Author Topic: Leaking Information To Canadian Media  (Read 2763 times)

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Offline Queen For A Day

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Leaking Information To Canadian Media
« on: March 04, 2017, 08:00:41 »
The National Military Law Section of the Canadian Bar Association has said:

"that the limitations on freedom of expression imposed by articles 19.36 and 19.37 of the QR&O are excessive, unreasonable and draconian. The scope of the restriction in article 19.36 is so broad that, on its face, it prohibits a CF member from writing a history essay on a military subject for a university course."

- Submission on the Operation of Canadian Military Law - National Defence Act and Bill C-25 (June 2003)
My questions:

Does anyone know if these QR&O have been amended since 2003?

And if so, what are the processes or channels in place, say for a Corporal to go through, if he lawfully and legally would like to speak with the CBC on camera. I know he cannot be barred from doing so, however, I also know that he/she cannot wear their uniform or use their rank, or for that matter even state that they had the permission in the first place. So in effect, how does a member legally approach the media without having the Chain of Command come down on them like a hammer.

The only reason I mention this, is it seems that there is no mechanism for any member to legally and lawfully approach the media with a concern.

Are they entitled to speak with PA without going through the months long wait of getting an approval from the chain of command?

I think we can cut down the illegal leaking if the CMP or CRS authorized members to legally speak to the media.

Thoughts/Comments/Suggestions

Q
You are not obliged to say anything. You have nothing to fear from any threat and you have nothing to hope from any promise whether or not you do say anything, but anything you say may be taken down in writing or recorded by other means, or both, and may be used as evidence. Do you fully understand this warning?

JAG's DCS After hours Recording >You have reached counsel; keep your mouth shut; press one to repeat this message.<

Offline mariomike

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Re: Leaking Information To Canadian Media
« Reply #1 on: March 04, 2017, 08:13:49 »
Thoughts/Comments/Suggestions

Saw this. Not sure if it is what you are looking for, or if up to date. But, here it is,

19.36 – DISCLOSURE OF INFORMATION OR OPINION

19.37 – PERMISSION TO COMMUNICATE INFORMATION

19.375 – COMMUNICATIONS TO NEWS AGENCIES

« Last Edit: March 04, 2017, 08:27:16 by mariomike »
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Offline Queen For A Day

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Re: Leaking Information To Canadian Media
« Reply #2 on: March 04, 2017, 08:25:09 »
Saw this. Not sure if it is what you are looking for, or if up to date. But, here it is,

Thank you kindly, but no.

I am trying to find out if these have been modified at all in order that they be brought in line with the Charter's (s.2), or are they the same as they were since 2003?

Any Ex JAGS in these fora?

Q

You are not obliged to say anything. You have nothing to fear from any threat and you have nothing to hope from any promise whether or not you do say anything, but anything you say may be taken down in writing or recorded by other means, or both, and may be used as evidence. Do you fully understand this warning?

JAG's DCS After hours Recording >You have reached counsel; keep your mouth shut; press one to repeat this message.<

Offline dapaterson

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Re: Leaking Information To Canadian Media
« Reply #3 on: March 04, 2017, 13:12:12 »
At least 19.36 has not been revised since June 2000.
This posting made in accordance with the Charter of Rights and Freedoms, section 2(b):
Everyone has the following fundamental freedoms: freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication
http://laws.justice.gc.ca/en/charter/1.html

Offline Blackadder1916

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Re: Leaking Information To Canadian Media
« Reply #4 on: March 04, 2017, 13:40:12 »
Thank you kindly, but no.

I am trying to find out if these have been modified at all in order that they be brought in line with the Charter's (s.2), or are they the same as they were since 2003?

Any Ex JAGS in these fora?

Why do you need a military lawyer (or anybody else on these means) to do the simple research of looking at the previous versions.  You do know that the archived versions to year 2000 are linked on the publically available QR&O pages, don't you?  Or did you post your question without looking at the references?
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Offline Chris Pook

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Re: Leaking Information To Canadian Media
« Reply #5 on: March 04, 2017, 14:31:00 »
If they are in the current QR&Os doesn't that indicate that they are still in effect?
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Offline PuckChaser

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Re: Leaking Information To Canadian Media
« Reply #6 on: March 04, 2017, 15:06:43 »
If your unit really is JTFX, you probably shouldn't be jumping in front of CBC cameras.  :2c:

Offline FJAG

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Re: Leaking Information To Canadian Media
« Reply #7 on: March 04, 2017, 15:18:11 »
This is a link to the relevant QR&Os:

http://www.forces.gc.ca/en/about-policies-standards-queens-regulations-orders-vol-01/ch-19.page#cha-019-36

The note on the bottom of article 19.36 indicate that it was promulgated by the Minister of National Defence on 15 June 2000 and not amended since. 19.37 and 19.375 would have been issued concurrently.

If you look at the top of article 19 you will see the record of amendments and links to the archived older copies. There is no record of an amendment to either 19.36 or 19.37 so we are still operating on the original June 2000 order as written.

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Offline Queen For A Day

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Re: Leaking Information To Canadian Media
« Reply #8 on: March 04, 2017, 18:05:14 »
First off, thanks to all for the respectful responses. I guess I should have use a better word than amended. I will use the proper legalese.

Has anyone seen any "orders amplifying or implementing" QR&O 19.36 and 19.37?

I am looking for a manual similar to ADM(PA) Policy Manual on Social Networking. I understand that a number of General Messages have been released regarding Acceptable Use of Social Media Networks including a news article about forcing members to sign documents while at JPSU.

So, I will ask again if anyone has seen any other regulations, rules, orders and instructions, correspondence publications, directives or aide memoires regarding engaging the media.

Again, thanks for taking part in this thread. I am writing an article for a peer reviewed journal about the CAF's inability to recruit and retain millennials. Lack of clear guidance by the chain of command is the sentence that I need evidence to back up.

Q

And yes. I see the irony in my request.

You are not obliged to say anything. You have nothing to fear from any threat and you have nothing to hope from any promise whether or not you do say anything, but anything you say may be taken down in writing or recorded by other means, or both, and may be used as evidence. Do you fully understand this warning?

JAG's DCS After hours Recording >You have reached counsel; keep your mouth shut; press one to repeat this message.<

Offline FJAG

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Re: Leaking Information To Canadian Media
« Reply #9 on: March 04, 2017, 19:32:41 »
First off, thanks to all for the respectful responses. I guess I should have use a better word than amended. I will use the proper legalese.

Has anyone seen any "orders amplifying or implementing" QR&O 19.36 and 19.37?

I am looking for a manual similar to ADM(PA) Policy Manual on Social Networking. I understand that a number of General Messages have been released regarding Acceptable Use of Social Media Networks including a news article about forcing members to sign documents while at JPSU.

So, I will ask again if anyone has seen any other regulations, rules, orders and instructions, correspondence publications, directives or aide memoires regarding engaging the media.

Again, thanks for taking part in this thread. I am writing an article for a peer reviewed journal about the CAF's inability to recruit and retain millennials. Lack of clear guidance by the chain of command is the sentence that I need evidence to back up.

Q

And yes. I see the irony in my request.

The publishing of the QR&O is its "Implementation". As far as amplification is concerned, I can't help you. You may wish to get in touch with the Public Affairs branch. Their contact page is here:

http://www.forces.gc.ca/en/contact-us/media-contacts.page

You may also wish to look at the DAOD on Public Affairs Policy. It is located here:

http://www.forces.gc.ca/en/about-policies-standards-defence-admin-orders-directives-2000/2008-0.page

All the related DAODs are linked in the left sidebar.

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« Last Edit: March 04, 2017, 19:40:02 by FJAG »
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Offline Brihard

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Re: Leaking Information To Canadian Media
« Reply #10 on: March 04, 2017, 22:14:16 »
Bear in mind that leaking information, besides potential legal/disciplinary/administrative actions, may separately result in a security review that could result in the loss of your security clearance and/or reliability status. This can be an instant show stopper professionally and result in release due to loss of a basic requirement of our job. The security process would be separate from everything else and in its own right can end your career and stop you from getting other federal employment.
Pacificsm is doctrine fostered by a delusional minority and by the media, which holds forth the proposition it is entirely possible to pick up a turd by the clean end.

Offline jollyjacktar

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Re: Leaking Information To Canadian Media
« Reply #11 on: March 15, 2017, 07:07:24 »
I'll throw this here, because it's possible that V/Adm Norman may not end up being the only individual put under the microscope.  Shared under the fair dealings provisions of the copyright act.

As for any embarrassment the GoC might have been feeling as a result of said leaks, well, as the old saying goes "if the shoe fits, wear it".  Only they know if the shoe fits.  Highlites mine
Quote
DND leak investigation started under Tories, expanded under Liberals

Expert says where Liberals and secrets are concerned it's 'meet the new boss, same as the old boss'

By Murray Brewster, CBC News  Posted: Mar 15, 2017 5:00 AM ET| Last Updated: Mar 15, 2017 5:08 AM ET
The RCMP has been conducting a secret, wide-ranging investigation for many months into a series of leaks involving classified cabinet papers, decisions and other sensitive information — a high-stakes probe that's not only targeted the country's second-highest military commander, but additional unnamed suspects, CBC News has learned.

Multiple sources tell CBC News the hunt for informants began under the former Conservative government, but gained a renewed intensity in November 2015 under the newly elected Liberals following at least three sensitive breaches that were splashed across the media.

Two of the leaks referenced cabinet documents or decisions concerning military shipbuilding, said the sources, who were granted anonymity by CBC News because of the sensitivity of the case.

The disclosures revealed underfunding and other problems with the government's multibillion-dollar national shipbuilding strategy and "infuriated" and embarrassed not only the government, but proponents of the strategy within the bureaucracy.

The RCMP have questioned suspects in both Ottawa and on the West Coast, the sources said.

RCMP silence

The leaks provide a bit of a peek behind the curtain to the back-room war that's been raging over the shipbuilding strategy as the military grows more impatient waiting for the delivery of promised warships.

Vice-Admiral Mark Norman, Canada's vice-chief of defence staff, was suspended from his duties but not relieved of command two months ago. He apparently came to the attention of the Mounties after investigators examined email traffic that referenced him.

His lawyer, Marie Henein, who also represented former CBC Radio host Jian Ghomeshi during his sex assault trial, issued a statement on Feb. 23 saying it would be a "profound disservice" if Norman was to be the casualty of "bureaucratic crossfire."

His legal issues began on Jan. 9, when he was questioned at length by investigators in his home. He was suspended by the military four days later and news of the extraordinary step was leaked to the media.

Chief of Defence Staff Gen. Jonathan Vance appointed the head of the navy as the acting vice-chief. But in a sign there will be no swift resolution for Norman, Vance recently tweeted that he plans to shuffle another flag officer into the job on a temporary basis, beginning at the end of May. 

Norman's electronics, including home computer and tablet, were seized under a search warrant that has been sealed for national security purposes.

Both National Defence and the Liberal government, whose members campaigned in 2015 as the antidote to the secrecy of Stephen Harper's Conservatives, have steadfastly refused to explain why Norman has been removed and have not even publicly acknowledged an investigation is underway.

In an extraordinary move a few weeks ago, RCMP Commissioner Bob Paulson refused to answer a Senate committee's question about the case.

Shipbuilding and Syrian leaks

The most politically sensitive and damaging of the November 2015 leaks led to stories about the Liberal government's temporary halt to the planned lease of a converted cargo ship for the navy, a program known as Project Resolve. Both CBC News and The Canadian Press reported that story and the CBC's sources say the government believed it made them look foolish.

It was followed days later by another CBC News story that quoted from briefing material prepared for newly minted Defence Minister Harjit Sajjan and Public Works Minister Judy Foote that warned shipbuilding program costs were out of control and the government needed a four-point plan to address the problem.

The third disclosure to raise the hackles of the government that month involved details about the military's plan to house Syrian refugees and how much it was going to cost. Both Postmedia and The Canadian Press obtained separate leaks on that file.

The RCMP probe, which sources say is being carried out by the sensitive investigations unit, is focused almost exclusively on disclosures of so-called classified information to the media and the defence industry, and apparently does not involve suspected corruption.

Computers at National Defence were monitored remotely in order to track incoming and outgoing contacts some in the department were having with outsiders, the sources said.

The RCMP did not answer requests for comment.

The secrecy reflex

Anger and embarrassment about the leaks appears to have more to do with politics and bureaucratic ineptness than national security, said one expert.

"There are pressures to keep things closed that come both from the civil service and the politicians," said Michael Byers, a University of British Columbia defence policy expert who has written a number of studies critical of Canada's military procurement.

There were "procurements that have actually failed because of incompetence within the bureaucracies," he said, referring to examples such as navy supply ships and logistics trucks.

"So in that kind of situation, civil servants will want to cover up their mistakes or potential mistakes by casting this veil of secrecy over top of them. At the same time, responsibility for those mistakes actually rests with the political masters."

There is a trend towards the over-classification of information, he said.

One example he cites in shipbuilding is the Liberal government's refusal to release cost estimates for the multibillion-dollar frigate replacement program.

The public works minister said Canadians won't know the price tag of the warships until the government signs the contract in 2019. The same goes for the purchase of 18 Boeing Super Hornet jet fighters to help the air force meet its obligations while the government shops for a permanent replacement for the aging fleet of CF-18s.

Those figures are now treated as confidential and releasing them could be considered a violation of cabinet secrecy.

Byers says that's a disservice to the public.

Liberals and secrecy

Another expert says what's more alarming is the Liberals have become more clandestine than the Conservatives in some key areas — contrary to what they promised on the campaign trail.

"Right now, it's a little bit of meet the new boss, same as the old boss," said Mike Larsen, a criminology instructor at Kwantlen Polytechnic University in Surrey, B.C., and co-author of Brokering Access: Power, Politics, and Freedom of Information Process in Canada.

Last fall, the Liberals introduced an unprecedented gag order to prevent 235 Canadian military personnel and federal workers from ever talking about the fighter jet replacement program.

They have also refused to roll back changes instituted under the Conservatives that affect how access to information legislation deals with cabinet secrets. The effect of the tweaking of federal Treasury Board regulations in 2013 is that more documents requested by the public can be deemed "cabinet confidence."

"If we look back in 10 years' time we'll have a better sense of this, but it wouldn't surprise to see that secrecy deepened and intensified and became more entrenched and more of a matter of policy under the Liberal regime," said Larsen. "Precisely because they're dealing with issues around transparency at a time when they're also expanding the entire security apparatus."   

Exercising judgment with secrets

Former RCMP commissioner Bill Elliott rejects the notion some information is being withheld to avoid government embarrassment.

He said during his time as commissioner from 2007 to 2011, he witnessed times when it would have been politically expedient to release something, but it didn't happen because there are sound public policy reasons why government officials are legally and ethically bound to respect the confidentiality of information.

But there are limits, he says, and officials need to exercise judgment and discretion when deciding whether there's a greater public interest served by releasing information.

"You have to have a good reason to keep information secret," he said. "And the reason for keeping information secret isn't because it's embarrassing information — or even if it is in a so-called secret document that is marked secret.

"You have to look beyond the secret label to the actual contents of the document and make a decision on whether or not that information can and should be released."

http://www.cbc.ca/news/politics/norman-secrecy-investigation-1.4024459
« Last Edit: March 15, 2017, 08:49:11 by jollyjacktar »
I'm just like the CAF, I seem to have retention issues.

Offline MAJONES

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Re: Leaking Information To Canadian Media
« Reply #12 on: March 15, 2017, 08:40:46 »

Offline LunchMeat

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Re: Leaking Information To Canadian Media
« Reply #13 on: April 13, 2017, 22:45:55 »
Sure, the Bar stated what they did... However, the following still applies:

19.14 - IMPROPER COMMENTS

(1) No officer or non-commissioned member shall make remarks or pass criticism tending to bring a superior into contempt, except as may be necessary for the proper presentation of a grievance under Chapter 7 (Grievances).

(2) No officer or non-commissioned member shall do or say anything that:

if seen or heard by any member of the public, might reflect discredit on the Canadian Forces or on any of its members; or

if seen by, heard by or reported to those under him, might discourage them or render them dissatisfied with their condition or the duties on which they are employed.
"The most important six inches on the battlefield is between your ears.” ~General James "Mad Dog" Mattis, USMC