CSIS terminated Palmer’s employment in July 2003. The Federal Court dismissed Palmer’s application for the judicial review in April 2013.
“The conduct and discipline measures against me and my dismissal involved my concern over the undermining of operations, violations of policies and the actual criminal negligence, such as allowing two Canadian residents to be targeted assassination in Canada by a Foreign Intelligence Service and associated CSIS target (sic),” wrote Palmer, in the Nov. 15, 2006, letter.
Palmer did not say where or when he believed this alleged targeted assassination occurred.
There is no response to this particular allegation from Justice Canada or CSIS in the public Federal Court record.
The special CSIS warrant power was first granted in 2009, when two Canadian terrorism suspects were hopping borders and thwarting wiretaps. Because surveillance laws stopped at the border, CSIS asked Judge Mosley to preside over a marriage between itself and a “foreign-intelligence” Canadian agency, so that authorities could better eavesdrop on these individuals.
Intelligence agencies kept tabs on the two suspects for a year; it is not clear what happened to the suspects. Details are classified.
This week it was revealed that a Federal Court judge has ruled CSIS “breached its duty of candour” in enlisting CSEC for one such case. The issue appears to be that the court was not told that CSEC’s Five Eyes allies would be brought in on the case, an international terrorism investigation focusing on two Canadian suspects. The surveillance on them lasted for a year. It’s not clear what happened to the tandem.
In a key 2013 ruling, Federal Court Justice Richard Mosley criticized CSIS over a request for warrants to track two Canadians with technical help from the Communications Security Establishment, Canada’s electronic spy agency. Mosley said CSIS breached its duty of candour by failing to disclose that CSE’s foreign counterparts in the Five Eyes intelligence network — the United States, Britain, Australia and New Zealand — could be called upon to help. He also warned that CSIS and CSE were incurring the risk that Canadian targets “may be detained or otherwise harmed” as a result of the use of the intercepted communications by foreign agencies.
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