Canadian naval officer arrested, charged with espionage

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Canadian naval officer arrested, charged with espionage

A member of the Royal Canadian Navy has become the first person charged under the country’s post-9/11 secrets law for allegedly passing protected government information to an unknown foreign body.

Sub-Lt. Jeffrey Paul Delisle, 40, was charged Monday under the Security of Information Act, which came into effect in 2001. The navy intelligence officer is charged with communicating information that may “increase the capacity of a foreign entity or a terrorist group to harm Canadian interests.”

Before Monday, no one had ever been charged under the Security of Information Act, part of a sweeping package of anti-terrorism laws introduced in the wake of of the Sept. 11, 2001 terror attacks in the U.S.

“It’s completely unprecedented, post-9/11,” said Wesley Wark, a national security expert from the University of Toronto.

The secrets law updated the Official Secrets Act, a law that was rushed into force on the eve of the Second World War. The updated law also broadened the definition of secret information from “classified information” to cover anything the government wished to protect from any foreign organization, government or group.

If the government pursues the case, it faces the possibility of exposing publicly the very secrets it wanted to protect. Wark said he believes it is “extremely unlikely” a judge will allow the entire proceedings to take place in secret. “You have to talk about secrets in court. That can be very embarrassing,”he said. “That for me, at least, puts an interesting light on this case.”

According to court documents, between July 6, 2007 and Friday, Jan. 13, 2012, Delisle is alleged to have communicated “to a foreign entity information that the Government of Canada is taking measures to safeguard.”

An RCMP constable from Montreal swore in a court document that the communications allegedly took place near Ottawa, Halifax, Bedford, N.S., and Kingston, Ont.

None of the allegations have been tested in court.

What type of information was allegedly passed along — and the name of the nation which is alleged to have received it — have not been revealed. The RCMP, which headed the investigation, as well as federal prosecutors remained mum Monday on the basis for the allegations. “Notwithstanding the seriousness of these charges, the RCMP is not aware of any threat to public safety at this time from this situation,” RCMP Commissioner Bob Paulson said in a statement Monday.

“This investigation demonstrates that Canada is not immune to threats posed by foreign entities wishing to undermine Canadian sovereignty,” he said. “We must be ever vigilant to the real threat of foreign espionage, and continue investing time and resources into the prevention, detection, investigation and prosecution of such acts.”

Delisle’s neighbours said Monday they were stunned to see police vehicles on Friday outside his white, two-storey home with a porch and small yard. Delisle, his wife and three children — a teenaged daughter and two younger boys — moved in about two to three years ago and seemed like a typical family, neighbours said. “They basically seemed like everyone else. They mowed the lawn, shovelled the snow. Everybody is dumbfounded,” said neighbour Gwen Machlachlan.

Neighbours recalled seeing Delisle going to and from his house in a military uniform. When he was off work, he would sometimes throw a football outside with his sons.

Other than a hand wave or the occasional chitchat, the family pretty much stayed to themselves, neighbours said.

“I couldn’t believe it,” Roger Gingras said, recalling his reaction to the charges. “It’s not the normal thing. It could be dangerous.”

Delisle was arrested Saturday and charged with one count of breach of trust under a section of the Criminal Code relating to public officials, a charge that carries a maximum five-year prison sentence. By the time Delisle appeared in a Halifax court Monday, he had two new charges against him:communication of safeguarded information and attempting to communicate safeguarded information. Those charges carry the possibility of a life sentence.

Delisle was remanded into custody on Monday and will appear in court Tuesday.

No one answered the phone at the Delisle home Monday afternoon.

Jeffrey Paul Delisle arrested, charged with espionage | News | National Post


MacKay won’t confirm or deny Russian role in espionage case

Defence Minister Peter MacKay sought to play down fallout from Canada’s new spy scandal, saying this country's allies are unfazed by revelations a soldier has been charged with passing secrets.

“Let me assure you our allies have full confidence in Canada,” the minister told reporters in Ottawa.

He refused to confirm or deny news reports that Russia was the recipient of sensitive Canadian government information. “I am not going to play Clue,” he said.

Separately Tuesday morning, the navy intelligence officer accused of spying in the case stayed behind bars, his appearance in a civilian court in Halifax put over until next week.

Sub-Lieutenant Jeffrey Paul Delisle was to have a bail hearing but his lawyer asked that it be rescheduled. The suspect opted not to appear in court. “He doesn't want to come up,” defence lawyer Cameron MacKeen told the judge, seeking a delay.

Mr. MacKeen suggested setting aside three-quarters of a day for the hearing, which could be an indication of the complexity of the case, and Madam Justice Barbara Beach of Nova Scotia Provincial Court agreed to reserve all of Wednesday, Jan. 25.

The 40-year-old naval officer, whose unit is a nerve centre for information that is collected and then shared among allies including the United States, has been charged with breach of trust and passing on restricted information.

He is accused of passing government secrets to foreign interests over the span of four and a half years – working with the Russians, according to CTV – a case that threatens this country’s reputation among its closest allies.

A woman at Russia’s embassy in Ottawa said the embassy had no comment at this time on the Delisle story.

Prime Minister Stephen Harper also refused to discuss the scandal. “As this is a case that relates to national security and is before the courts I am not going to comment further,” he told a Quebec news conference.

The charge is the first ever laid under Canada’s rarely used Security of Information Act, passed after the Sept. 11, 2001, terrorist attacks. The offence carries a maximum penalty of life in prison.

Sources say that SLT. Delisle, 40, joined the reserves in 1996 and the regular forces in 2001. He worked in Halifax until 2005 and then transferred to the Chief of Defence Intelligence group in Ottawa in 2006. He spent 2007 at the Strategic Joint Staff offices, also in Ottawa, and then 2008 at the Royal Military College in Kingston. He later moved to the Canadian Forces Joint Headquarters, also in Kingston, before returning to Halifax in 2010.

Last Friday afternoon his career exploded as investigators descended on the home in a Halifax suburb he shared with his partner and three children. Neighbours said that authorities arrived in unmarked cars and spent hours photographing and searching the house. They carried out boxes and bags.

SLt. Delisle, who has been in custody since the weekend, attracted a horde of media to the Nova Scotia courthouse Tuesday. Mr. MacKeen told reporters on the way out that he asked for the delay because he had received disclosure just that morning. He would not say how his client would plead nor the extent of the disclosure package.

“All I can say is, one thing that I’ll... it’s the only comment I’m going to say, is people have to realize there’s a presumption of innocence in this country and that’s something that we’ll be looking at going forward,” he said.

Peter Chisholm, chief federal prosecutor in the Atlantic office of the Public Prosecution Service, was even more tightlipped. He explained to reporters the matter had been put over and then walked silently through a flurry of questions. He declined to answer whether the alleged behaviour of SLT. Delisle was tantamount to treason and hesitated before offering even his name.

As recently as last week, RCMP allege, the sailor tried to leak confidential government information. In court documents, the force alleges that, between Jan. 10 and Jan. 13, SLt. Delisle attempted “to communicate with a foreign entity information that the Government of Canada is taking measures to safeguard.”

The RCMP further allege that the alleged espionage took place over a 4½-year period, beginning on July 6, 2007 and including locations “at or near” Ottawa, Kingston, Halifax, Bedford “and elsewhere.”

The RCMP said the alleged offences have not placed Canada in danger.

“Notwithstanding the seriousness of these charges, the RCMP is not aware of any threat to public safety at this time from this situation,” Mountie Commissioner Bob Paulson said in a statement. He went on to add: “This investigation demonstrates that Canada is not immune to threats posed by foreign entities wishing to undermine Canadian sovereignty.”

MacKay won't confirm or deny Russian role in espionage case - The Globe and Mail
 

PoliticalNick

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Mar 8, 2011
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I have to wonder if we take such a dim view of spying and espionage then why do we do it to others all the time?

Seems to be kind of a pot/kettle issue. The guy is an intelligence officer who's job is to gather secret information on other countries. He obviously was doing his job but was just confused on who his boss was.
 

Goober

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Jan 23, 2009
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I would have expected he would face a court martial not civilian court. That way nothing can get out.

Not sure of the term - but the public will not be privy to the details. Courts Martial would not be appropriate. A civilian court with all the rights and protections of the Charter is more appropriate. The US does the same thing.
 

JLM

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Things are getting depressing. I'm beginning to think our biggest criminal element is among the "elite". :smile:
 

wulfie68

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I have to wonder if we take such a dim view of spying and espionage then why do we do it to others all the time?

Seems to be kind of a pot/kettle issue. The guy is an intelligence officer who's job is to gather secret information on other countries. He obviously was doing his job but was just confused on who his boss was.

Intelligence officer doesn't necessarilty mean spy: it can merely mean gathering, sorting and analyzing information from the public realm. If we don't conduct these activities for ourselves, it means we have to rely on someone else's interpretations and analysis (among other things) of the actions of those who potentially wish to do us harm or take advantage of us. Look at it this way: if a foreign navy is massing outside our waters, how do we know if they mean to attack us or are friendly to us and just conducting large scale search and rescue operations?

Not sure of the term - but the public will not be privy to the details. Courts Martial would not be appropriate. A civilian court with all the rights and protections of the Charter is more appropriate. The US does the same thing.

The US does it differently because the UCMJ is set up as a different system, in line with the seperate justice system in each state, whereas the Canadian military justice regulations are set up like an addendum to the Criminal Code. And yes the Official Secrets Act and other legislation can come into effect in the court room and limit what the public has access to.
 

Machjo

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I have to wonder if we take such a dim view of spying and espionage then why do we do it to others all the time?

Seems to be kind of a pot/kettle issue. The guy is an intelligence officer who's job is to gather secret information on other countries. He obviously was doing his job but was just confused on who his boss was.

I fully agree that espionage is a dishonourable job to begin with. But two wrongs still don't make a right.
 

darkbeaver

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Jan 26, 2006
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"unknown foreign body" the talk on the interweb is that unknown foreign body or unknown foreign power or unknown buyer or
unknown alien life form usually means the pox state of Israel. We mustn't upset our most wonderful friends, ever.
 

Machjo

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Intelligence officer doesn't necessarilty mean spy...

Good point.

And of course he is innocent until proven guilty.

"unknown foreign body" the talk on the interweb is that unknown foreign body or unknown foreign power or unknown buyer or
unknown alien life form usually means the pox state of Israel. We mustn't upset our most wonderful friends, ever.

Are you referring to Mosad using Canadian passports?
 

darkbeaver

the universe is electric
Jan 26, 2006
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Good point.

And of course he is innocent until proven guilty.



Are you referring to Mosad using Canadian passports?

Of course he may be found innocent. He may be found guilty. He may be found in his cell. He may be released or incarcerated for reasons of national security (I can't elaborate). Or he may have friends in dusty pox states. CBC radio wants us to blame Russia, haven't heard it today cuz someone got smart and shut down the country speculation with the blank space. Too late all eyes on dusty pox state.