R. v. Delisle

R. v. Delisle

Given the statutory burden shift for offences under the Security of Information Act, the strength of the Crown's case supported by the accused's own statement and corroborating exhibits, the exceptional gravity and national-security consequences of the alleged disclosures, credible evidence of foreign-assistance creating a real risk of flight, and an inadequate release plan and supervision, the judge concluded detention was necessary under s.515(10)(a) and (c) and therefore remanded the accused on the Security of Information Act charges.

Citation
2012 NSPC 114
Parties
Crown: Her Majesty the Queen; Accused: Jeffrey Paul Delisle
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 March 2012
Procedural Posture
Criminal / Show Cause Hearing (judicial Interim Release)
Outcome
Accused remanded on the two charges under s.16(1) of the Security of Information Act; detention ordered on primary and tertiary grounds; release on the Criminal Code count left moot
Legal Topics
Bail/detention, Espionage, Breach of Trust, Publication Ban, Tertiary Ground (confidence in Administration of Justice), Flight Risk
Source Language
English
Criminal Law National Security Law Public International Relations Bail/detention Espionage Breach of Trust Publication Ban Tertiary Ground (confidence in Administration of Justice) +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Jeffrey Paul Delisle

Accused

Procedural Posture

Criminal / Show Cause Hearing (judicial Interim Release)

Legal Issues

  1. 1 Whether detention is necessary on the primary ground (ensure attendance) under s.515(10)(a)
  2. 2 Whether detention is necessary on the secondary ground (public safety) under s.515(10)(b)
  3. 3 Whether detention is necessary on the tertiary ground (maintain confidence in administration of justice) under s.515(10)(c)

Ratio Decidendi

Given the statutory burden shift for offences under the Security of Information Act, the strength of the Crown's case supported by the accused's own statement and corroborating exhibits, the exceptional gravity and national-security consequences of the alleged disclosures, credible evidence of foreign-assistance creating a real risk of flight, and an inadequate release plan and supervision, the judge concluded detention was necessary under s.515(10)(a) and (c) and therefore remanded the accused on the Security of Information Act charges.

Court Disposition

Accused remanded on the two charges under s.16(1) of the Security of Information Act; detention ordered on primary and tertiary grounds; release on the Criminal Code count left moot

Orders

  • Remand the accused on counts two and three (charges under s.16(1) Security of Information Act)
  • Publication ban ordered (made March 28, 2012)