Federal officials lost or possibly destroyed sensitive records about the case of a naval officer convicted of selling secrets to Russia, an investigation by Canada’s information commissioner has found.
The commissioner’s probe, which involved the country’s top public servant and the prime minister’s national-security adviser, left key questions unanswered because the classified records about the spy case could not be located.
The episode began seven years ago when The Canadian Press filed an Access to Information Act request with the Privy Council Office for briefing notes, emails and reports about the case of Jeffrey Delisle from a three-week period in the spring of 2013.
Delisle, a troubled junior naval officer, had been sentenced to 20 years in prison after pleading guilty to passing classified western intelligence to Russia in exchange for cash on a regular basis for more than four years.
The access law, intended to ensure government transparency, allows people who pay a $5 fee to ask for a wide array of federal documents, with some specific exceptions.
The Privy Council Office, the apex of the federal bureaucracy, responded in August 2013 that the records concerning Delisle would be entirely withheld from release because they dealt with matters such as investigations, international relations and detection of subversive or hostile activities.
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The Canadian Press complained the following month to the information commissioner, an ombudsman for users of the law who has the power to review documents and decide whether they have been properly withheld.
The events that followed were detailed this month in a letter to the news agency from information commissioner Caroline Maynard.
The commissioner’s office asked in 2013 for an uncensored copy of the files to examine and the Privy Council Office said arrangements would be made for an investigator to view the sensitive records on site.
However, it appears more than five years passed before the commissioner’s office followed up.
In July 2019, the deputy director of the Privy Council Office corporate-services branch told one of the commissioner’s investigators the documents had “most likely” been inadvertently destroyed.
Maynard then issued an order to Greta Bossenmaier, the national security and intelligence adviser to the prime minister at the time, to produce the records — a move aimed at determining whether they had indeed been purged.
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In late November, the Privy Council Office’s director of Access to Information replied on Bossenmaier’s behalf that the Privy Council Office could neither locate the records nor confirm if they had been destroyed.
The director provided a few more clues: in 2013, an access analyst viewed the records in a secure area of the office’s security and intelligence secretariat. They were then placed in a folder that appears to have been returned to a different cabinet.
“Should the documents be located, PCO will inform your office,” he wrote.
As the PCO had still not confirmed the status of the documents, Maynard asked Privy Council clerk Ian Shugart in a Dec. 30, 2019, letter to provide any existing records by Jan. 20.
“I also urged the clerk to ensure that PCO take the necessary steps to guarantee that all records relevant to ongoing (Access to Information) complaints are properly stored,” says Maynard’s letter to The Canadian Press.
The Privy Council Office’s assistant deputy minister replied to Maynard last month that the records could not be found and called the matter “an isolated incident.”
Since the incident, the PCO “has committed to ensuring a more rigorous approach” is taken with such requests, said Pierre-Alain Bujold, a Privy Council Office spokesman.
The PCO says it now directs officials to make copies of sensitive documents, ensure the request number is prominently displayed, and place the file in a centralized vault for safekeeping and future reference.
Natalie Bartlett, a spokeswoman for Maynard, declined to comment, saying the access law doesn’t allow the office to discuss an investigation unless and until it is published in a report.
In her letter to The Canadian Press, Maynard, who became commissioner in March 2018, apologized for the delay in investigating the complaint.
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“Your complaint has brought to the fore both the importance of institutions’ proper identification and preservation of responsive records, as well as the importance of conducting timely investigations.”
Maynard said that upon her appointment she instituted measures to ensure older complaints “continue to be actively pursued and that files do not remain unassigned for lengthy periods of time.”
She added that in this case, without the records, “I cannot effectively assess whether PCO was justified in refusing access, in whole or in part, under the act, nor can I prospectively recommend that information, incapable of being located, be disclosed.”
© 2020 The Canadian Press
Where trapping is still a way of life, Quebec lithium projects spark fears for future
NEMASKA, QUE. — As Freddy Jolly’s pickup truck travels the dusty roads through the spruce forests outside Nemaska, Que., the one radio station fades in and out, and Jolly fills the gaps between country ballads with conversation.
“There are fewer moose than before due to logging,” Jolly says as he scans the horizon.
This is Eeyou Istchee in northern Quebec, the traditional land of the James Bay Cree, with a surface area equivalent to two-thirds of France. The 65-year-old Cree hunter and trapper knows the land well and has agreed to take a visitor to see sites where lithium mines are under construction.
Inside the pickup truck’s cab lie two rifles, one for small game and one for big game.
If he were to encounter a moose, Jolly would shoot it and share the meat with his community members, in keeping with tradition. He explains that in the fall, in the Eeyou Istchee, every family has moose meat in their freezer. Hunting is a source of food but it also helps maintain the cultural and spiritual values of the Cree Nation.
His parents and grandparents sold furs to the Hudson’s Bay Company, and he sells them to a company in North Bay, Ont., but he fears that this way of life, which many Cree still depend on, will be disrupted by the rush for the new “white gold” — lithium.
Companies planning to develop mines in the region believe it contains some of the world’s largest deposits of spodumene, a lithium-rich mineral.
“There are more and more mining claims. I see more and more people from the south exploring and drilling on traditional hunting areas, and soon, many roads will be built for lithium mines,” Jolly says.
In order to develop mines for lithium and other critical minerals needed for the electrification of transportation, the Grand Council of the Crees and the Quebec government are planning to build hundreds of kilometres of new roads and power lines, a railroad, and a deepwater port in the Eeyou Istchee.
Jolly’s truck stops at kilometre 58 on the EM-1 road on the territory of the Cree community of Eastmain, north of Nemaska.
This is where Critical Elements Corp. plans to empty two lakes after harvesting the fish and donating them to the community. This will allow the development of an open pit lithium and tantalum mine that could produce about 4,500 tonnes of ore per day for 17 years.
The mine will be built directly on the traditional hunting grounds of Ernie Moses, the tallyman or supervisor for the local trapline.
“I’m sad, but there’s not much I can do about this project,” Moses says in an interview near one of the lakes that will be drained.
For several generations, his family has trapped beavers in the lake. The area is home to an abundance of game, fish, and bird species at risk, according to the federal government’s environmental assessment.
Critical Elements Corp., says that in order to extract ore from the ground in this region, which holds “one of the highest purity spodumene deposits in the world,” it will be necessary to destroy wetlands and cut down a significant number of trees.
“What will be left of this land in 20 years?” wonders Moses, adding that when he looks at the lake in front of him, he sees “beavers, but the mine sees dollar signs.”
The trapper made an agreement with the promoter to help him inventory the beavers on the territory so they can be removed before the lake is eliminated, and either relocated or killed for their pelts.
The Eeyou Istchee is divided into 300 family traplines, each large enough to support an extended family. Every one of these traditional traplines is under the responsibility of a tallyman like Moses, who on this day has brought along two of his daughters and his son-in-law to teach them.
“It’s important to pass on this traditional way of life; when I walk on this land, I take the place of my ancestors, they know I’m here,” he said. “Whenever I’m on my trapline, I think about them, I’m filling in for them, and I want this to continue after me.”
Mining exploration projects for various types of metal have more than doubled in the last 15 years in the Eeyou Istchee, going from 174 in 2004 to nearly 400 in 2021. A few dozen kilometres down the road from the soon-to-disappear lakes lies the future site of the Nemaska Lithium mine, in which the Quebec government has invested tens of millions of dollars.
Nemaska Lithium plans to blast the spodumene rocks that contain the precious metal, and to do so, it too will have to eliminate a small lake and a creek, in addition to altering several bodies of water, according to a company progress report.
The mining company estimates there will be between 3,770 and 5,500 square metres of habitat loss for several fish species, but a report from the Impact Assessment Agency of Canada concludes the “anticipated negative residual effects on fish and fish habitat” are much greater — 54,600 square metres of fish habitat.
Louis-Martin Leclerc, a spokesman for the mine, said Nemaska Lithium is working on updating a compensation plan for the loss of fish habitat.
According to the company, 10 species of mammals considered threatened, vulnerable or at risk, including the wolverine and the woodland caribou, can be found in the project’s study area. Nemaska Lithium recognizes that a vast number of activities, during both the construction and operation phases of the mine, will impact wildlife.
However, Leclerc adds that there is no compensation plan for the loss of these mammals’ habitat because, according to its inventories, none of them have been observed on the actual site of the mine.
One of Jolly’s biggest concerns is that a chemical spill or mine tailings will contaminate other bodies of water. The mine site is located in the watershed of the Rupert River, one of the largest rivers in Quebec, which has always been an important source of food for the Cree.
“It would be catastrophic,” the trapper says with a sigh, adding that lithium mining is dividing his community.
Benoît Plante, a water quality expert, led a research project on the site of the future Nemaska mine.
“Zero risk does not exist,” said Plante, a professor at the Université du Québec en Abitibi-Témiscamingue. “There are risks of dust, physical stability and water contamination, but we have some of the best legislation, which can minimize these risks and make sure they are acceptable.”
Both the Nemaska Lithium and Critical Elements projects have received approval from federal and provincial authorities as well as Cree band councils in the region.
In Eastmain, band Chief Kenneth Cheezo supports the mining development.
“This is new for us, it’s the first time that a mine will open on this territory,” he said in an interview.
“The company has come into the community, into our schools, to talk to young people about the jobs that will be created, and we’re not just talking about low-level employees; there are job opportunities in engineering, human resources, and several management positions.”
The high school graduation rate has increased recently in Eastmain, and he believes this may be due to the eventual opening of the mine and the jobs that will be offered.
“I like to think that the success of our students over the past few years can be explained, perhaps in part, by the fact that they know, at the end of their studies, that something, a reward, may await them,” he said.
The companies have committed to providing job training in the Cree communities. Furthermore, the communities will receive undisclosed amounts of financial compensation for hosting the mines.
Cheezo says he is confident, based on meetings with Critical Elements Corp. representatives, that the extraction will be done in a way that minimizes environmental impacts.
However, he admits that finding the right balance between the traditional way of life, environmental protection and economic development is a perilous exercise.
“It’s very difficult, because the land is so sacred to us, so it’s painful to give a piece of it, even if it’s just a piece of rock.”
This report by The Canadian Press was first published Feb. 6, 2023.
Stéphane Blais received the support of the Michener Foundation, which awarded him a Michener–Deacon Investigative Journalism fellowship in 2022 to report on the impact of lithium extraction in northern Quebec.
Stéphane Blais, The Canadian Press
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