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Prohibition on disclosure of redacted CSIS information confirmed under section 38 of the Canada Evidence Act.
The Attorney General of Canada filed an application under section 38.04 of the Canada Evidence Act seeking an order confirming the statutory prohibition on disclosure of sensitive or potentially injurious information redacted from documents produced by the National Security and Intelligence Review Agency.
The underlying proceeding is the respondent's application for judicial review of NSIRA's dismissal of a complaint against CSIS.
The Federal Court applied the Ribic test and confirmed the prohibition on disclosure for the remaining redacted information, finding the public interest in non-disclosure outweighed the public interest in disclosure due to national security concerns, while allowing certain uncontested lifts and non-injurious summaries.
