In a recent ruling in Oshawa, Ontario, a 38-year-old man named James Alexander Mousaly, employed by Ontario Power Generation, has been deemed not criminally responsible for breaching Canada’s state secrets law by divulging sensitive information through a YouTube video. The video, which exposed vulnerabilities in nuclear power plants and offered instructions on causing damage, was live-streamed by Mousaly while experiencing bipolar disorder and psychosis on January 30, 2024.
According to Ontario Superior Court Justice Jill Cameron, Mousaly’s delusions led him to believe he was a prophet and whistleblower on workplace safety issues. The video was taken down by family members within a day, and there is no evidence that it was widely viewed. The court heard redacted transcripts of the livestream where Mousaly expressed anti-nuclear sentiments and offered assistance to potential saboteurs.
An expert from the Canadian Nuclear Safety Commission confirmed that the video revealed at least one classified vulnerability in a Canadian nuclear power plant. Ontario Power Generation stated that the information disclosed could potentially aid adversaries in targeting nuclear facilities in Canada or abroad. The specifics of the vulnerability remain sealed by the court.
Mousaly, who earned $127,600 in 2023 according to public records, had his site access revoked a month before the incident. His lawyer, Thomas Balka, argued that Mousaly’s intention was not to harm but rather to advocate for safety by shutting down nuclear power plants. Balka emphasized Mousaly’s positive attributes as a hardworking and caring individual.
Following the trial, Mousaly has been detained pending placement in a specialized provincial mental health facility. A mental health review board will determine the length of his stay. The charges against him fall under the Foreign Interference and Security of Information Act, formerly known as the Security of Information Act, making it illegal to disclose information to foreign entities or terrorist groups that could harm Canadian interests.
This case marks only the third instance of charges under this act reaching a verdict. Past cases include the conviction of RCMP official Cameron Ortis and former navy lieutenant Jeffrey Delisle for breaching similar secrecy laws.
