Chapter 1 : Operational Context
Special Report on the Collection, Use, Retention and Dissemination of Information on Canadians in the context of the Department of National Defence and the Canadian Armed Forces Defence Intelligence Activities

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10. The CANCIT Functional Directive was created to address issues arising out of an increasingly complex environment, including that DND/CAF would encounter enemy combatants who are also Canadians. Footnote 4 To the extent that intelligence supports operations, it is no longer a mere possibility that DND/CAF will encounter information about Canadians as part of its intelligence activities; it is likely unavoidable.

Canadian citizens fighting abroad

11. Canadian citizens have travelled abroad to join various groups that seek to attain their objectives through violent means. Of relevance to this review, these Canadians become involved with those groups through means that include on line platforms used by terrorists and violent extremists to conduct recruitment and targeted indoctrination activities, and to encourage followers to carry out violence. Footnote 5 The latest data indicate that approximately 190 extremist travellers (also known as foreign fighters) with a connection to Canada are currently abroad, including in locations such as Iraq, Syria, Turkey, Afghanistan, Pakistan, North Africa and the Middle East. Footnote 6 Media reporting in April 2019 stated that Canadian terrorists have possibly killed or injured more than 300 people in other countries since 2012, and that citizens of 19 countries were killed in attacks that may have involved Canadian perpetrators. Footnote 7 Examples include the following:

  • In July 2012, Hassan El Hajj Hassan, an alleged member of Hezbollah from Vancouver, is believed to have played a key role in plotting a targeted bus bombing in Bulgaria, killing five passengers and the driver. Footnote 8
  • In January 2013, Ali Medlej and Xristos Xatsiroubas, two Canadians from London, Ontario, took part in the attack on the Amenas gas plant in Algeria, which resulted in over 60 deaths. Footnote 9
  • In April 2013, Mahad Ali Dhore, a Canadian member of al-Shabaab, participated in the attack against the Somali Supreme Court building, which resulted in 34 deaths. Footnote 10

12. As part of its contributions to international security, Canada has deployed DND/CAF to areas known to have attracted extremist travellers. In one case, DND/CAF obtained information about Canadians in the execution of deployed missions, which resulted in legal and operational issues for deployed forces. Footnote 11 In another case, DND/CAF worked with *** Footnote 12 These cases are discussed below.

Allied forces targeting Canadians

13. A September 16, 2015, briefing note to the Chief of Defence Staff provided some details on the strategic issues associated with the targeting of enemy combatants who are also Canadian citizens. It stated:

As Canada is engaged in an armed conflict with ISIS [Daesh] and associated armed groups, DND/CAF operations under Op IMPACT [Canada's participation in the Global Coalition against Daesh] include both direct support to, as well as participation in, strikes against target packages including enemy combatantsY31 On occasion, these target packages consist of specifically identified individuals, with nationalities in some cases known prior to engagement. The Coalition targeting process ensures that all individuals engaged under Op IMPACT are ultimately enemy combatants. Footnote 14 *** Having such a process and therefore being actively involved with nations engaged in *** operations increases the ability to share information, and offer options to [Government of Canada] partners *** While the nationality of targeted individuals is, in the context of the Law of Armed Conflict (LOAC), not an issue, domestic Canadian policy, political, and legal concerns may emerge. Footnote 15 (emphasis added)

14. [*** This paragraph was revised to remove injurious or privileged information and to ensure readability. The paragraph states that DND/CAF is aware of such instances, including in areas where DND/CAF has operated, and was asked by an ally to provide further information. ***] Footnote 16 *** Footnote 17

15. [*** This paragraph was revised to remove injurious or privileged information and to ensure readability. The paragraph continues to describe the content of a briefing note to the Chief of Defence Staff, which made three recommendations. ***]

Deliberations by government officials

16. The participation of Canadians in armed conflicts against DND/CAF has been considered within the Government of Canada, including DND/CAF. In 2015, the National Security and Intelligence Advisor to the Prime Minister held discussions with senior government officials on the legality of using lethal force against Canadians in the context of the campaign against Daesh. While DND/CAF has stated that defence intelligence activities "generally do not give rise to risks to the rights and freedoms of Canadians," Footnote 19 notes prepared in advance of these discussions for the Associate Deputy Minister and the Senior Associate Deputy Minister of National Defence indicate that the sharing of intelligence with allied nations was raised in the context of the extremist travellers phenomenon. Footnote 20

17. *** expressed concerns over the sharing, with DND/CAF, of intelligence on Canadians involved with Daesh. DND/CAF stated in an internal briefing note that for*** this was "presumably due to concerns about how DND/CAF, or allies to whom the DND/CAF may pass information, may use the information for targeting purposes." Footnote 21 DND/CAF raised the following key issues, stressing the need to come to a common understanding in relation to the targeting of Canadians who participate in hostilities against Canada or allied nations:

  • What is the applicable law?
  • In cases where Canadians are identified as fighting for [Daesh], what conditions must be met for *** of the individuals involved?
  • Where available intelligence on Canadians *** knowing that it will be used for targeting?
  • Should a decision be made on any of these matters, what mechanism should be in place to guide the decision-making process? Footnote 22

Overseas operation ***

18. [*** This paragraph has been revised to remove injurious or privileged information. It describes an overseas operation in which the collection of information about Canadians became an issue for Canadian authorities. ***] Footnote 23 *** Footnote 24 *** Footnote 25

19. [*** This paragraph was revised to remove injurious or privileged information and to ensure readability. The paragraph describes the objectives of DND/CAF's participation in a multinational operation, assessing that it represented a unique opportunity for Canada to better understand the scope of the threat posed by Canadian extremist travellers and violent extremist organizations to Canadian interests, both at home and abroad. ***] *** Footnote 26 *** Footnote 27

20. [*** This paragraph was revised to remove injurious or privileged information and to ensure readability. The paragraph notes that the Committee received a contradictory record in regard to the DND/CAF authority to participate in this multinational operation, with DND/CAF asserting that it could do so under the Crown Prerogative and other documents which stated that DND/CAF could not do so under its own authorities. ***] *** Footnote 28 *** Footnote 29

21. [*** This paragraph was revised to remove injurious or privileged information and to ensure readability. The paragraph states that Canada decided that DND/CAF could participate under another authority. ***] *** Footnote 30 *** Footnote 31

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