Documents show that officials feared their campaign to strip a retired corporal of his access-to-information rights could backfire.
Defence department officials worried that experts, journalists and others who advocate for government transparency might try to help a veteran that military leaders were trying to strip of his right to request federal documents.
Department of National Defence records show that bureaucrats were particularly concerned the news media might find out about their efforts to remove the rights of retired corporal Daniel Abboud to ask for government information.
DND access-to-information officials applied twice in the fall of 2022 to have Abboud declared a “vexatious requester” after he filed a grievance linked to his military training and raised concerns about alleged sex assaults and other illegal acts in special forces units.
They claimed Abboud’s requests for documents under the Access to Information Act were aimed at intimidating the Canadian Special Operations Forces Command or CANSOFCOM.
But Information Commissioner Caroline Maynard rejected both of DND’s applications. She concluded that Abboud, a former member of Canadian special operations forces, did not abuse the federal system and that his requests for information were valid.
To make their case against Abboud, DND officials used the former soldier’s personal information without his permission. In addition, a CANSOFCOM team, working with the access branch, collected Abboud’s social media posts and monitored his online activities.
Among the posts were his comments about how military leaders don’t properly take care of their soldiers and concerns that commandos had engaged in alleged crimes.
Abboud, who served in the Canadian Forces for eight years, had already left the military when DND and CANSOFCOM took actions directed at him.
DND records show even though the department’s access to information staff were keen to strip Abboud of his right to government documents, they were concerned the plan could backfire.
“Such action will likely draw significant negative media attention,” Anne Bank, head of DND’s access-to-information branch, wrote in an Oct. 11, 2022 email. “Further, the requester might be encouraged to seek support from various ‘well known’ ATIP activists and experts, resulting in an ATI campaign.”
Bank was writing to Joanne Lostracco, DND’S Corporate Secretary. The documents were obtained by Abboud through the privacy law and shared with the Ottawa Citizen.
Bank also noted in an email that she alerted the department’s top media strategist to watch for signs journalists might have found out about DND’s efforts against Abboud.
Bank declined to comment to the Ottawa Citizen.
Maj.-Gen. Steve Hunter, head of CANSOFCOM did not respond to questions from the Ottawa Citizen.
DND spokesperson Andrée-Anne Poulin stated in an email that, “We do not comment on specific cases.”
But Ken Rubin, an access-to-information specialist who has pushed for government accountability for decades, said DND’s attitude is that those who seek government information are to be viewed as the enemy.
“They see people who are advocating for government transparency as troublemakers,” Rubin said. “No one is ever held to account at DND.”
Bank also raised concerns in the internal documents that the efforts aimed at Abboud could harm the reputation of the Canadian Forces and the department as being “open and transparent.”
Rubin, however, said that is laughable. He noted that DND has one of the worst reputations in government for transparency and staff there openly ignore access-to-information requests with impunity.
The problem has become so bad that the House of Commons Committee on National Defence launched hearings into the lack of openness and transparency earlier this year.
MPs on the committee heard that DND violates the law in almost 40 per cent of requests it receives under the Access to Information Act.
The Hill Times, however, recently reported that DND’s compliance with the law is continuing to get even worse.
Information Commissioner Maynard testified Feb. 21 before the House of Commons defence committee that she was taking the department to court in two cases to try to force the release of records. Maynard also acknowledged military officers and department officials faced few real consequences for ignoring the law, which is supposed to provide for public access to federal records.
The Canadian Forces and DND have long histories of incidents involving the destruction of records and the withholding of documents.
In December 2018, a military officer at the civilian trial of Vice Adm. Mark Norman testified the Canadian Forces leadership circumvented the Access to Information Act to hide records even though those had been legally requested. No officers were disciplined following that incident.
In March 2024, retired Maj. Gen. Dany Fortin warned that the senior leaders in the Canadian military and at DND were violating the law by withholding records. He stated they should be held to account for their actions.
The commons committee has also heard the department continues to withhold a wide range of records, including documents on shipbuilding and fighter jets as well as files needed by military sexual assault survivors for legal purposes.
In addition, some former soldiers have complained they face uphill battles to get the military to release documents needed for medical benefits claims.
David Pugliese is an award-winning journalist covering Canadian Forces and military issues in Canada. To support his work, including exclusive content for subscribers only, sign up here: ottawacitizen.com/subscribe
