The matter of former Canadian Forces officer SLt. Jeffery Delisle is an interesting study in the jurisdiction of the Canadian Forces military police and the CFNIS.
On January 13, 2012, SLt. Jeffery Paul Delisle was arrested by the Royal Canadian Mounted Police for violating the Security of Information Act. His offence was that he had been selling “5 -Eyes” intelligence to the Russians.
5-Eyes is the name of the intelligence alliance comprising of Australia, Canada, New Zealand, the United Kingdom, and the United States. The information that Delisle had given to the Russians was most damaging to the United States, hence why the American Federal Bureau of Investigations was the first agency to become involved in this matter.
The FBI made contact with the Canadian Security and Intelligence Service and informed CSIS of the activities of Mr. Delisle.
From documents released under Access to Information Requests, it became very apparent that the CFNIS was kept out of the loop literally until the last minute.
So the timeline want like such:
December 9th, 2011 CFPM informs the CO CFNIS that an investigation is underway into a member of the Canadian Forces.
January 13th, 2012 Canadian Forces officer Sub-Lt. Jeffery Paul Delisle is arrested by the RCMP.
December 13th, 2012 the RCMP fully brief the Commanding Officer of the CFNIS on the particulars of the investigation.
In a report issued in October 2012 which discussed the matter of Sub-Lt. Delisle,
Was this interesting section:
Basically, this is the Canadian Forces and the Department of National Defence pouting that their “police” weren’t involved in the investigation of their own officer Mr. Delisle. One can only wonder why the FBI, CSIS, and the RCMP wanted to steer clear of involving the Canadian Forces Military Police Group and the CFNIS .
SLt. Delisle had been sharing “5-Eyes” intelligence that he collected from DND computers, located on DND property, while he was a person subject to the Code of Service Discipline. If anyone was deserving of being investigated by the CFNIS, it was SLt. Delisle.
The National Defence Act even has sections that specifically deal with persons such as Mr. Delisle.
Sections 75(b), 75(c),75(j) would possibly have applied.
Section 78 may be a stretch, but it could still be argued that if Russia is not an ally, then it is automatically considered an enemy.
The Security of Information Act is what Mr. Delisle violated.
4(1)(a) and 4(1)(b) seem to be the sections that Mr. Delisle ran afoul of.
The Security of Information Act applies to all persons who were subject to the Code of Service Discipline when they became aware of the information.
A prohibited place means a military base, or even a building that is used by the military for military business.
Is the incompetence of the CFNIS really that legendary?
In March of 2015, then Defence Minister Jason Kenney said that an MPCC report issued had clearly indicated that the military police were guilty of “wrongdoing and incompetence”.
If the Slt Delisle case does prove one thing, it’s that the “sole jurisdiction” claim of the CFNIS is laughable at best.