Investigation of a complaint regarding the revocation of a security clearance by the Chief of the Defence Staff

Background 

The complainant was a regular force soldier who held a Top-Secret security clearance. The results of the complainant’s polygraph examination, although not exclusively relied on, were the primary influence in the security assessments of the complainant prepared by CSIS and the DND Departmental Security Officer. As a result of those assessments, the Chief of the Defence Staff (CDS) revoked the complainant’s security clearance. The complainant filed a complaint with NSIRA against the CDS over the revocation of the security clearance. 

Investigation 

During the Investigation, NSIRA heard from government witnesses from DND and CSIS about the polygraph examination, the investigation into the complainant, and the process leading to the revocation of the complainant’s security clearance. In addition to the oral evidence, the government parties filed documents and made submissions. NSIRA also considered the oral evidence and written submissions provided by the complainant. 

NSIRA reviewed all of the evidence it received to determine whether there were reasonable grounds for the CDS to revoke the complainant’s security clearance and to ensure the accuracy of the information the CDS used to reach the decision to revoke. 

NSIRA found several deficiencies in the way the complainant’s polygraph was handled, reported and disseminated. In addition, NSIRA found that exculpatory facts were not contextualized nor placed before the CDS prior to the decision to revoke. 

Conclusion 

NSIRA found that the information the CDS relied on to make the decision to revoke was not accurate. As a result, the decision to revoke the clearance was not reasonable. 

NSIRA recommended that CSIS apologize to the complainant for the manner in which the polygraph was handled, reported and disseminated and that the CDS revisit the decision to revoke the complainant’s security clearance.