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Russian spy case had its documents lost, destroyed: Canada’s information watchdog – Global News

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Federal officials lost or possibly destroyed sensitive records about the case of a naval officer convicted of selling secrets to Russia, an investigation by Canada’s information commissioner has found.

The commissioner’s probe, which involved the country’s top public servant and the prime minister’s national-security adviser, left key questions unanswered because the classified records about the spy case could not be located.

The episode began seven years ago when The Canadian Press filed an Access to Information Act request with the Privy Council Office for briefing notes, emails and reports about the case of Jeffrey Delisle from a three-week period in the spring of 2013.


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Delisle, a troubled junior naval officer, had been sentenced to 20 years in prison after pleading guilty to passing classified western intelligence to Russia in exchange for cash on a regular basis for more than four years.

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The access law, intended to ensure government transparency, allows people who pay a $5 fee to ask for a wide array of federal documents, with some specific exceptions.

The Privy Council Office, the apex of the federal bureaucracy, responded in August 2013 that the records concerning Delisle would be entirely withheld from release because they dealt with matters such as investigations, international relations and detection of subversive or hostile activities.






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The Canadian Press complained the following month to the information commissioner, an ombudsman for users of the law who has the power to review documents and decide whether they have been properly withheld.

The events that followed were detailed this month in a letter to the news agency from information commissioner Caroline Maynard.

The commissioner’s office asked in 2013 for an uncensored copy of the files to examine and the Privy Council Office said arrangements would be made for an investigator to view the sensitive records on site.


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However, it appears more than five years passed before the commissioner’s office followed up.

In July 2019, the deputy director of the Privy Council Office corporate-services branch told one of the commissioner’s investigators the documents had “most likely” been inadvertently destroyed.

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Maynard then issued an order to Greta Bossenmaier, the national security and intelligence adviser to the prime minister at the time, to produce the records — a move aimed at determining whether they had indeed been purged.






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In late November, the Privy Council Office’s director of Access to Information replied on Bossenmaier’s behalf that the Privy Council Office could neither locate the records nor confirm if they had been destroyed.

The director provided a few more clues: in 2013, an access analyst viewed the records in a secure area of the office’s security and intelligence secretariat. They were then placed in a folder that appears to have been returned to a different cabinet.

“Should the documents be located, PCO will inform your office,” he wrote.


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As the PCO had still not confirmed the status of the documents, Maynard asked Privy Council clerk Ian Shugart in a Dec. 30, 2019, letter to provide any existing records by Jan. 20.

“I also urged the clerk to ensure that PCO take the necessary steps to guarantee that all records relevant to ongoing (Access to Information) complaints are properly stored,” says Maynard’s letter to The Canadian Press.

The Privy Council Office’s assistant deputy minister replied to Maynard last month that the records could not be found and called the matter “an isolated incident.”

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Since the incident, the PCO “has committed to ensuring a more rigorous approach” is taken with such requests, said Pierre-Alain Bujold, a Privy Council Office spokesman.

The PCO says it now directs officials to make copies of sensitive documents, ensure the request number is prominently displayed, and place the file in a centralized vault for safekeeping and future reference.

Natalie Bartlett, a spokeswoman for Maynard, declined to comment, saying the access law doesn’t allow the office to discuss an investigation unless and until it is published in a report.

In her letter to The Canadian Press, Maynard, who became commissioner in March 2018, apologized for the delay in investigating the complaint.






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“Your complaint has brought to the fore both the importance of institutions’ proper identification and preservation of responsive records, as well as the importance of conducting timely investigations.”

Maynard said that upon her appointment she instituted measures to ensure older complaints “continue to be actively pursued and that files do not remain unassigned for lengthy periods of time.”

She added that in this case, without the records, “I cannot effectively assess whether PCO was justified in refusing access, in whole or in part, under the act, nor can I prospectively recommend that information, incapable of being located, be disclosed.”

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Whitehead becomes 1st CHL player to verbally commit to playing NCAA hockey

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Braxton Whitehead said Friday he has verbally committed to Arizona State, making him the first member of a Canadian Hockey League team to attempt to play the sport at the Division I U.S. college level since a lawsuit was filed challenging the NCAA’s longstanding ban on players it deems to be professionals.

Whitehead posted on social media he plans to play for the Sun Devils beginning in the 2025-26 season.

An Arizona State spokesperson said the school could not comment on verbal commitments, citing NCAA rules. A message left with the CHL was not immediately returned.

A class-action lawsuit filed Aug. 13 in U.S. District Court in Buffalo, New York, could change the landscape for players from the CHL’s Western Hockey League, Ontario Hockey League and Quebec Maritimes Junior Hockey League. NCAA bylaws consider them professional leagues and bar players from there from the college ranks.

Online court records show the NCAA has not made any response to the lawsuit since it was filed.

“We’re pleased that Arizona State has made this decision, and we’re hopeful that our case will result in many other Division I programs following suit and the NCAA eliminating its ban on CHL players,” Stephen Lagos, one of the lawyers who launched the lawsuit, told The Associated Press in an email.

The lawsuit was filed on behalf of Riley Masterson, of Fort Erie, Ontario, who lost his college eligibility two years ago when, at 16, he appeared in two exhibition games for the OHL’s Windsor Spitfires. And it lists 10 Division 1 hockey programs, which were selected to show they follow the NCAA’s bylaws in barring current or former CHL players.

CHL players receive a stipend of no more than $600 per month for living expenses, which is not considered as income for tax purposes. College players receive scholarships and now can earn money through endorsements and other use of their name, image and likeness (NIL).

The implications of the lawsuit could be far-reaching. If successful, the case could increase competition for college-age talent between North America’s two top producers of NHL draft-eligible players.

“I think that everyone involved in our coaches association is aware of some of the transformational changes that are occurring in collegiate athletics,” Forrest Karr, executive director of American Hockey Coaches Association and Minnesota-Duluth athletic director said last month. “And we are trying to be proactive and trying to learn what we can about those changes.

Karr was not immediately available for comment on Friday.

Earlier this year, Karr established two committees — one each overseeing men’s and women’s hockey — to respond to various questions on eligibility submitted to the group by the NCAA. The men’s committee was scheduled to go over its responses two weeks ago.

Former Minnesota coach and Central Collegiate Hockey Association commissioner Don Lucia said at the time that the lawsuit provides the opportunity for stakeholders to look at the situation.

“I don’t know if it would be necessarily settled through the courts or changes at the NCAA level, but I think the time is certainly fast approaching where some decisions will be made in the near future of what the eligibility will look like for a player that plays in the CHL and NCAA,” Lucia said.

Whitehead, a 20-year-old forward from Alaska who has developed into a point-a-game player, said he plans to play again this season with the Regina Pats of the Western Hockey League.

“The WHL has given me an incredible opportunity to develop as a player, and I couldn’t be more excited,” Whitehead posted on Instagram.

His addition is the latest boon for Arizona State hockey, a program that has blossomed in the desert far from traditional places like Massachusetts, Minnesota and Michigan since entering Division I in 2015. It has already produced NHL talent, including Seattle goaltender Joey Daccord and Josh Doan, the son of longtime Coyotes captain Shane Doan, who now plays for Utah after that team moved from the Phoenix area to Salt Lake City.

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Calgary Flames sign forward Jakob Pelletier to one-year contract

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CALGARY – The Calgary Flames signed winger Jakob Pelletier to a one-year, two-way contract on Friday.

The contract has an average annual value of US$800,000.

Pelletier, a 23-year-old from Quebec City, split last season with the Flames and American Hockey League’s Calgary Wranglers.

He produced one goal and two assists in 13 games with the Flames.

Calgary drafted the five-foot-nine, 170-pound forward in the first round, 26th overall, of the 2019 NHL draft.

Pelletier has four goals and six assists in 37 career NHL games.

This report by The Canadian Press was first published Sept. 13, 2024.

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Kingston mayor’s call to close care hub after fatal assault ‘misguided’: legal clinic

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A community legal clinic in Kingston, Ont., is denouncing the mayor’s calls to clear an encampment and close a supervised consumption site in the city following a series of alleged assaults that left two people dead and one seriously injured.

Kingston police said they were called to an encampment near a safe injection site on Thursday morning, where they allege a 47-year-old male suspect wielded an edged or blunt weapon and attacked three people. Police said he was arrested after officers negotiated with him for several hours.

The suspect is now facing two counts of second-degree murder and one count of attempted murder.

In a social media post, Kingston Mayor Bryan Paterson said he was “absolutely horrified” by the situation.

“We need to clear the encampment, close this safe injection site and the (Integrated Care Hub) until we can find a better way to support our most vulnerable residents,” he wrote.

The Kingston Community Legal Clinic called Paterson’s comments “premature and misguided” on Friday, arguing that such moves could lead to a rise in overdoses, fewer shelter beds and more homelessness.

In a phone interview, Paterson said the encampment was built around the Integrated Care Hub and safe injection site about three years ago. He said the encampment has created a “dangerous situation” in the area and has frequently been the site of fires, assaults and other public safety concerns.

“We have to find a way to be able to provide the services that people need, being empathetic and compassionate to those struggling with homelessness and mental health and addictions issues,” said Paterson, noting that the safe injection site and Integrated Care Hub are not operated by the city.

“But we cannot turn a blind eye to the very real public safety issues.”

When asked how encampment residents and people who use the services would be supported if the sites were closed, Paterson said the city would work with community partners to “find the best way forward” and introduce short-term and long-term changes.

Keeping the status quo “would be a terrible failure,” he argued.

John Done, executive director of the Kingston Community Legal Clinic, criticized the mayor’s comments and said many of the people residing in the encampment may be particularly vulnerable to overdoses and death. The safe injection site and Integrated Care Hub saves lives, he said.

Taking away those services, he said, would be “irresponsible.”

Done said the legal clinic represented several residents of the encampment when the City of Kingston made a court application last summer to clear the encampment. The court found such an injunction would be unconstitutional, he said.

Done added there’s “no reason” to attach blame while the investigation into Thursday’s attacks is ongoing. The two people who died have been identified as 38-year-old Taylor Wilkinson and 41-year-old John Hood.

“There isn’t going to be a quick, easy solution for the fact of homelessness, drug addictions in Kingston,” Done said. “So I would ask the mayor to do what he’s trained to do, which is to simply pause until we have more information.”

The concern surrounding the safe injection site in Kingston follows a recent shift in Ontario’s approach to the overdose crisis.

Last month, the province announced that it would close 10 supervised consumption sites because they’re too close to schools and daycares, and prohibit any new ones from opening as it moves to an abstinence-based treatment model.

This report by The Canadian Press was first published Sept. 13, 2024.

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