Doreen Mueller

The respondent, a Canadian citizen detained at Guantanamo Bay, sought disclosure of records of interviews conducted by Canadian officials with him and shared with U.S. authorities.

The Supreme Court of Canada held that the Charter applied to the Canadian officials' actions because the process at Guantanamo Bay violated Canada's binding international human rights obligations.

Under section 7 of the Charter, Canada has a duty to disclose the records of the interviews and any information given to U.S. authorities as a direct consequence, subject to national security and other considerations under the Canada Evidence Act.

The parties filed several motions in the context of an appeal regarding disclosure of materials to a detainee at Guantanamo Bay.

The respondent sought a sealing order to file fresh evidence obtained from U.S. proceedings, which was granted with conditions to allow the panel hearing the appeal to determine its admissibility.

The appellants moved to strike portions of the respondent's factum and the entirety of two interveners' factums, arguing the submissions lacked factual basis, were non-justiciable, and raised new issues.

The Court dismissed the motions to strike, holding that these objections should be argued before the panel hearing the main appeal.