Topic: Bedford man faces espionage charges

[Scott]

Shared with the usual caveats:

Bedford man faces espionage charges

January 16, 2012 - 2:05pm BY STEVE BRUCE COURT REPORTER

A member of the Canadian Armed Forces is in custody on charges of passing secret government information to a foreign entity.

Jeffrey Paul Delisle, 40, of Bedford was arrested Saturday and charged with a Criminal Code offence of breach of trust by a public officer.

By the time the Lewis Drive resident appeared before a judge in Halifax provincial court Monday, two new charges under the federal Security of Information Act had been added.

The Crown was opposed to Delisle's release. He was remanded to the Central Nova Scotia Correctional Facility in Dartmouth until Tuesday, when a bail hearing is scheduled.

According to court documents sworn Monday by an RCMP officer from Montreal, investigators allege that between July 6, 2007, and Jan. 13, 2012, Delisle committed a breach of trust and communicated “to a foreign entity information that the Government of Canada is taking measures to safeguard.”

Those offences are alleged to have been committed in Ottawa, Kingston, Ont., Halifax and Bedford.

The RCMP officer also alleges that between Jan. 10 and Jan. 13 of this year in Halifax and Bedford, Delisle attempted to communicate secret information to a foreign entity.

The security act charges carry a maximum penalty of life in prison. The maximum punishment for breach of trust by a public officer is five years.

(sbruce@herald.ca)

http://thechronicleherald.ca/novascotia/52663-bedford-man-faces-espionage-charges

[milnews.ca]

It'll be interesting to find out the "foreign power" in question.

[jollyjacktar]

   This will get interesting down the road I'll wager.

[Eye In The Sky]

  

[Scott]

This is the latest update to the article:

Bedford man faces espionage charges

January 16, 2012 - 2:05pm BY STEVE BRUCE COURT REPORTER AND EVA HOARE STAFF REPORTER

A member of the Canadian Armed Forces is in custody on charges of passing secret government information to a foreign entity.

Jeffrey Paul Delisle, 40, of Bedford was arrested Saturday and charged with a Criminal Code offence of breach of trust. He is reportedly a member of the navy.

By the time the Lewis Drive resident appeared before a judge in Halifax provincial court Monday, two new charges under the federal Security of Information Act had been added.

The Crown was opposed to Delisle's release. He was remanded to the Central Nova Scotia Correctional Facility in Dartmouth until Tuesday, when a bail hearing is scheduled.

According to court documents sworn Monday by an RCMP officer from Montreal, investigators allege that between July 6, 2007, and Jan. 13, 2012, Delisle committed a breach of trust and communicated “to a foreign entity information that the Government of Canada is taking measures to safeguard.”

Those offences are alleged to have been committed in Ottawa, Kingston, Ont., Halifax and Bedford.

The RCMP officer also alleges that between Jan. 10 and Jan. 13 of this year in Halifax and Bedford, Delisle attempted to communicate secret information to a foreign entity.

The Department of National Defence was mum on the case when contacted Monday, saying all calls were to be directed to the RCMP.

“They’ve asked us to cede to them,” said a spokesman in Ottawa.

By early afternoon, the RCMP had yet to respond.

According to the Security of Information Act which Delisle is alleged to have breached, a “foreign entity” could mean a foreign power, a “group or association of foreign powers,” or “one or more foreign powers and one or more terrorist groups.”

The Criminal Code also defines foreign entity as a “person acting at the direction of, for the benefit of or in association with a foreign power or a group or association.”

And a foreign power could be recognized as a state that exercises as a government acting on behalf of a territory outside Canada, regardless of whether “Canada acts as a state or authority” over that entity, the Act states.

Or, it could even mean a “political faction” operating inside a state, it states.

The security act charges carry a maximum penalty of life in prison. The maximum punishment for breach of trust by a public officer is five years.

The act outlays a host of dangers to the country, ranging from everything to damaging property, threatening the safety or “capability” of Canada’s Armed Forces, or involves the theft or interference of designs of structures for the military, including software.

It also includes threatening diplomatic relations or negotiations, or doing anything that could cause death by toxins, explosions, radiation or radioactivity, the act says.

According to property records, Delisle reportedly lives in a home appraised at $240,000, with a mortgage owned by a woman, not himself. Calls to the Lewis Drive residence were not answered Monday.

The first mortgage was taken out in 2005 and lists a bank in Ontario, while the second mortgage is listed as having been recorded at a bank in Lower Sackville, property records state.

(sbruce@herald.ca)

(ehoare@herald.ca)

Same link.

[Macey]

Disgusting.. that is all I can or shall say.

Regards,
TN

[ArmyVern]

frig. My mom just called me to see if I heard about his arrest yet. I am in shock.

[dogger1936]

If found guilty I'll be very interested in the punishment and where he will serve said punishment.

Up to Life for espionage; this will be interesting.

[Journeyman]

If found guilty I'll be very interested in the punishment and where he will serve said punishment.

Up to Life for espionage; this will be interesting.

According to the current Globe & Mail version, the RCMP is saying that the SLt Int O's actions resulted in "no evidence of a threat to Canada -- no threat to public safety," at this time.

While his actions may be despicable, I doubt if he'll serve anywhere near a life sentence.

[Retired AF Guy]

This is going to get very interesting, to say the least! Especially the fact that he was an intelligence officer. It will also be interesting to see if there will be a publication ban on the allegations.

Two comments; as always, everyone is innocent until proven guilty, and that the SIA is pretty all encompassing and just about anyone could be caught up in it.

[jollyjacktar]

Possibly not too much Int in this O.   

[cheeky_monkey]

Edit: That info doesn't belong here.

[kstart]

From CBC:
http://www.cbc.ca/news/canada/nova-scotia/story/2012/01/16/ns-security-charges-halifax.html?cmp=rss

Link: Provincial Court Document
http://www.scribd.com/fullscreen/78445103

. . . charged with S.122 of the Criminal Code of Canada. . .
and S. 16 (1) of the Security of Information Act

(Link to Legislation: http://laws-lois.justice.gc.ca/eng/acts/O-5/page-8.html)

I am curious as well as to the definitions of "foreign entity or terrorist group", since there is room within the act for fluctuating definitions. . . and whether we will know that specifically or would it be protected by the Privacy Acts, and other less-tested legislation. . .?

Could it be serious, vs. the case of a senior member within the Government of Canada and the journalist from China, no charges were pursued despite potential appearance of potential conflicts of interests (re: economic intel or whatever).  Are the standards similar for military personelle as they are for higher ups within our civilian government?  Curious to know what are the boundaries aside from the more obvious ones?  Where does one go to get current definitions of "foreign enitity or terrorist group"?  The Patriot Act stateside, had "Food not Bombs" at one time listed as a "terrorist group" (I recall, I'd need to search for that article to confirm).

[jollyjacktar]

Reading this I could not help but have "The Game of Thrones" theme music come unbidden to my head.

[Eye In The Sky]

He worked at Trinity.  When the story broke, it hadn't id'd his rank or unit, but we went to the GAL and figured it out PDQ.  It was only a matter of time before they got his rank/unit, which CBC now has.

Interesting conversations in the Wardroom tonight no doubt.

[Retired AF Guy]

According to the SIA here is the definition of a "foreign entity:"

“foreign entity” means

(a) a foreign power,

(b) a group or association of foreign powers, or of one or more foreign powers and one or more terrorist groups, or

(c) a person acting at the direction of, for the benefit of or in association with a foreign power or a group or association referred to in paragraph (b);

“foreign power”

“foreign power” means

(a) the government of a foreign state,

(b) an entity exercising or purporting to exercise the functions of a government in relation to a territory outside Canada regardless of whether Canada recognizes the territory as a state or the authority of that entity over the territory, or

(c) a political faction or party operating within a foreign state whose stated purpose is to assume the role of government of a foreign state;

“foreign state”

“foreign state” means

(a) a state other than Canada,

(b) a province, state or other political subdivision of a state other than Canada, or

(c) a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a state other than Canada;

The Section 83, of the Criminal Code of Canada defines a terrorist activity and terrorist group.

[cupper]

So I guess the Criminal Code definition of Foreign Power rules out a Wiki-Leaks situation then.

[Snakedoc]

wow...he was apparently a reservist before transferring reg too.  The Navy Int community is not that big, I'm sure I'll be hearing about this in the wardroom too..

[recceguy]

wow...he was apparently a reservist before transferring reg too.  The Navy Int community is not that big, I'm sure I'll be hearing about this in the wardroom..

He worked at Trinity.  When the story broke, it hadn't id'd his rank or unit, but we went to the GAL and figured it out PDQ.  It was only a matter of time before they got his rank/unit, which CBC now has.

Interesting conversations in the Wardroom tonight no doubt.

........and what happens in the Mess, stays in the Mess.

Everyone remember. He has his day in court to be tried, and has the right to do that unencumbered without personal tidbits or second hand info and rumour mucking it up.

We won't be trying him here in a court of public opinion, heresay or barrack room justice.

There will be plenty of time to discuss things after the judge renders his decision. Let's all remember that.

Milnet.ca Staff

[milnews.ca]

Everyone remember. He has his day in court to be tried, and has the right to do that unencumbered without personal tidbits or second hand info and rumour mucking it up.

We won't be trying him here in a court of public opinion, heresay or barrack room justice.

There will be plenty of time to discuss things after the judge renders his decision. Let's all remember that.

Milnet.ca Staff

A statement from the RCMP's Commissioner on the arrest:

The RCMP has charged a Canadian Forces employee in Halifax, Nova Scotia with offences under the Criminal Code and the Security of Information Act - including breach of trust and communicating safeguarded information to a foreign entity without lawful authority.

This is the first time that an individual has been charged under section 16. (1)  of the Security of Information Act.

As this case is before the Court and because this investigation is ongoing, there is little detail that the RCMP can disclose at this time and it will not provide further comment on it.

Notwithstanding the seriousness of these charges, the RCMP is not aware of any threat to public safety at this time from this situation

This investigation demonstrates that Canada is not immune to threats posed by foreign entities wishing to undermine Canadian sovereignty.

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.

The RCMP has received excellent collaboration from its domestic law enforcement, security and defence partners, specifically the Canadian Security Intelligence Service, the Canadian Forces and the Canada Border Services Agency.

Through their dedication and commitment, the men and women of the RCMP who worked diligently on this investigation, have made a difference in the safety and security of Canadians and the protection of our nation's sovereignty.

Bob Paulson

Statements from the CF as of this post?
 

[Retired AF Guy]

So I guess the Criminal Code definition of Foreign Power rules out a Wiki-Leaks situation then.

The definition I posted was from the Security Information Act, not the CCC; sorry for the confusion. However, you have a good point, if it was a wiki-leaks scenario, then he would have been charged under a different section of the SIA (Section 4, I think??).

[Strike]

Statements from the CF as of this post?
 

In a case where the CF is not the lead it will usually take a couple of days to put out a statement that contains more than stating that media should talk to the lead agency.

[Snakedoc]

........and what happens in the Mess, stays in the Mess.

Everyone remember. He has his day in court to be tried, and has the right to do that unencumbered without personal tidbits or second hand info and rumour mucking it up.

We won't be trying him here in a court of public opinion, heresay or barrack room justice.

There will be plenty of time to discuss things after the judge renders his decision. Let's all remember that.

Milnet.ca Staff

Oh agreed wholeheartedly

[Nemo888]

The story I read suggests he sent his information electonically. Didn't he learn anything in INT  school? I suspect it is just some reporters embellishment.

[Eye In The Sky]

Oh agreed wholeheartedly

And I'll second that.  For the record, I didn't post the mbr's rank/unit prior to it be being released.  You won't see any "what if's" from me.