

• espionage or sabotage that is against DND or the CF or is detrimental to the interests of DND or the CF, or activities directed toward or in support of such espionage or sabotage;
• clandestine or deceptive activities on behalf of or influenced by foreign nationals that are detrimental to the interests of DND or the CF;
• activities within or relating to DND and the CF directed toward or in support of the threat or use of acts of violence against DND employees or CF members, or DND or CF property or information, for the purpose of achieving a political objective;
• 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;
• security intelligence aspects of criminal or organized crime activities against DND employees or CF members, or DND or CF property or information; and
• involvement of DND employees or CF members in any of the above activities, outside of DND and the CF environment.

Policy Statement

DND and the CF are committed to ensure that, to the extent possible, all threats to the security of DND or the CF, 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.

Authority

Authority Table

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

References

Source References

• Government Security Policy

Related 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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