Canadian military intelligence member charged with espionage, says DND

A non-commissioned member of the Canadian military intelligence branch has been charged with passing classified information to a “foreign entity,” the Department of National Defence revealed late Thursday.

Master Warrant Officer Matthew Robar was arrested Wednesday by military police and faces eight charges under the National Defence Act.

He’s accused of — among other things — communicating “special operational information” and breach of trust, according to a statement issued by the Defence Department.

The arrest is the result of a joint investigation between the military’s National Investigation Service and the RCMP’s national security enforcement team.

The statement does not name the foreign entity and the Defence Department refused to elaborate.

Robar being held in custody, DND says

According to military police, the investigation into Robar began in 2024 following the alleged unauthorized disclosure of information to a foreign individual or group.

The military’s intelligence branch, the Canadian Forces Intelligence Command, co-operated fully with investigators, the department said.

In a statement, late Thursday night, the Defence Department confirmed Robar is being held in custody. However, a spokesperson refused to say when he’ll appear before a military judge.

“To protect the integrity of the future judicial process and the sensitivities surrounding the investigation into matters concerning national security, no further information will be provided on the details of the investigation,” Capt. Suzanne Doe said in a statement sent via email.

The Defence Department has also refused to confirm where he was based — or precisely what his job was within military intelligence.

Potential trial would be via court martial

The head of military police praised the co-operation that took place during the investigation.

“The protection of national security relies on collaboration and precision,” said. Brig.-Gen. Vanessa Hanrahan, the Canadian Forces Provost Marshal. “The success of this operation demonstrates the strength of joint policing efforts and what can be achieved when agencies and organizations work together toward a common goal.”

The fact that Robar was charged under military law is significant. It means, should there be a trial, it would take place via court martial.

A military law expert said the laying of charges under the National Defence Act means the military will have tighter control over the information that’s released to the public.

“Because it’s national security, it’s gonna receive the highest classification,” said retired colonel Michel Drapeau. “They’re gonna keep all information, most of the information at the very least, confidential and on the wraps.”

Lessons learned from Delisle case

It’s not the first time a member of the military’s intelligence community has been charged with spying.

In 2012, former sub-lieutenant Jeffrey Paul Delisle pleaded guilty to selling information to the Russians. He was also charged with breaching trust and communicating safeguarded information to a foreign entity.

One of the biggest features of that case was the concern in the national security community about what evidence could — and could not — be presented in open court.

The military was, at the time in 2012, privately furious with the Conservative government of the day — led by Prime Minister Stephen Harper — for not allowing Delisle to be tried under the military justice system.

A declassified assessment of the damage wrought by the Delisle spy scandal was released in 2013 and obtained by The Canadian Press.

“All senior government authorities involved in security and intelligence matters should be made aware of the alternatives available to pursue suspects subject to the Code of Service discipline, so that automatic defaults to mechanisms more applicable to civilians do not occur,” said the military assessment.

“Little or no discussion concerning the advantages of employing the military police to lead the criminal investigation, the (Canadian Forces National Counter-Intelligence Unit) to lead the counter-intelligence investigation and laying the charges under the Military Justice Systems appears to have occurred and/or fully informed decisions made with regard to the way ahead.”

Drapeau said military justice and intelligence officials seem to have learned their lesson from that case and chosen a potentially more secretive route.

He also wondered whether military lawyers — both prosecution and defence — have enough experience to handle a national security case.

While they likely have security clearance, Drapeau said the expertise within the federal government for trying security information cases resides in Public Prosecution Service of Canada (PPSC).