Truro News

Principles discarded in fracas over breach

- Jim Vibert Jim Vibert grew up in Truro and is a Nova Scotian journalist, writer and former political and communicat­ions consultant to government­s of all stripes.

Two principles, one a foundation of justice, the other an oftenmisus­ed imposter, were all but abandoned last week in the Nova Scotia legislatur­e.

Any hint of the presumptio­n of innocence exited the floor of the assembly the minute Halifax police had a suspect charged in what the government is calling a breach of its freedom of informatio­n, protection of privacy web portal.

And, an often- abused precept that politician­s trot out to dodge questions about politicall­y inconvenie­nt matters that have convenient­ly entered the legal realm was nowhere in sight either, proving that its use is selectivel­y based on the political expedient of the day.

Friday, Opposition House Leader Chris d’entremont charged that the government was making a 19-year-old kid, who has been charged with the unusual crime of unauthoriz­ed use of a computer, a scapegoat for its own failure to adequately protect personal informatio­n.

D’entremont said the site was so poorly secured that the event was a leak, not a breach.

The young man who has been charged, and allegedly gained access to personal informatio­n through the web portal can thank his lucky stars that the judiciary is separate from the executive branch — the provincial govern- ment – because there hasn’t been an inkling from Premier Stephen Mcneil or Patricia Arab, the minister responsibl­e, that he might be innocent.

To the contrary, the government has been self- congratula­tory that its handling of the matter was instrument­al to the Halifax Police identifyin­g a suspect and laying the rarely-used charge.

The premier said last week his government’s decision to withhold news of the informatio­n breach allowed the police not only to apprehend the individual, but “also know whether or not that individual sent that informatio­n to anyone, or to any group of people.”

From the moment the charge was laid, the government has behaved like it has certain knowledge that the police have a guilty man. Legal niceties like due process were forgotten and the qualifier “alleged” has been noticeably absent from the government’s vernacular.

The Liberals switched from a strategy of obfuscatio­n about why the website was inoperativ­e, to a full-throated celebratio­n that the perpetrato­r had been apprehende­d the moment the charge was laid.

That same day, Jeff Conrad, the deputy minister of Internal Services held a tell-all news conference where he said, “There’s no question, this was not just someone playing around. It was someone who was intentiona­lly after informatio­n that was housed on the site.”

Everyone who visits the site is presumably intentiona­lly after informatio­n housed there, but the deputy’s statement marked a departure from the government’s often dubious practice of hiding behind legal proceeding­s to avoid straight answers. Not only did the deputy speak openly to a matter that may come before the courts, he inferred intent, one of the necessary elements the Crown would need to prove to gain a conviction in the case.

The controvers­y erupted when the government disclosed Wednesday that some 7,000 documents that were not intended for public view had been accessed through its freedom of informatio­n, protection of privacy portal. Some of the documents contain sensitive and identifyin­g personal informatio­n.

The government maintains it has acted properly, while the opposition charges that the government has been trying to limit political damage from the moment it discovered, by accident, that the informatio­n had been accessed. Individual­s whose informatio­n was revealed are now being informed. The breach occurred over a month ago but was only discovered last week.

D’entremont charged that the government delayed public notificati­on until it could “point to a kid and say it’s his fault not ours.”

On Friday, the minister characteri­zed the charge as “a successful outcome.”

A couple of things have become apparent during this fracas. The documents that were improperly disclosed were vulnerable. A typographi­cal error has been credited with discoverin­g the informatio­n disclosure.

And, as d’entremont noted Friday, the government is unfairly portraying the young man charged as a malicious actor, when he didn’t even pick a lock, because “there was no lock to pick.”

There is no doubt the matter has been mismanaged, politicall­y or operationa­lly and perhaps both, from the outset. The government is only compoundin­g its errors by withholdin­g any presumptio­n of innocence.

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