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T.{BLE OF CONTENTS

r{B

It

Volume

DOCL.\IENT

.{tfidavrt of Tiffanie
J"
contrnue in Volume

;:3i:,9x1,,1,,,.;

,r dated

January 5,

volume
ffir[trir;]"
--

e,wru(req ln
a

separate.orna"niiri

,rlftru"'o""'
,'ffill',Jff" *"n,res),

sBEr
sEE

rr^_-_
voLUME

Supplementr

dated ,00.,

o;ly*ss

_ Dann/

""

*,IAL DOCUMENTS
"^*r,^-::::""

On"r_

SEE VOLUME
3

L DOCUMENTS

foJicr-classificati_-on and O"rr*urior1iffiJ

Infbrmation
--.-....-..-.-...-.-....--

security crearance rorm(Upgrade)

Letter- Dan palmer

Index ofdocumerrts
__----

ffi;

Danier

,r,

sent to Jame.

r"illoro ,, ro

ru**irffi

*or.*

--------_---Letter- Dan palmer

_-to Susan
-.

J.

-t

Mu,,"rJuilloorii

llJ

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11

Letter

Dan Palmer to Susan J. Mailer, dated 2005

31

101

t2.

Letter
02

Daniel Roussy to Susan J. Mailer, dated 2005 1l

103

13.

Letter

Dan Palmer to Susan J. Mailer, dated 2005 I

14.

Letter- David Vigneault (CSIS) to Dan Palmer, dated

I 14

r06
109

2007 03 22
15.

Letter - CSIS External Review and Liaison (ER&L) to

Susan Pollak (SIRC), dated2007 04 05

16.

Letter

James Duggan to Susan J. Mailer, dated 2007 04

114

17.

Letter

Gordon Kirk to Susan J. Mailer, dated 2007 04 20

117

18.

Letter

Susan J. Mailer to James Duggan and Gordon

t20

ll

110

Kirk, dated 2007 05 23

19.

Letter

20.

Letter

- Susan Pollak to James Duggan, dated2007

21.

Letter

22.

Susan Pollak to James Duggan, dated 2007 05 25

122

08 22

124

Gordon Kirk to James Duggan, dated 2007 08 31

126

Letter

James Duggan to Gordon

Kirk, dated 2007 1011

128

23.

Policy

Personal Security Standard

130

24.

Letter

Jean-Francois Mergure to Jim Judd, dated 2008 07

140

3l
25.

Letter - David Vigneault to Jean-Francois Mergure, dated

2008 08 21

26.

Letter-

Jean-Francois Mergure to Jim Judd, dated 2008

l0

141

142

02
27.

Letter - David Vigneault to Jean-Francois Mergure, dated

2008 11 0s

144

28.

Letter'- Jean-Francois Mergure to Jim Judd, dated 2008

145

17

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29.

Letter - David Vigneault to Jean-Francois Mergure, dated

2009 02 t6

146

30.

Letter

147

l9

Jean-Francois Mergure to Jim Judd, dated 2009 03

31

Letter - David Vigneault to Jean-Francois Mergure, dated

2009 04 17

149

32.

Letter - Suzanne Tourigny to Jean-Francois Mergure,

dated2009 06 15

l5l

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Letter

Gordon Kirk to Susan J. Mailer, dated 2009 06 30

153

34.

Letter

Dan Palmer to Susan J. Mailer, dated 2009 07 30

155

35.

Letter

Gordon Kirk to Susan J. Mailer, dated 2009

159

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30

Volume 2

36.

Letter - Jean-Francois Mergure to Gordon Kirk, dated

201,0 a5 07

l6t

5t.

Reasons for Decision

163

38.

Redacted Settlement Agreement, dated 2007

39.

Letter

Dan Palmer to Susan J. Mailer. dated 2006 03

31

174

-+0

Letter

Dan Palmer to Susan J. Mailer. dated 2006 1 1

15

181

1l
+1.

Le::c:

Danrel RtrLSSl.

PSLRB, dated 20lO

t,-r Susan

J.

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172

\'[:rler. rl"tgal ]rri 6 .l

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Policy

Treasury Board Policy Suite (Personnel Security

Standard)

236

48.

Excerpt from Security Intelligence Review Committee

(SIRC) Annual Report 2006-2007 (An operation review
the Canadian Secunty Intelligence Service, CSIS
accountability mechani sms

258

of

49.

Policy

50.

Presentation of the Internal Securitv Branch Mandate

51.

Policy

52.

Policy - Appendix I
Clearances

53.

Policy

54.

Policy - Procedures for Ensuring the Protection of

Classified Information During Adjudication of Grievances

295

55.

Security Screening Certificate and Briefing Form

298

56.

Briefing Note

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262
278

Secunty Clearance of Emplovees and Contractors

Elements of Personnel Secunty

289

Administrative Use for Polygraph Examinations

Request for a Level

III

Clearance

283

Danny

290

299

SEE VOLUME 3 - CONFIDENTIAL DOCUMENTS

Government Security

Palmer

57.

Briefirig Note

Extension of Level [I Clearance for exCSIS employee Danny PALMER

300

SEE VOLUME 3 _ CONFIDENTIAL DOCUMENTS

58.

Letter

Susan J. Mailer to James Duggan and Gordon

301

Kirk, dated 2007 1213

59.

Letter

James Duggan to Gordon

60.

Letter

Jean-Francois Mergure to Jim Judd, dated 2009 05

t9

Kirk, dated 2007 l0

15

314
315

61.

Letter -.Laurent Duguay to Danny Palmer, dated 2004 02

02

316

62.

Email - Between Daniel Roussy and Ken Benson, dated

2006 06 29

318

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Letter

Email

paul Richard (OpC)

to Nicole Jalbert (CSIS),

Ken Benson to Daniel Godbout,

dated 2003 06 25

Email- Ken

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dated 1006 05 i 9

Benson to Daniel Godbout,

dated 2003

l0

07

Email - Between Ken Benson

and Daniel Godbout, dated
2003 I I 19

confidential Exhibits to the

affidavit of Tiffanie Jennings
Briefing Note Reouest for
a Lever III crearance
Palmer (with enclosures;,
dated

2007 OS 04

ffi"r*tal

ilffi1"

Note

Dannv

Grievance (with pages marked),

dated 2004

Request for a Level

III

Clearance _ Danny

Briefing Note Extension

of Level II Clearance fbr exCSIS ernployee Danny pALMER

I
I

Memorandum of Fact and

Law
Part I - Statement of Facts
Part

Part

II - points in Issue
III - Submissions

IV - Order Sought
Part V - List of Authorities
Part

Appendix A

l.
2.
3.

Statutes and Regulations

Canadian Security Intelligence

Servicelcr, R.S.C., 19g5, c.
C_23
Public Service Labour Relations
Act,5.C.2003, c. 22, s. 2
Security of Information Act,R.S.C.,
19g5, c. O-5

Appendix B

l.

- Jurisprudence

,rK.r;i;nada

(Minister of Citizenship
and Immigration),
Llgggl2

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Court File No. T-2gl-12

FEDERAL COURT

tI

BETWEEN

DAIII\IY PALMER
Applicant
-and_

ATTORNEY GENERAL OF CANADA

I
I

Respondent

AFFIDAVIT OF TIFFANIE JENNINGS

I
T

I, Tiffanie Jennings, of the city of

ottawa in the province of ontario, MAKE
OATH AND SAY AS FOLLOWS:

1.

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been employed by the canadian

Security Intelligence Service (the Service

or GSIS) since 2003' Between 2003

and 2005,I worked as a Labour Relations
officer in the Personnel services branch
at csIS Headquarters in ottawa. In
December of 2005, I was promoted
to the position of senior Labour Relations
Officer in personnel Services.

I have

2.

In septernber of 200g, I was kansferred

to the Asia, Europe & Americas (AEA)
branch at Headquarters as a corporate
officer in the Briefing and Inter-Branch
Relations (IBRU), and was responsible
for coordinating various

corporate
activities and responding to corporate
requirements on behalf of the branch.
In
March of 2010, I was temporarily assigned
to the position of Acting Head, IBRU
in AEA.

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In December 2Ol2,l was transferred back to Personnel Services at Headquarters

and assumed my current duties as Chief, Labour Relations, where

am

responsible for the activities of the Service's Labour Relations Unit.

4.

I was present at the hearing on March 2l to 23,2011 and September 19 to 21,

2011 before Adjudicator Michelle Pineau (the Adjudicator) of the Public Service

Labour Relations Board (PSLRB).

I accompanied the Respondent

counsel, Mr.

Karl Chemsi. I, therefore, have personal knowledge of the facts outlined below.

5.

There was no recording or transcript of the hearing before the Adjudicator. The
hearing was held in camera and I took notes during the proceedings.

6.

also reviewed the Applicant's affidavit filed on March 16,2012.I believe that

his affidavit contains opinions and legal arguments. Based on my personal

knowledge of the facts,

also believe that the Applicant's affidavit contains an

opinionated interpretation of the facts and the evidence that does not reflect the
actual context of the matter that was before the Adjudicator.

7.

This affidavit is made in support of the Respondent's position in this application

for judicial review.

A.

The evidence before the Adjudicator

\r:;hed tr-r rhis mr aft-rdar.it as Erhibit "A" is a copl' oi the decision of the
\;- *J:;:tt r Jatec -lanuan 5. lC)11

r.::.-:*J:: ::.:s::.' .::-.;:',::.-. Er:::: "3".:t

Tabs i-66. are copies of all of the

i\.:..::'-s :i.=: ,'.*e el:e:ed :::., .".;'elJe belbre the Adtudrcator by the parties,

.i:a ::e e\.lilittrl ..: :i.;;

l-1r

erhiltl> that are included in a confidential

be pr.-,r ided undet sEparale r1r\.er.

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10.

The following list outlines the documents entered into evidence before the
Adjudicator (the Tab numbers coincide with the exhibit numbers at the hearing):

Tab #
1

Description
Supplemental Grievance (without pages marked), dated
Exhibit #3

2W

03 04

See

NOT INCLUDED
2.

- Request for a Level

enclosures), dated 2007 05 04

Briefing Note

III

Clearance

Danny Palmer (with

NOT INCLUDED
J.

Supplemental Grievance (with pages marked), dated 2004 03 04

NOT INCLUDED

Classification and Designation of Recorded Information

4.

Policy

5.

Security Clearance Form (Upgrade)

6.

Letter

Dan Palmer to Daniel Roussy, dated 2004 10 19

7.

Letter

Dan Palmer to Daniel Roussy, dated 2004

8.

Index of documents sent to James Duggan by PSLRB

9.

Letter

Daniel Roussy to Susan J. Mailer (PSLRB), dated 2005 10 I

10.

Letter

Dan Palmer to Susan J. Mailer, dated 2005

11

Letter

Dan Palmer to Susan J. Mailer, dated 2005 10 31

t2.

Letter

Daniel Roussy to Susan J. Mailer, dated 2005

13.

Letter

Dan Palmer to Susan J. Mailer, dated 2005 11 14

14.

Letter

David Vigneault (CSN) to Dan Palmer, dated 2007 03 22

15.

Letter - CSIS External Review and Liaison (ER&L) to Susan Pollak (SIRC),
dated2007 04 05

16.

Letter

- James Duggan to Susan J. Mailer, dated 2007 04 ll

17.

Letter

ll

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11, 02

Gordon Kirk to Susan J. Mailer, dated 2007 04 20

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18.

Letter

- Susan J. Mailer to James Duggan and Gordon Kirk, dated 2007 05 23

19.

Letter

- Susan Pollak to James Duggan, dated 2007 05 25

20.

Letter-

2t.

Letter

Gordon Kirk to James Duggan, dated 2007 08 31

22.

Letter

James Duggan to Gordon

23.

Policy

Personal Security Standard

24.

Letter

Jean-Francois Mergure to Jim Judd, dated 2008 07 31

25.

Letter

David Vigneault to Jean-Francois Mergure, dated 2008 08 2l

26.

Letter

Jean-Francois Merqure to Jim Judd, dated 2008 10 02

27.

Letter

David Vigneault to Jean-Francois Mergure, dated 2008 11 05

28.

Letter

Jean-Francois Mergure to Jim Judd, dated 2008 12 17

29.

Letter

David Vigneault to Jean-Francois Mergure, dated 2009 02 16

30.

Letter

Jean-Francois Mergure to Jim Judd, dated 2009 03 19

31.

Letter

David Vigneault to Jean-Francois Mergure, dated 2009 04 17

32.

Letter

- Suzanne

JJ.

Letter -Gordon Kirk to Susan J. Mailer, dated 2009 06 30

34.

Letter

Dan Palmer to Susan J. Mailer, dated 2009 07 30

35.

Letter

Gordon Kirk to Susan J. Mailer, dated 2009 10 30

36.

Letter

Jean-Francois Mergure to Gordon

37.

Reasons for Decision

38.

Redacted Settlement Agreement, dated 2007

39.

Letter

Dan Palmer to Susan J. Mailer, dated 2006 03 31

40.

Letter

Dan Palmer to Susan J. Mailer, dated 2006 11 15

4t.

Letter

Daniel Roussy to Susan J. Mailer, dated 2006 12 0I

Susan Pollak to James Duggan, dated 2007

0822

Kirk, dated 2007 10 1 1

Tourigny to Jean-Francois Mergure, dated 2009 06 15

- PSLRB,

Kirk, dated 2010 05 07

dated 2010

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Letter

Gordon Kirk to James Duggan, dated 2007 02 08

Letter

Susan Mailer to James Duggan and Gordon

Letter

Daniel Roussy to Susan J. Mailer, dated 2006 03 13

Email

Gordon Kirk to Susan J. Mailer, dated 20101213

Kirk, dated 2007 06

14

Letter- David vigneault to Danny Palmer, dated 2007 03 22

policy

- Treasury Board Policy

Suite (Personnel Security Standard)

(SIRC) Annual Report

Excerpt from Security Intelligence Review committee
Intelligence
2006-2007 (An operatior, .".ri"* of the canadian Security
Service, CSIS accountability mechanisms
Policy

Government SecuritY

Presentation of the Internal Security Branch Mandate

Policy

Security Clearance of Employees and Contractors

policy

Appendix

Policy

- Administrative

Elements of Personnel Security clearances

Use for Polygraph Examinations

Information
Policy - Procedures for Ensuring the Protection of Classified
During Adjudication of Grievances
Security Screening Certificate and Briefing Form

Briefing Note

- Request for a Level III Clearance -

Danny Palmer

NOT INCLUDEI)
employee
Briefing Note - Extension of Level II Clearance for ex-cSIS
Danny PALMER

NOT INCLUDED
Letter

Letter-

Susan J. Mailer to James Duggan and Gordon

James Duggan to Gordon

Kirk, dated 2007 12

Kirk, dated 2007 10 15

2009 05 19
Letter _ Jean-Francois Mergure to Jim Judd, dated
Letter

Laurent Duguay to Danny Palmer, dated 20A4 02 02

Email-BetweenDanielRoussyandKenBenspn,dated20060629

13

(,

63.

Letter

Paul Richard (OPC) to Nicole Jalbert (CSIS), dated 2006 05 19

64.

Email

Ken Benson to Daniel Godbout, dated 2003 06 25

65.

Email

Ken Benson to Daniel Godbout, dated 2003 l0 07

66.

Email

Between Ken Benson and Daniel Godbout, dated 2003 11 19

11.

With respect to exhibits 1,2,3, 56 and 57, which are not included in this affidavit,

I understand that they will be subject to a motion for order of confidentiality, filed
by the Respondent under Rule 151 of the Federal Courts Rules. These documents

will

be filed separately in a confidential book.

Oral testimonies

B.

12. In addition to the Applicant and myself, five witnesses testified before the
Adjudicator. Their testimonies included the following:

t.

Ken Brothers

i.

Chief, Physical Security in 2006

Testified to the fact that upon his release from the Service, Mr. Palmer

was reminded

of his obligations in

terms

of security and signed a

document denoting relevant excerpts from the CSIS

Information

Act.

Act and Security of

Mr. Brothers also testified that he reviewed

the

documents submitted and distributed by Mr. Palmer following his release

from the Service, and had deemed that some of these documents contained
classifi ed information.

b.

Gordon Kirk

Legal Counsel with the Department of Justice

to the fact that the hearing on the merits of the case was
scheduled for the week of October 29, 2007, and that an order of

Testified

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disclosure had been made by the PSLRB. Ivk.

complaints had been made regarding disclosure after the order was made.

ii.

in the summer of

2007

in the Montreal office. Mr. palmer

received its contents 2 to 3 months prior to the scheduled hearing.

111.

Documents were made available

in cslS's

Montreal office for

consultation. Mr. Palmer had access to documents up to Secret and Mr.

Palmer's counsel, James Duggan had access up to Top Secret. Mr. Kirk

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Mr. Kfuk also testified that Mr. Palmer's F: drive was unexpectedly
located

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Kirk testified that no

served as

sponsor

for Mr.

Duggan's application

for the security

clearance and had facilitated the delivering of the clearance forms to Mr.
Duggan and their return to Security Screening upon completion. Mr.

Kirk

was not involved in the decision making process; he simply served as an

intermediary, as

it seemed a reasonable

way to get the file moving

forward.

lV.

c.

l.

Mr. Kirk also provided an overview of what hanspired at mediation.

David Vigneault

Former Assistant Director, Secretariato and Assistant

Director, Intelligence with CSIS

Mr. vigneault testified that he knew that Mr. Palmer had been released
from the Service, but confirmed he was unaware of the details relating to
Mr. Palmer's file.

ll.

Mr. Vigneault provided contextual information pertaining to a specific

letter (Exhibit 27) he (Mr. vigneault) submitted to Mr. palmer's counsel,
Jean-Frangois

Mercure. Mr. vigneault explained that should a request for

a Top Secret clearance for Mr. Palmer be submitted to the Service by

another government departrnent, the ultimate decision

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clearance would be at the discretion of the Deputy Head of the requesting

department.

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iii.

Mr. Vigneault also explained the difference between s. 41 and s. 42 of the

CSIS

d.

Act.

Rachel Grandmaison

i.

Head, contractor Security and

soIA

Ms. Grandmaison explained that the Personnel Security Standard (PSS) is

Treasury Board policy that applies

for

personnel security and

contractors.

ii.

Government Security Policy (GSP) is the foundation for all other security

policies. Other relevant policies to the Service's Internal Security (IS)

branch are internal policies (Exhibits 51-54). These internal policies
describe the responsibilities of the persons working

for anployees and contractors, ffid

in IS, the clearances

describes the processes

for

new,

updated, deactivated and reactivated security clearances.

111.

Ms. Grandmaison testified that checks and procedures depend on the level

of

clearance required. Which clearance

will be issued

depends on the

duties and functions to be performed by the employee or contractor.

1V.

Ms. Grandmaison testified that Top Secret clearances need to be updated

every 5 years, as they are only valid for 5 years. Secret level clearances
are

valid for 10 years.

After Mr. Palmer was dismissed, his TOp Secret

clearance was

deactivated. It was reactivated and downgraded in 2006 for the purpose

of

adjudication. It was considered an administrative clearance. Mr' Palmer

was not interviewed because IS already had his information on file from
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validhis last security update, and because his Secret clearance was still
His Top secret clearance was refused by the Director because he had
breached securitY PolicY.

e.

Ken Benson

- Analys! Access

to Information & Privacy (ATIP)

Mr. Benson testified that Mr. Palmer had submitted a number of requests

to ATIP. Mr. Benson and Mr. Palmer spoke occasionally to provide

in
updates. Mr. Benson explained that he processed Mr- Palmer',s F: drive
2003 and ewly 2004, and was only given access to the F: drive at the time

of the request. Mr. Benson testified that any vetting would have been
done in accordance with the appropriate Acts'

Mr. Benson also testified that if someone is not satisfied with the manner
in which someone has processed his/her ATIP request, he/she has recourse

11.

available through

the

Information Commissioner

or

Privacy

Commissioner. Mr. Benson recalled one complaint submitted by Mr'

Palmer.

13.

With respect to Exhibit 38, the Redacted Settlement Agreernent, dated October
25,2007,I took note of the exchange between counsel and the Adjudicator
in his
regarding that evidence. Contrary to what was mentioned by the Applicant
affidavit at paragraph 116 and ll7,the actual context is as follows:

a. During the cross-examination of the Applicant, counsel for the Respondent'

Mr Cherlsi, asked questions about the alleged invalidity of the settlement'

b.

to
counsel for the Applicant, Ms Stanners, strongly and formally objected
the
questions raising issues relying on what actually occurred during

mediation session.

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The Adludicator ruled in favour of the Applicant's counsel and decided that
the questions should not concem the content of the mediation.

d.

As a consequence, counsel for the Respondent filed the redacted version of

the Settlement Agreement (Exhibit 38).

e.

Counsel for the Applicant continued objecting to the admissibility

of the

Settlement Agreement as evidence even though the content was redacted. The

Adjudicator ultimately ruled that the content of the Settlement Agreement

not be discussed at the hearing but that Exhibit 38

will

will

be introduced for the

sole purpose of demonshating the existence of a Settlement Agreement.

f.

At the end of the last day of the hearing on

Septonb er

9,

2011, after the last

witness had testified and after the evidence was completed, counsel for the

Applicant, Ms. Stanners, wanted to introduce the un-redacted Settlement

Agreement as an exhibit without any witnesses.

g.

Counsel for the Respondent objected to the introduction

of the Settlernent

Agreernent at that stage of the proceedings.

h.

The Adjudicator decided that since the evidence was closed and based on the
previous ruling on that issue, she would not allow the introduction of the unredacted Settlernent Agreernent.

Sworn before me at the City of

)
Ottawa in the Province of Ontario )
this}Tth day of April,2olz.
)

) ir

t^':*hfu-

\_-_/

Commissioner for Taking Affidavits

etc '
Nadia Labelie, a Commissioner'
ijilt^iJ-oi oi,t.no, lor rhe Government ol canada
Service
CanaOian Security lntelligence
17'
20,l3'
MaY
ExPires

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