A man from Ontario, aged 38, faced a unique charge under Canada’s state secrets law for disclosing sensitive information to a foreign entity or terrorist group. He was deemed not criminally responsible after uploading a YouTube video that exposed vulnerabilities at a nuclear power plant and provided instructions on causing harm.
James Alexander Mousaly, an employee of Ontario Power Generation, was diagnosed with bipolar disorder and psychosis during the time he livestreamed the video on January 30, 2024. The Ontario Superior Court ruled in Oshawa that Mousaly believed he was a prophet and whistleblower on workplace safety.
The video was removed by family members within a day of its posting, and there was limited viewership. Transcripts of the livestream revealed anti-nuclear industry sentiments and offers to aid in attacking nuclear power plants globally.
An expert from the Canadian Nuclear Safety Commission verified that the video disclosed secret vulnerabilities of a Canadian nuclear plant. Ontario Power Generation expressed concerns that the information could assist in optimizing an attack on nuclear plants.
While the specific vulnerability remains sealed by the court, Mousaly’s credentials at the power plant were revoked a month before the incident. Following the trial, the government removed some information about Mousaly from its official platforms.
Mousaly’s lawyer clarified that his client’s intention was not to cause harm but to raise safety concerns by urging governments to shut down nuclear power sources. Mousaly acknowledged the illegality of his actions, attributing them to his mental health issues.
The judge ordered Mousaly’s detention until a spot becomes available at a specialized mental health facility. A mental health review board will assess his case and determine the duration of his stay.
The charge against Mousaly falls under Section 16(1) of Canada’s Security of Information Act, now named the Foreign Interference and Security of Information Act. This section criminalizes the communication of safeguarded information to foreign entities or terrorist groups with the intent to harm Canadian interests.
This case marks the third instance of charges under the act being concluded in court. Notably, Cameron Ortis, a former RCMP intelligence official, and Jeffrey Delisle, a former navy lieutenant, were convicted for similar offenses in the past.