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CSIS knew of navy spy’s activity but held file back from RCMP, CP has learned


 

OTTAWA – Canada’s spy agency clandestinely watched a navy officer pass top secret information to Russia for months without briefing the RCMP — a previously unknown operation that raises questions about whether Jeffrey Delisle could have been arrested sooner.

The Canadian Press has learned that the U.S. Federal Bureau of Investigation alerted the Canadian Security Intelligence Service to Delisle’s illicit dealings with Moscow well before the Mounties took on the file in December 2011 and later brought him into custody.

CSIS ultimately decided not to transfer its thick Delisle dossier to the RCMP. The spy agency, acting on legal advice, opted to keep its investigation sealed for fear of exposing a trove of Canadian and U.S. secrets of the intelligence trade in open court proceedings.

In a bizarre twist, it fell to the FBI — not CSIS — to send a letter to the RCMP spelling out how a Canadian was pilfering extremely sensitive information, including highly classified U.S. material.

The RCMP had to start its own investigation of Delisle almost from scratch. The delay alarmed and frustrated Washington as the geyser of secrets continued to spew.

At one point the Americans, eager to see Delisle in handcuffs, sketched out a Plan B: luring the Canadian officer to the U.S. and arresting him themselves, perhaps during a stopover en route to a Caribbean vacation.

The RCMP and CSIS are supposed to be able to “seamlessly hand off cases back and forth between them,” said intelligence historian Wesley Wark, a visiting professor at the University of Ottawa’s graduate school of public and international affairs.

He said “it is deeply troubling” if the system indeed broke down in the Delisle case over CSIS’s refusal to share its files or to bring the RCMP in at an early stage.

“I think that’s scandalous, in fact,” said Wark, who served as an expert witness at Delisle’s sentencing. “And it would be a matter, I think, for a judicial inquiry or certainly a serious parliamentary investigation.”

According to Delisle’s lawyer, it also flags important legal concerns about the government’s obligation to disclose all of the evidence against someone charged with breaching national security.

An investigation by The Canadian Press, drawing on multiple sources familiar with the Delisle case, reveals that CSIS was deeply involved in the file before the Mounties entered the picture. Several sources spoke on condition of anonymity because they were not authorized to discuss the case publicly.

The RCMP arrested Delisle, now 42, on Jan. 13, 2012, for violating the Security of Information Act. He pleaded guilty and was sentenced to 20 years in prison last February. Delisle had given secret material to Russia in exchange for upward of $110,000 over a period of more than four years.

Until now the official story — as revealed through the court record — has suggested the FBI first tipped Canadian authorities to Delisle’s relationship with the Russians on Dec. 2, 2011, via the letter to the RCMP.

But the story actually begins months earlier.

Senior CSIS officials were called to Washington where U.S. security personnel told them a navy officer in Halifax was receiving cash transfers from Russian agents. One of the paymasters was Mary Larkin, a known pseudonym used by Russian intelligence in running a U.S. spy ring — busted by the FBI in 2010 — that included the glamorous Anna Chapman and several others.

CSIS soon obtained court approval to begin electronic surveillance of Delisle.

Despondent over his failed marriage and nursing financial woes, Delisle decided in 2007 to commit “professional suicide,” as he would later put it, by walking into the Russian embassy in Ottawa and volunteering to offer up some of western intelligence’s most valuable secrets.

He spied for the Russians while working in sensitive posts at National Defence headquarters, including the military’s nerve centre, the Strategic Joint Staff, and at the office of the Chief of Defence Intelligence.

As a sub-lieutenant at the Trinity intelligence centre in Halifax, Delisle had access to a data bank of classified secrets shared by the Five Eyes community — Canada, the United States, Britain, Australia and New Zealand.

It soon became clear to CSIS that Delisle was handing over a great deal of highly sensitive material originating from the United States.

“The information he gave up caused grave damage — grave damage — to the U.S.,” said one source.

“We’re getting into the category of sources, techniques and methods of the most sensitive nature.”

Pressure on the Canadians began to build as American patience eroded. The FBI director and senior U.S. justice officials called counterparts in Canada.

“There was a very small subset of information provided by Delisle that impacted a couple of other of the Five Eyes, but it paled in comparison to the volume and gravity of the U.S. information he gave up,” said the source.

In mid-September 2011, Delisle was summoned to Rio de Janeiro, Brazil, to meet one of his Russian handlers.

But it wasn’t Delisle’s obvious lack of a vacation tan that prompted Canada Border Services Agency officials to submit him to a secondary search upon his return. CSIS had tipped the border agency to Delisle’s pending arrival at the Halifax airport in a bid to gather more evidence for the case against him.

During its search, the border agency discovered a Rio hotel receipt, more than $6,500 in cash — most of it new $100 American bills — and pre-paid credit cards.

After reviewing the case, CSIS lawyers said handing the spy service’s file to the RCMP would pose the risk that both U.S. and Canadian secrets — investigative sources and methods — might be disclosed in criminal court as part of the requirement to ensure a fair trial.

During a meeting in Ottawa, CSIS, the FBI and RCMP discussed the possibility of arresting Delisle in the United States during an airport stopover, or by arranging a U.S. military secondment or training course for him. However, it was decided jointly that the FBI would send a letter to the RCMP about the case.

It almost “shocks the conscience” that an American agency had to formally notify the Mounties, said a source who spoke out of concern about what they see as systemic flaws in Canada’s intelligence apparatus that allowed Delisle to peddle secrets longer than necessary.

“CSIS had already made the case. But RCMP had to do it again.”

As the Mounties investigated, the junior intelligence officer continued to pass information to the Russians that was “as damaging or more damaging” than earlier packages uncovered during the CSIS probe, one source said.

Another source with knowledge of the investigation said ideally the Canadian Forces would have detected Delisle’s actions and told CSIS.

“CSIS should have helped them (the Forces) to investigate a little bit more,” said the source. “Eventually when they collected enough evidence, we say, ‘We’ve got a criminal case here,’ then we go to the RCMP and we let the RCMP prepare the criminal case from the investigation.”

Delisle’s lawyer, Mike Taylor, said he knew nothing of a prequel investigation by CSIS and found the revelation “disturbing,” adding that it raises serious questions about whether his client’s charter rights were violated, and how the Canadian government pursues national security investigations.

“I’ve always had concerns about what was going on behind the scenes,” Taylor said in an interview.

The existence of the spy service investigation and the resulting document trail should have been part of the court record, Taylor said, and had he known about them it would have affected the advice given to his client.

In the end, Delisle might still have pleaded guilty, Taylor said, but nevertheless he should have been given the “opportunity to chase back and determine whether information was obtained unlawfully.”

For example, the search conducted by border agents upon Delisle’s return from Brazil could have been deemed “tainted,” unreasonable and “subject to exclusion” in light of the CSIS investigation, he said.

“It certainly could have changed the timing (of Delisle’s response) because he might not have been so quick to go ahead and say, ‘OK, look, I’m done.'”

There is no possibility of an appeal and Taylor said he understands there’s little public sympathy for someone who has admitted to selling out his country, but he argues the government has a legal obligation to disclose everything it knows to an accused.

“They cannot be allowed to operate under that kind of a covert veil,” Taylor said. “The potential for civil rights violations is huge.”

CSIS was created in 1984 from the ashes of the old RCMP Security Service, which was disbanded following a series of headline-grabbing scandals. The new spy service would gather information and advise the federal government of security threats, but have no arrest powers.

It has meant that CSIS must hand over a case to the RCMP or work in parallel with the Mounties, then pass along the file when it comes time to take suspected spies or terrorists into custody.

But it hasn’t always gone smoothly.

The infamous case of the 1985 Air India airliner bombing is often cited as the most obvious failure to forge a well-oiled working relationship between the agencies.

Steps have been taken in recent years to encourage closer co-operation between CSIS and the RCMP.

In response to recommendations of a 2010 federal inquiry report on the Air India attack, the Conservative government began reviewing the process of disclosure in court proceedings involving national security.

The RCMP and CSIS are “developing best practices to ensure that the disclosure of intelligence in the context of criminal investigations occurs in the most expeditious and efficient manner,” said a federal update on the process last July.

At a Senate committee hearing in February, then-CSIS director Dick Fadden expressed confidence in the procedures.

“With the RCMP, we have developed a policy and practice called ‘one vision,'” Fadden said. “We put all this in a document with illustrations from case law that the courts have developed. My sense is that it is working pretty well.”

Both CSIS and the RCMP had no comment on the spy service’s involvement in the Delisle file. The FBI did not respond to a request to discuss the case, and it would not release any information in response to a Freedom of Information Act application, citing Delisle’s privacy rights.

The Canadian Press asked Fadden after the February committee hearing about the timing of CSIS’s awareness of the Delisle case, but he declined to answer. Fadden recently became deputy minister of defence.

Michel Coulombe, CSIS’s deputy director of operations, refused to speak wit


 
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CSIS knew of navy spy’s activity but held file back from RCMP, CP has learned

  1. It is a sad day when even CSIS does not trust the RCMP.

  2. CANADIAN INTELLIGENCE CAN DO WHATEVER THEY WANT –

    PRIVACY COMMISSIONER OF CANADA – JUSTICE DEPARTMENT OF CANADA

    Michael Heroux said michaelheroux1967@gmail.com

    I don’t know why people are not talking more about why the watchdog of CSIS stepped down. Everyone is saying he stepped down because of a conflict of interest over the pipeline even though he was cleared of any ethics violations. We first contacted the Privacy Commissioner Of Canada Jennifer Stoddart on November 26 2013 about our case against the RCMP CSIS and CSEC, then we contacted her again on November 28 2013 about our case and that day she changed her mind against BILL C-13, we submitted our case to her on November 30 2013 and that is the same day she stepped down. She was supposed to retire in 2 days after 10 years of service but she stepped down 2 days early because of our case. We read 5 different news articles on November 30 2013 saying she stepped down and when we went back to read those articles 5 news agencies deleted their story about her stepping down early. The Privacy Commissioner Of Canada sent us a letter and tried to tell us that we contacted her on November 19 2013 just before the bill was given to her but that was false, we never contacted her until November 26 2013 and then we contacted her again November 28 2013, and that day she decided against BILL C-13 because of the abuse and assasination attempts against my family and I. Also I find it strange the same day I revealed online my full complaint against the RCMP CSIS and CSEC the CSIS watchdog stepped down. Something that we also think is strange is when we contacted the Justice Department Of Canada looking for information they announced 2 days later they are appealing the decision from Judge Mosley and then they wanted to know why we wanted the information and where and what time we were going to use the information before they give it to us. Something else we find funny is we don’t have to enable our browser history anymore. We can clear our cache and our browser history and cookies and all and it is being cached somewhere else downstream from our ISP or maybe upstream somewhere. We think it is probably being cached by the spy in the adjacent suite. Thanks for reading.

    My wife and I are the two people Justice Richard Mosley was refering to when he ruled CSIS was end running the law. We have been following this decision very closely, we are being spied on right here in Canada. My wife and I and our 3 children have been abused by the RCMP CSIS CSEC and other police forces in Ontario and British Columbia for over 5 years now. I have a mental disability and the police started harassing my family and I when I started using Craigslist 5 years ago, what can I say, we’re swingers. My wife slept with a few of them while I watched. We are not terrorist. It sounds strange but I have been poisoned and my wife has been poisoned for speaking out publicly about the abuse. We have also been assaulted numerous times in the last 5 years. They are listening to us in our bedroom and living room because they let us know by telling us what we are talking about in the privacy of our home. We contacted the BC Human Rights and Civil Rights office last year because the police were trying to run me and my family over on the streets, but they never got back to us. We got a lawyer a couple years ago and the lawyer was able to get them to lay off for a bit. They sent a gunman to murder us last year, we managed to evade him. It also sounds strange but we have a spy monitoring us right now in the adjacent suite to us and they have been there for 15 months now. Since Judge Mosleys decision they quit harassing us but they are still messing around with our internet and phone communications. Thank God for Judge Mosley, I think he saved our lives. We think the reason they are still watching over us is because of what Judge Mosley refered to as “invasive survailence techniques” used against the people who had those warrents issued on them. They don’t want us to tell anyone about the techniques used against us for the last 5 years. Pretty sophisticated alien technology if I do say so myself. Pretty cool actually but we don’t plan on telling anyone. We are patriotic Canadians and we hate terrorist like everyone else but we don’t want to see people abused. Caught up in the fish net so to speak. They have tried to set us up numerous times for arrest over the last 5 years to get their hands on us and make us look like the bad guy’s but we have managed to evade those attempts also.

    My wife and I are concerned because Canada Post is being scaled back and it has got us worried. We use open source software for our operating system. In the last 5 years our privacy has been majorly violated. We are most concerned about our communications being sanitized. We no longer have control over who we can make contact with through electronic means. We can only contact people in person for representation so most people not within our city are off limits to us. We realize we are being followed and are being listened to in the privacy of our own home and our home has been entered numerous times when we are not home by intelligence but our means of communications are being sanitized. 5 years ago we noticed rootkits being installed on our operating systems and I was able to set up honey pots and found they were being installed by the military. Since, we switched to virtual machines from static medium verified with sha512sums (DEBIAN KNOPPIX) to get a malware free system each boot. The only website we use is Craigslist and we have met RCMP agents through Craigslist who wanted us to work for them to help them entrap people from terrorist to gangsters. We believe they were just looking for patsies though. I used to work for the RCMP over 20 years ago to infiltrate criminals and make arrests but I quit working for them because they wanted me to set people up that weren’t even breaking the law. For the last 5 years we have used Gmail and we have had numerous internet suppliers and numerous Gmail accounts and we have noticed people we have been emailing and people emailing us have not been getting the emails even though Gmail says they have been sent. We use an SSL connection so our communications are encrypted. The same thing applies to our text messages, we have used Rogers for internet, text and phone for the last 5 years. We have noticed our posting on certains forums are not showing up or they are being deleted as we are writing them right before our eyes or our browsers are being closed as we are writing stuff. Our computers are being shut down and our cell phones are being shut down as we are trying to correspond with people. We have realized that people have been contacting us through our email and our cell phones claiming to be people we know like family members for instance but we know they are imposters. We have tried contacting Human and Civil Rights advocates through electronic means but have had no replies. We have even tried to contact legal representation through electronic means but have never heard anything back over the years. It sounds strange but a gunman was sent to kill us early last year but we managed to evade him. Shortly after that someone tried hiring a hitman through the SILK ROAD website to kill us. At first when the website was taken down by the FBI the owner said the hit was for a father of 3 from Vancouver but later he admitted it was for the whole family of 5, a husband, wife and 3 children. We have been poisoned numerous times in the last 5 years and I have numerous painful swollen lumps throughout my body. Strangers have come up to us on the streets and have told us I have cancer. I went to the emergency room last year because my brain was swelling in my head and my eyes were bulging and I was having severe headaches and the doctor didn’t want to treat me and sent me home. Thanks for reading.

  3. CANADIAN INTELLIGENCE CAN DO WHATEVER THEY WANT –

    PRIVACY COMMISSIONER OF CANADA – JUSTICE DEPARTMENT OF CANADA

    Michael Heroux said michaelheroux1967@gmail.com

    The Justice Department Of Canada finally got back to us after ignoring us for over a month. They are now saying they won’t give us our information they have on us to look over, and they told us they will not answer anymore of our requests and to get The Privacy Commissioner Of Canada to investigate why they won’t give us our information. We have contacted The Privacy Commissioner Of Canada numerous times since November 30 2013, the same day the former Privacy Commissioner Of Canada stepped down. We want them to investigate why the The Justice Department Of Canada won’t give us our information, but The Privacy Commissioner Of Canada won’t help us get our information. They keep telling us they need concrete proof for them to investigate to get our information. It doesn’t make sence to us. Since we were told to move back to British Columbia in 2009 from Windsor Ontario for our own safety, we have been kicked out of numerous apartments because of the agents harassment and we have been kicked out of Victoria B.C. and Kamloops B.C. by the police and they are now trying to kick us out of Vancouver British Columbia. They now have 2 apartments around us. They have one beside us and they have one above us. They use both apartments and they are working in shifts. They monitor us from the the above apartment and when the one agent is above us monitoring us the other agent is sleeping in the apartment beside us. Approximately every 12 hours they switch, the one upstairs will move to the lower apartment and rest and the one that is rested will take his place. It has been that way now for over 5 years. We know the agent above us is doing the monitoring because when we start talking about them they will start stomping on the ceiling until we stop talking about them. They will also stomp on the ceiling when we are posting online about them, they will try to block our postings by messing around with our internet and they will start stomping. That is the only time they stomp on the ceiling. They don’t like us talking about them or posting about them. The first assasination attempt against us was in January 2013 when we went to find our one daughter that was working for them to investigate us in 2008. We went back to Windsor Ontario to find her and we were there for a month looking for her but we couldn’t find her. Just before we came back to British Columbia they sent a gunman to murder my family and I. It was later that year in 2013 that a stranger approached us and told us our daughters had been murdered. We are not sure what to do now. We are on Government disability and we cannot afford a lawyer to represent us and the Government won’t give us our information for a lawsuit against them. They won’t let us post on certain forums anymore, not even Craigslist, they keep blocking our posts on there now. In 2008 an agent told us that the Canadian Craigslist servers were controled by the Harper Government. We were told they made a deal with Criag and that Buckmaster guy otherwise they would block them from Canada. Sounds strange to me. They won’t let us post on The Globe And Mail website anymore either. Thanks for reading.

  4. CANADIAN INTELLIGENCE CAN DO WHATEVER THEY WANT –

    PRIVACY COMMISSIONER OF CANADA – JUSTICE DEPARTMENT OF CANADA

    Michael Heroux said michaelheroux1967@gmail.com

    The Privacy Commissioner Of Canada finally got back to us after ignoring us for quite some time now. When we first contacted her office they wanted more specific information from us to prove to them that the 30-08 warrants Judge Richard Mosley issued were actually for us. We know they have the security clearance to find out and we know they know the warrants were for us but they keep saying prove it. We sent them the names of the first 2 agents they sent to investigate us in 2008 and they didn’t even acknowledge the agents in any way. They didn’t comment on the agents, they didn’t ask questions about the agents or nothing. They are just ignoring anything we tell them even though they keep asking for more information. The first 2 agents they sent to investigate us in 2008 were our daughters. Our 2 daughters came back home to live with us in 2008 and told us they were working for Canadian Intelligence. They told us the agent that they were working for wanted them to set us up. It has got us worried. We don’t know whether Canadian Intelligence is playing some sort of sick game with us but a stranger approached us out of the blue last year and told us our daughters have been murdered. We have not heard from our 2 daughters since they were sent back home to investigate us for Canadian Intelligence. All The Privacy Commissioner Of Canada is saying to us is prove it. They want us to name names of the Intelligence agents we met in 2008-2009 but they won’t offer us any protection against further assasination attempts against my wife and kids and I even though they know about the previous attempts. We are still being monitored as I write this and we have reason to believe they are using foreign spies from their international coalition. The last thing The Privacy Commissioner Of Canada did was refer us to the recommendations that she made to Parliament on our behalf. The same thing is going on with The Justice Department Of Canada, all they want from us is more information from us to prove the 30-08 warrants were for us but even though they know about our daughters working as agents for Canadian Intelligence and they know about the poisonings and assasination attempts against us and they know the 30-08 warrants were for us all they are saying now is they don’t have control over the 30-08 warrant information we are looking for against us and they are saying Canadian Intelligence has the information we are looking for. Both agencies have security clearance and they know everything but they are playing dumb but they still want us to name names about the agents we met between 2008-2009 and neither of them are willing to offer us protection against further assasination attemtps against us.
    After our daughters left our home when they were done investigating us in 2008 many agents were contacting us in the beginning of 2009 offering us large sums of money if we left Canada for a while. We knew they were trying to get us to leave Canada but not until Judge Richard Mosley decision did we realize why. They were offering us luxury vacations in the sun and basically anything we wanted just to leave Canda for a while. Now we realize it was just a ploy to get their International Coalition involved, we probably would never have been heard from again. They also wanted us to bring our kids along. The good agents were warning us that our life was in danger and they were telling us to move back to British Columbia for our own safety. The local police force would escort us home late at night when we left the downtown area and we always wondered why we were so special. We decided to listen to the good agents and move back to British Columbia for our safety. Just as we were getting ready to move a few agents approached us and offered us $250,000 dollars if we stay in Ontario. We couldn’t believe it. But we left anyways. Thanks for reading.

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