Ottawa Citizen

The world is watching how Canada responds to Delisle case

- WESLEY WARK Wesley Wark is a visiting professor in the Graduate School of Public and Internatio­nal Affairs at the University of Ottawa and gave expert witness testimony at Jeffrey Paul Delisle’s sentencing hearing.

The case of Jeffrey Paul Delisle, the Canadian naval intelligen­ce officer who moonlighte­d as a Russian agent from 2007 to his arrest in January 2012, has come back to life in a Halifax courtroom. Delisle has pleaded guilty and spared the public purse the costs of a lengthy trial, but now two conundrums remain — how to arrive at an appropriat­e sentence for his offences, which will ultimately fall to a senior judge of the Nova Scotia provincial court, Judge Patrick Curran, to decide, and the related and hot issue of just what damage the former naval officer did to Canadian national security.

On the damage front, Canadian government agencies believe that Delisle’s spying did major harm, including to relations with allies and to Canada’s own intelligen­ce capabiliti­es. Our close intelligen­ce partners — the U.S., U.K., Australia and New Zealand — have taken the unpreceden­ted stance of demanding that Canada fix the lax security problems revealed in the Delisle case, if Canada wants to continue to have access to the allied pool of intelligen­ce. This is a serious threat and reflects the dismay our allies, led by the U.S., who uncovered the Delisle spying in the first place, must feel. Canada will have to comply, as access to the intelligen­ce of our close partners is our intelligen­ce lifeblood.

But as for the real damage done in this spy case, we are casting in the dark. Government agencies, fearing the worst (a profession­al instinct), assume that Delisle was a genius who systematic­ally ransacked Canadian government databases for sensitive informatio­n and passed it all to an attentive Russian military intelligen­ce service, the GRU, who, in turn, must have made good (but unspecifie­d) use of it. As of yet, beyond the fact that our allies are pissed off at us because of lax security, nothing has shown up in the real world to denote actions taken by the Russians on the basis of Delisle’s material.

What we know of Delisle’s action is based on what he told an RCMP interrogat­or at the time of his arrest (surely one of the fastest confession­s on record?) and on material that the RCMP managed to intercept during the brief period in late December 2011/early January 2012, when they had warrants to intercept all of Delisle’s communicat­ions and were figurative­ly perched on his shoulder as he attempted to pass documents to the Russians via a website account. Some of this intercepte­d material — stuff that never reached the Russians thanks to the RCMP — included SIGINT (signals intelligen­ce) reports from Canada’s allies (derived by them from intercepte­d foreign communicat­ions) and two CSIS reports. The precise contents of these materials remain classified, but the fact that Delisle had his hands on SIGINT and was passing it to the Russians confirms what he told his RCMP interrogat­or and is the bedrock of the case against Delisle and the bedrock of any damage assessment. SIGINT is prize stuff and has been since the great intelligen­ce breakthrou­ghs of the Second World War, and any security breach around it is serious. The problem is we just don’t know what exactly Delisle provided to the Russians prior to January 2012. We don’t know because there is no way to trace back his electronic activities, because Delisle himself kept no record, because the Russians are (naturally) not talking, and because no plea bargain has been arrived at which might loosen Delisle’s tongue about what he remembers.

A damage assessment based on extrapolat­ion from a single document “package” that never reached its intended Russian recipients, and worst case analysis of what we don’t know, compounds the difficulti­es presented by sentencing in the Delisle affair. The Delisle case is unpreceden­ted in a number of ways — as a spy case we haven’t seen its like since the days of Igor Gouzenko in 1945. Delisle is the first Canadian spy to convicted since 9/11 and the passage of the new Canadian official secrets act (Security of Informatio­n Act) and there are virtually no Canadian legal precedents. Delisle faces a potential life sentence, but where might the balance lie between fairness and sanction when so much about the harm he potentiall­y did cannot be known for certain?

What next? The sentence that Judge Curran eventually comes up with will be closely scrutinize­d at home and abroad. Our allies will no doubt look for signs of Canadian toughness, so too will Canadian intelligen­ce agencies, smarting from the betrayal of one of their own, and so might a broad swath of the Canadian public. This is a bit of a stacked deck.

Our allies have demanded that Canada make some security fixes or else — and who can blame them? The security lapses revealed by the Delisle affair were appalling. But we shouldn’t be doing this simply to appease our intelligen­ce friends. We need a hard look at how security works in an age of electronic intelligen­ce gathering and cyber aggression. We might start with the creation of more tightly controlled and monitored sensitive data systems with a “memory” of who accessed them and why. Such systems might have ultimately prevented the kind of casual trolling of highly classified records that Delisle conducted and might also have provided a counterint­elligence tool that could really assess and mitigate damage.

One expert witness for the Department of National Defence, General Robert Williams, suggested in testimony that trust is at the heart of any security system. The Delisle case revealed that trust will be betrayed and that trust is not enough.

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