Official Secrets Act (Canada)
The Official Secrets Act in Canada is a law that was enacted shortly after the country entered World War II, modeled closely after the British Official Secrets Act of 1911. This legislation penalizes the unauthorized release or retention of classified government information, imposing severe penalties, including up to fourteen years in prison. Historically, the act has seen limited prosecutions, with only nine convictions among twenty-one cases up to 1985, primarily involving civil servants. Notable cases include that of Peter Treu, an engineer charged for taking home official documents without permission, and the Toronto Sun's publication of a classified RCMP document, which led to legal proceedings against the newspaper. Although calls for reform have increased following the Canadian Charter of Rights and Freedoms in 1982, the Official Secrets Act remains unchanged. This law reflects ongoing tensions between national security interests and freedom of information in Canada.
Subject Terms
Official Secrets Act (Canada)
Enacted: 1939
Place: Canada (national)
Significance: This federal law provided penalties for unauthorized publication of classified government documents
The government of Prime Minister William Lyon Mackenzie King hastily introduced and passed the Official Secrets Act shortly after Canada entered World War II. The law was modeled directly on Great Britain’s 1911 Official Secrets Act, with only a few words changed. It provided for fourteen-year jail sentences for anyone who released or retained classified government information without proper authorization. Of the twenty-one persons prosecuted under the law by 1985, only nine had been convicted.
Most persons charged under the act have been civil servants. The most famous case involved Peter Treu, an engineer working for the North Atlantic Treaty Organization (NATO). Treu was charged under the act with taking home official documents without permission; there was no evidence that he intended to pass the government files to a foreign power. After he was tried in secret, he was released on appeal. Nevertheless, he lost his NATO job and was driven into bankruptcy by his legal fees.
Another famous case involved the Toronto Sun newspaper. In 1978 the Sun published details of a Royal Canadian Mounted Police document that had been classified “Top Secret.” Although this document passed through many unauthorized hands before the newspaper published it, the government charged the newspaper under the Official Secrets Act. A judge eventually dismissed the charge; however, the newspaper still had to pay a large legal bill.
Since adoption of the Canadian Charter of Rights and Freedoms in 1982 the number of voices clamoring for revision of the Official Secrets Act has grown, but the law has remained in place.