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    A review by Maj.-Gen. Daniel Gosselin on how Annex UU was published.

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    A review by Maj.-Gen. Daniel Gosselin on how Annex UU was published.

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    © All Rights Reserved
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    Download as pdf
    28K views46 pages

    Maj.-Gen. Daniel Gosselin Review of Annex UU

    Uploaded by

    Mack Lamoureux
    A review by Maj.-Gen. Daniel Gosselin on how Annex UU was published.

    Copyright:

    © All Rights Reserved
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    UNCLASSIFIED Chief of the Defence Staff Chef d'état-major de la Défense National Defence "Quartier gonéral de Headquarters Ia Défense nationale ‘tama, Ontsro Ottawa (Ontario) KiaoKe — KIAOK2 2 December 2020 Distribution List TERMS OF REFERENCE - COMMAND PROCESS, REVIEW — CANADIAN JOINT OPERATIONS COMMAND. INFORMATION OPERATIONS DIRECTIVES References: A. 3350- Op LASER 20-01 (Conti Ops/RDIMS #508333) CJOC FRAG O 001 TO OPERATIONS ORDER 002 — OP LASER 20-01, 8 April 2020 B. DND and CAF Policy on Information Operations, 3 April 2018. C. CFJP 3-2 Domestic Operations, 8 November 2011 D. CFJP 3-10 Canadian Forces Information Operations, 15 April 1998 E. QR&O Chapter 21 — Summary Investigations and Boards of Inquiry F. DAOD 7002-0 — Boards of Inquiry and Summary Investigations G. DAOD 7002-2 — Summary Investigations H. DAOD 7002-3 — Subjects of Investigation and References |. DAOD 7002-4 — Examination of Witnesses J. DAOD 7004-0 — Claims By or Against the Crown and Ex gratia Payments K. CANFORGEN 191/13 — Summary Investigation On-line Training Package Idincrad il.ca ain) ( L. AISC Web Site 1. Backaround. In April 2020, Canadian Joint Operations Command (CJOC) issued the direction at reference A, which was intended to guide the conduct of operations in support of Operation (Op) LASER — the Canadian Armed Forces (CAF) contribution to the Government of Canada (GC) COVID-19 response. Included in this order was an annex that directed the conduct of Information Operations in support of Op LASER. While the order was rescinded following the advice of strategic staffs and on the direction of the Chief of the Defence Staff (CDS), the promulgation of this directive may have been contrary to the CDS/Deputy Minister (DM) policy on Information Operations (reference B) and its unauthorized release may have predicated a chain of decisions at lower echelons that caused reputational damage to the Department of National Defence (DND)/CAF. Moreover, ambiguity with how the order was rescinded resulted in the continuation of unsanctioned activities into the late spring of 2020. 5 National Défense boyy Defence nationale Canad UNCLASSIFIED ‘A0467682_1-000001 UNCLASSIFIED 2. Reviewing Officer (RO). To ensure impartiality and separation from the chain of command, Major General (MGen) (Retired) Daniel Gosselin will conduct a review of the current CAF command processes as they relate to the circumstances surrounding the publishing and release of the Information Operations - Annex UU to reference A. 3. Advisors to the Formal Review. While conducting the review, should it become apparent that a subject matter expert is required to provide advice or assist with analysis of the evidence, the RO is to contact me. 4. Conflict of Interest. Should the RO receive evidence that indicates a Possibie conflict of interest on the part of myself, the RO, or an advisor to the review, the RO must adjourn the review and refer the matter to me for further disposition 5. Administrative Investigation Support Centre (AISC) Training and Support. Prior to conducting the review, the RO is encouraged to complete the AISC online training package available on the Defence Learning Network as per references | and J. The RO may contact AISC at any time concerning formal review procedural matters. The AISC point of contact for this review will be Roxanne La Bréche at Roxanne.) 6. Purpose and Conduct of the Review. This review will be an internal, administrative, fact-finding investigation conducted for the purpose of informing and advising me on the matters identified in this TOR. It is not mandated to make findings of disciplinary, civil, or criminal liability, and its findings and recommendations must not be interpreted in that manner. While this review is not classified as a formal Summary Investigation (SI), it shall be conducted in accordance with references C through J where applicable. 7. Intent. The primary intent of this review is to determine the circumstances surrounding the publishing and release of Annex UU to reference A, and to offer advice on potential changes needed to policy, authorities, and doctrine to prevent a recurrence of similar instances in the conduct of domestic operations. 8. To achieve the intent, the RO must a, Obtain and consult all pertinent legislation, regulations, orders, Fragmentary Orders (FRAG 0), directives, instructions, local orders, and standard operating procedures; b. Identify and interview available and relevant witnesses; 215 UNCLASSIFIED, ‘n0467682_2.000002 UNCLASSIFIED Make reasonable efforts to obtain and review available and relevant records, investigative reports, letters, and other documentary evidence, including relevant inspection reports, turnover reports, verification reports, emails, directives, and database records; and Obtain a copy of relevant reports and associated evidenoe. For all matters relating to military police reports, the RO must contact Mr. Daniel Potvin, Access to Information and Privacy Manager, Canadian Forces Military Police Group Headquarters, at Danie!.potvin2 @forces.cc.ca or Mr. Frank Hillebrandt at nk. Hil 2@forces.qc.ca, Witness statements and other attachments to police reports may be cited as evidence and included in an Annex to the review, Police reports must not be cited as evidence nor included with the review but must be forwarded by separate correspondence to me. Evidence concerning the police report obtained by interview of the police officer concemed may be cited as evidence and included with the review. 9. Required Findings. On the balance of probabilities, the RO will find: a. UNCLASSIFIED, Finding 1 —What are the extant policies, authorities, and doctrine in Place to govern the conduct of information operations domestically as part of CAF support to another federal government department? Finding 2 — Absent a request from another government department for the CAF to conduct information operations domestically, or a CDS order to do so, why did CJOC opt to issue Annex UU of reference A at the operational level? Finding 3 — Did CJOC consult with legal, policy, and communications staffs before the CJOC Op LASER Information Operations Annex UU to reference A was issued? If so, at what level was that advice sought and how was it codified? Finding 4 — What direction was issued by the Regional Joint Task Forces (RJTFs) in response to the CJOC Information Operations Annex UU to reference A? Finding 5 — Following the CDS direction to Commander CJOC that the Information Operations Annex UU to reference A was to be rescinded, what steps were taken and what subsequent direction was issued by Commander CJOC to withdraw the previous order? How was this supplemental direction promulgated to all RUTFs and did they acknowledge the direction? If not, why not? 3/5 ‘A0467682_s.000003 UNCLASSIFIED 10. Additional Findings. If the RO encounters evidence, pertinent to the intent of this review, suggesting that additional findings should be made, he must consult me for an appropriate amendment to the TOR 11. Recommendations. Recommendations may be made concerning any measures that may prevent similar incidents in the future. Such recommendations must be directly related to the findings and submitted in writing as part of the formal review report. 12. Criminal Act/Breach of the Code of Service Discipline. Should the RO receive evidence that he reasonably believes relates to an allegation of a criminal act or a breach of the Code of Service Discipline, the RO must adjourn, obtain legal advice, and notify me in writing in order to obtain instructions as to the continuation or suspension of the review process. 13. Concurrent Investigations. This review must be conducted on a non- interference basis to any ongoing Military Police investigation, if applicable. A prospective witness must not be compelled to give evidence to the RO in relation to the subject matter of a Military Police investigation, charge, arrest, or detention when the prospective witness: a. _ is currently the subject of a related Military Police investigation; b. has been charged with, or under consideration for possible charges related to, any offence under the National Defence Act or other Canadian law; or +c. _ has been arrested or detained in respect of an alleged act or omission that could constitute such an offence, However, where the gathering of such evidence is deemed critical to the successful completion of this investigation, legal advice must be sought and | must be notified. Recognizing that obtaining a witness statement in such Circumstances could have the effect of jeopardizing subsequent legal proceedings, the RO must await my direction prior to proceeding. 14. Military Police Conduct. If, during the course of the investigation, a matter arises that raises issues involving the conduct of a member of the Military Police in the performance of any policing duties or functions, the RO must forward the matter to me for further disposition 15. _ Claims/Litigation. Should it appear during the investigation that a claim by or against the Crown may arise, the RO must consult reference H, obtain legal advice, and inform me. 45 UNCLASSIFIED ‘A0467682_4.000004 UNCLASSIFIED, 16. Security. The report of this investigation will remain unclassified, unless evidence is received of a higher designation or classification, in which case the report must bear the designation or classification of the most sensitive information contained therein. 17. _ Requests for Information. All requests by the public for information concerning this review must be referred to the Director Access to Information and Privacy at National Defence Headquarters. 18. Report Due Dates. The finalized Report of Findings and all associated documents and materials must be delivered to me by 23 December 2020. Should it prove impossible to meet this due date, a written, substantiated request for extension must be submitted to me. 19. Consultation with the Officer who Ordered the Review. Should the RO encounter any pertinent issue that is considered of importance but falls outside the scope of this TOR, the RO must consult me to determine the way forward, Moreover, the RO may consult with me at any time to clarify any matter related to this TOR. Matters of a routine nature will be addressed by the Director of Staff, Strategic Joint Staff 20. Logistics Support. The point of contact for issues related to administrative/financial support of this investigation is Major Darryn Gray, Senior ‘Aide-de-Camp to the Chief of the Defence Staff at 613-904-5567 or RRYN GRAN Distribution List Action MGen (Retd) D. Gosselin SJS DOS, SJS DG Coord Sr ADC CDS Information DM vcDs Comd CJOC NDHQ Ottawa/AISC 5/5 ‘A0467682_5.000005 UNCLASSIFIED UNCLASSIFIED Annex B~ Findings and Approach of Review Finding Approach of Review 1, What are the extant policies, authorities, and doctrine in place to govern the conduct of information ‘operations domestically as part of CAF support to ‘another federal government department? dentification and listing ofall CF documentation relevant to Information Operations (doctrine, policy, and concept documents). Identification of and listing ofall documents relevant to domestie operations. Identification of ministerial directives relating to Op LASER. 2. Absent a request from another government department for the CAF to conduct information ‘operations domestically, or a Chief of the Defence Staff order to do so, why did CJOC opt to issue ANNEX UU of reference A at the operational level? [Reference A is 3350- Op LASER 20-01 (Cont! Ops RDIMS #508333) CJOC FRAG O 001 TO OPERATIONS ORDER 002 ~ OP LASER 20-01, 8 Aprit 2020] Identification of the factors that led CIOC to prepare Annex UU. Identification of actions that led to the preparation, ‘writing, approval and release of Annex UU. Details ofthe authorities and of the approval chain for CJOC FRAGOs, Questioning of relevant individuals that were involved in the preparation, writing, approval and release of Annex UU. Examination of reports and emails conceming the preparation, writing, approval and release of Annex UU. 3. Did CJOC consult with legal, policy and ‘communications staffs before the CJOC Op LASER Information Operations ANNEX UU to reference A wwas issued? If's0, at what level was that advice sought cand how was it codified? Identification of key individuals that were involved with the writing of Annex UU. Identification of CIOC and strategic-level advisors that were, or could possibly have been, consulted for ‘Annex UU. Identification of the advice provided, and how and to who it was provided. Identification of what actions were taken with the advice received, “What direction was issued by the RITFs In response to the CJOC Information Operations ANNEX UU at reference A? dentification of relevant Op ORDERS and FRAGOs that were promulgated, and that could have made reference to Annex U. Identification of documents and emails confirming that JTF-LR and RITFs received Annex UU. Identification of emails and communications between CJOC HQ, JTF-LR and RITFs about Annex. uu. 5. Following the Chief of the Defence Staff direction to CJOC that the Information Operations ANNEX UU of reference A was to be rescinded, what steps were taken and whas subsequent direction was issued by CJOC to withdraw the previous order? How was this supplemental direction promulgated to all RITFs and did they acknowledge the direction? Confirmation of the CDS direction to rescind Annex ‘UU, and how this direction was passed to CJOC, dentification of actions taken by individuals in the chain of command to act on the CDS direction. Examination of documents and emails relating to the CDS direction to rescind Annex UU. UNCLASSIFIED Bl/I ‘A0467682_6.000006 UNCLASSIFIED Annex C ~ List of Witnesses Name First Rank | Unit/Position Contact Date of Details Interview(s) Rouleau Mike [Gen VCDS Interview 07-Dee-20 [Comd CJOC] Emails Bematchez RAdm JAG Emails Cadiew MGen __ DOS SIS Interview O7-Dec-20 Paul MGen __DG International Security Policy Emails Santarpia Adm Comd MARLANT Interview (Z) | 09-Dec-20 [COS CJOC (GOLD Team)] Seymour Bill MGen — CIOC DComd Interview (P) 09-Dee-20 Emails ‘Anderson | Dave BGen — VCDS—CFD organization Interview (Z) | 14-Dec-20 (Red) [CIOC COS (BLUE Team)] Emails Bemard Simon BGen __ CJOC DG Plans Interview (Z) | 14-Dee 20 Bourgon Lise BGen CDA — Visiting Defence Fellow Interview (Z) [CJOC Dir Ops} Emails Carpentier Gervais BGen _ Comd JTF East (FOIE) Interview (P) Emails Janzen Jay BGen DG Military Strategic Communications | Interview (Z) | 17-Dee-20 Emails Mialkowski Conrad BGen Comd JTF Central Interview (Z)—11-Dee-20 Emails Baer Tim Col COC DCOS Emails Boudreau Brett Col | CDSCIG Interview O7-Dee-20 [SA ADM(PA)] Emails Henderson Chris Col CJOC Dir Joint Readiness Interview (P) | 10-Dec-20 [CJOC Dir JOE (GOLD Team)] Emails Marcella Tim Col DCOS 1 Cdn Div Interview (Z) | 11-Dee-20 [COS ITF-LR] Emails Michaud Yannick Col__-—~»-CDI Deputy DGIPP. Interview (P) | 16-Dec-20 [SA Comd CJOC] Emails Smith Jody Col CJOC Dir Joint Targeting and Effects ___ Emails Collins Sara LCol___ CIOC LEGAD (BLUE Team) Emails Deneau Erik Lol CIOC JTE Chief Effects (BLUE Team) | Interview (P) | 11-Dec-20 Emails 22-Dec-20 Golbeck Bonnie LCol_-—» PCO Senior Communications Analyst Interview (P)__17-Dec-20 [CJOC Chief StratCom] Emails Lutz Jill Lol CO Cdn Det JBER, Elmendorf AK Emails [CJOC Dir JOE (BLUE Team)] Morin Michael LCol_— CFC Directing Staff Emails ITF-LR Chief Effects Thomson Adam LCol Air Force Publie Affairs Emails [CJOC Chief Public Affairs) UNCLASSIFIED C12 ‘A0467692_7.000007 UNCLASSIFIED Name First Rank | Unit/Position Contact Date of Details Interview(s) Carter Chris Maj CJOC ITE Chie Effects (GOLD Team) Emails Fancey Neil Maj s Coy, GG Foot Guards | Emails [CJOC J3 Continental Ops 1] Shepherd LCdr OC IACC BRAVO — Influence Emails Activities Task Force Bralé Tracy Ms. ‘CIOC Deputy POLAD Emails Legend to the Table Witness identified in this list means anyone contacted by the Reviewing Officer for an interview and/or by email to gather relevant information for this Review. Witnesses are listed by rank Position indicated in brackets is the position the individual had prior to APS 2020. Contact details are identified as follows: (© Interview means in-person interview. Interview (Z) means Zoom-facilitated interview. Interview (P) means phone interview. Emails means exchanges during period 7-22 Dec 2020 in response to questions RTQ) sent by the RO. UNCLASSIFIED c-2/2 ‘A0467682_6.000008 UNCLASSIFIED Annex D Notes to Figures 1 to 3 Timeline of Events and Actions Relating to Annex UU The following notes provide details on the sources for the information presented in the figures, including additional contextual comments as appropriate 4 — Notes~ Figure 1 1___ CDS TASKORD 002 - OP LASER 20-01 - Force Employment Framework, 3 Apr 2020, 2 CIOC OPERATIONS ORDER 002 OP LASER 20-01, 3 Apr 2020. This OPORD included 17 annexes but made no mention of Information Operations (IO) or Influence Activities (1A). 3 Theaim of the CJOC ROC drill was “to establish a common understanding of the CIOC Scheme of Manoeuvre for the conduct of Op LASER and LENTUS.” COC PowerPoint presentation “CJOC ROC DRILL,” 3 Apr 2020. The ROC drill had stressed the importance of 1O during Op LASER. Interview of Col Brett Boudreau, 7 December 2020; also, email Col Boudreau to RO, 7 Dee 2020. 4 Email Maj Fancey, CJOC J3 Continental Ops 1, to Cpl Cabill, Targeting Analyst in CJOC ITE cell, 7 Apr 2020. 5 Email Cpl Cahill to Maj Fancey, 7 Apr 2020, 6 —_ITF-LR OPORD 002 ~ OP LASER 20-01, 7 Apr 2020. The OPORD includes guidance on strategic ‘communications, but no guidance or direction on 1O. It includes Annex U ~ Influence Activities. 7 Email Cpl Cahill to both LCol Golbeck, CJOC Chief StratCom, and LCot Thomson, CJOC Chief PAO, 7 Apr 2002. LCol Deneau, JTE Chief Effects, also sends later that evening a draft annex to his senior staff for comments (2116h), indicating that he needs to submit Annex UU the following. morning (8 Apr). He asks for comments by 0800h, 8 Email LCol Deneau to LCdr Mark Shepherd, STF-LR IA staff, and LCol Michael Morin, JTF-LR Joint Effects, 7 Apr 2020. In his email, Deneau mentions that Annex UU is @ draft, not for distribution, ‘and that he wants comments by 0800h the following morning (8 Apr) for consolidation and for review by CJOC advisor and DG level review. 9 Emails LCdr Shepherd, JTF-LR SO LATF, to LCol Deneau, 7 Apr 2020 (2354h) and 8 Apr 2020 (OTI2h). Also, email LCdr Shepherd to RO, 17 Dec 2020. 10 Email LCol Golbeck to LCol Deneau, 8 Apr 2020. Golbeck acknowledges that there is pressure to release the Annex; she thinks that there is confusion about the aim of the document and the tasks, assigned, particularly the PA tasks. IL Email Cpl Cahill to Maj Fancey, 8 Apr 2020. LCol Deneau was eced on this email. The email from ‘Cpl Cahill is telling in highlighting the strong desire ofthe JTE cell to have Annex UU incorporated into the FRAG O about tothe released. 12 On the issue of the VIC, BGen Janzen, ADM(PA) DGMSC, in RTQ email to RO, 10 Dec 2020. This VIC was also confirmed by LCol Thomson, in an e-mail to the RO, 11 Dec 2020. On concems, email from Col Brett Boudreau, SA ADM(PA), to multi addressees, including BGen Janzen, 8 Apr 2020 (1605h). 13 BGen Bourgon, CJOC DG Ops, signs off FRAG 0 to OPORD 002 — Op LASER 20-01, 8 Apr 2020. It includes Annex UU. Bourgon recalls signing the FRAG O around 1700h. Interview of BGen Bourgon with RO, 10 Dec 2020. Note that CJOC FRAG © 001 was formally released to a wide distribution list, including JTF-LR, and JTFs as ce addressees, but not until 9 Apr. Cont! Ops! RDIMS. 508371 CCM 0006769, 9 Apr 2020 (1436h) refers. 14 Email LCol Deneau to BGen Janzen, 8 Apr 2020 (1847h). LCol Deneau mentions that the Annex is a

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