Judy Kliewer

Cameron Ortis, convicted of offences under the Security of Information Act and Criminal Code, sought bail pending appeal to the Court of Appeal for Ontario.

The court granted bail, finding that the appeal was not frivolous, the applicant would surrender into custody, and detention was not necessary in the public interest.

The decision emphasized the significant reviewability interest due to novel issues raised on appeal, including the constitutional validity of s. 14 of the SOIA and the impact of s. 38 Canada Evidence Act redactions on the right to a fair trial, which outweighed the enforceability interest given the strict bail conditions and absence of flight or public safety concerns.

The court addressed a constitutional challenge to section 14 of the Security of Information Act, which criminalizes the unauthorized communication of special operational information by persons permanently bound to secrecy.

The challenge argued that the term "without authority" was unconstitutionally vague, violating section 7 of the Canadian Charter of Rights and Freedoms.

The court dismissed the application, holding that the term was not vague when interpreted in its statutory context, particularly for the specific class of individuals to whom it applies.

It clarified that "without authority" pertains to the actus reus of the offence, meaning the power or right to act, derived from one's official position or a superior's grant of authority.

The offender, a high-ranking civilian member of the RCMP, was convicted of communicating special operational information to targets of international investigations, breach of trust, and unauthorized use of a computer.

The Crown sought 22 to 25 years' imprisonment, while the defence sought a sentence of time served (seven years).

The court emphasized denunciation and deterrence, noting the offender's extreme breach of trust and the potential risk to undercover operations, but also considered his historically good character and harsh pre-trial custody conditions.

The court imposed a total sentence of 14 years' imprisonment, reduced by 2400 days of pre-trial custody credit, leaving 7 years and 155 days to serve.

The accused, Cameron Ortis, brought an application for a stay of proceedings under section 38.14 of the Canada Evidence Act, arguing that non-disclosure of highly classified information by the Crown compromised his right to a fair trial and full answer and defence.

The court dismissed counts 5 to 8 of the indictment, finding that the prohibited classified information was of immense importance to Ortis's defence regarding the mens rea element of those charges, making the national security interests and fair trial rights irreconcilable.

However, the court denied the stay for counts 1 to 4, 9, and 10, determining that the non-disclosure did not sufficiently impact Ortis's ability to present his defence for those charges.

The applicant, a former high-ranking civilian member of the RCMP charged with serious national security offences under the Security of Information Act, sought a bail review after spending over three years in pre-trial custody.

Following the dismissal of four of the ten charges against him, the court found a material change in circumstances.

The court concluded that the applicant met his onus on the primary, secondary, and tertiary grounds, noting that the passage of time and strict proposed conditions mitigated the risks of flight, reoffending, and loss of public confidence.

The application was granted, and the applicant was released on strict conditions including house arrest and GPS monitoring.