The saga of Mark Norman, the former vice-admiral who was relieved of his duties, has been mysterious from day one. A 2006 Supreme Court case centring on s.122, the breach of trust charge, reviewed cases from Canada, Australia and Hong Kong as it grappled with the section’s wide scope and, in its decision, gave us a good idea of how the charge may apply to Norman. Criminal charges can be brought against any public official, but this extra charge makes it clear that breaching the trust of the office is especially bad. Misconduct by a public official can also be a breach of trust, but the Supreme Court has set a higher bar for that. For example, an official using her government computer for personal use, or pilfering some printer paper, would likely face a reprimand but not a breach of trust charge.

Source: National Post March 14, 2018 00:33 UTC