RCMP Lays Breach of Trust Charge Against Vice Admiral Mark Norman Which May Not Stand Up in Court

As part of a criminal investigation, the Royal Canadian Mounted Police (RCMP) National Division Sensitive and International Investigations Section has charged 54-year-old Mark Norman with Breach of Trust under Section 122 of the Criminal Code. Norman is alleged to have illegally disclosed government information to unauthorized parties.

This investigation began in December 2015 when the RCMP received a complaint alleging that cabinet confidence information about the new Trudeau government wanting to cancel the interim support ship contact for a Canadian naval supply ship from Davie Shipyard of Lauzon PQ for purely partisan political reasons. Following receipt of this complaint, the RCMP sought evidence through a number of judicial authorizations and a Mutual Legal Assistance Treaty Request from U.S. authorities. The investigation also involved other investigative measures such as witness interviews, as well as the forensic analysis of a significant number of documents.

The Criminal Code of Canada shows that this offence was added in February of 2018, long after the event in question took place in 2015.

Breach of trust by public officer
122 Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.

R.S., c. C-34, s. 111.
Date modified: 2018-02-26 <<<<note the date

Encyclopedia Britannica shows that this is a violation of the common law:

Ex post facto law, law that retroactively makes criminal conduct that was not criminal when performed, increases the punishment for crimes already committed, or changes the rules of procedure in force at the time an alleged crime was committed in a way substantially disadvantageous to the accused.

National Division’s Sensitive and International Investigations Section focuses on criminal activity that poses a threat to Canada’s government institutions, public officials, the integrity of the Crown, or that imperils Canada’s political, economic or social integrity.

Norman is scheduled to appear in court on April 10, 2018.

With the filing of this charge on a Friday, usually time to miss the major news cycle,  and the same day as the appointment of a new Commissioner of the scandal-plagued RCMP, this case will likely never see the light of day.

Related posts