Canadian Lawyer

Crown to prove a fairly high threshold of knowledge in the accused about the harm he would do. Given how vague the ���harm��� evidence was in this case already, you can see why they didn���t want to use that,��� says Robert Currie, an associate professor at the Schulich School of Law in Halifax. The Security of Information Act found its way into the Canadian law books post-Sept. 11, 2001, when the federal government determined it needed a more modern way to legally address threats to national security including espionage and terrorism. The new law replaced the Official Secrets Act of 1981 and is part of the Canadian Anti-Terrorism Act, which officially became law in December 2001. Despite its relative legal longevity, Delisle���s case was the first to put the law to work in a case of espionage. Curran was sitting alone on the bench for this one. There was no direct precedent to turn to, so he created his own. ���This decision on sentencing definitely establishes an important precedent,��� says Taylor. ���It will likely act as somewhat of a benchmark for offences of this type if it is not overturned, should there be an appeal.��� Currie points out the sentence makes it quite clear how the courts will view military personnel who deign to dine with the enemy. ���The sentencing decision certainly does, insofar as the precedent has now been set, [make it clear] that breaches of this act are going to be considered serious offences by the courts. The threshold for whatever the minimum sentence might be under this act is, at the moment, quite high.��� Interestingly perhaps, the sentence is not as stiff as it could have been. The Security of Information Act allows for life imprisonment, which was not requested in this case. The Crown wanted, and got, 20 years for the passing of information charges (a request for another five years on the breach of trust charge did not succeed). Taylor asked for a maximum of nine years in large part because he pushed to show the Crown could not demonstrate the harm actually caused by Delisle���s betrayal. The request for a 20-year sentence was more than a reflection of the seriousness of the crime, Currie believes. ���The stiffness of the sentence may have a deterrent effect, and that���s clearly what the Crown was going for,��� he says. Currie also contends the Crown���s success is hinged in no small way on the fact Delisle pleaded guilty to the charges. There���s unlikely to be another legal drama of this nature for some time, if ever. First, they���re rare to begin with. Second, the armed forces is taking the breach to heart. ���The Defence Department has beefed up its security requirements now, so even if there was someone who was similarly inclined, it���s likely to be harder for them even to begin this kind of activity,��� notes Currie. Regardless of what happens tomorrow, Curran made it clear he was sending an important message to Delisle and to all Canadians. ���You are going to have to make this right, sir, with a substantial period of time in custody, which is going to take a big chunk out of the rest of your life,��� he said in handing down his sentencing decision in February. ���That���s a sad thing to look on perhaps through a certain set of eyes, but a necessary one looked on through the eyes of the public of Canada.��� ��� donalee Moulton donalee@quantumcommunications.ca Williams first woman chief judge in N.S. P amela S. Williams is the first woman to be appointed chief judge of the Nova Scotia Provincial and Family Courts. She has been associate chief Judge of the Provincial Court since April 2011, most recently presiding in Dartmouth in the Mental Health Court in addition to her regular duties. ���The Provincial and Family Courts are a key part of the administration of justice in Nova Scotia,��� Justice Minister Ross Landry said in a news release. ���Judge Williams has the knowledge, the skills and the wisdom to be an exceptional chief judge and I congratulate her on her new role.��� The first female chief justice in Nova Scotia was Constance Glube, who was appointed chief justice of the Supreme Court of Nova Scotia in 1982 ��� the first female chief justice in Canada ��� and in 1998, she was appointed chief justice of the Nova Scotia Court of Appeal. Former chief judge Patrick Curran decided to step down when his most recent term as chief ended Jan. 31. He had been head of the Provincial Court since 2003 and chief of the Provincial and Family Courts since 2011. Williams first joined the bench as a judge on the two courts in September 2003 after working for 18 years as a staff lawyer and then a managing lawyer with Nova Scotia Legal Aid. She earned her bachelor���s degree at Saint Mary���s University, and then her law degree from Dalhousie University Law School in 1984. She was called to the Nova Scotia Bar in 1985. ��� Gail J. Cohen gail.cohen@thomsonreuters.com www.CANADIAN L a w ye r m a g . c o m April 2013 7

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